Private Limited Company

When setting up a private limited company, there are certain documents that need to be submitted by the directors and shareholders. These documents are essential for the incorporation of the company and include important information such as the company's name, registered office address, share capital details, and other pertinent information.

The documents that need to be submitted by directors and shareholders of a private limited company include Articles of Association, Memorandum of Association, application for registration, declaration of compliance with all applicable laws and regulations, appointment forms for directors and secretary (if needed), share allotment forms and other relevant documents. It is important to ensure that all these documents are properly filled out and submitted in order to ensure a successful incorporation process.

Annual Compliances to be complied by Private Limited companies (PLCS) : Private Limited Companies (PLCs) are required to comply with several annual compliances in India. Here is a list of some of the major annual compliances for Private Limited Companies:

Annual General Meeting (AGM) : PLCs are required to hold an AGM every year, within six months from the end of the financial year. The AGM is a forum for shareholders to discuss matters related to the company's performance, elect directors, and approve financial statements.

Annual Return Filing : PLCs are required to file their Annual Return in Form MGT-7 with the Registrar of Companies (RoC) within 60 days from the closure of the financial year. The Annual Return contains details such as the company's name, registered office address, directors' details, and the financial position of the company. Financial Statements Filing: PLCs are required to prepare and file their Financial Statements for the financial year ending on March 31st in Form AOC-4 with the Registrar of Companies (RoC) within 30 days from the due date of Annual General Meeting (AGM). The Financial Statements include the Balance Sheet, Profit and Loss Account, and the Statement of Changes in Equity.

Statutory Audit : PLCs are required to get their accounts audited by a Chartered Accountant every year. The audit report must be attached with the Financial Statements while filing Form AOC-4.

Income Tax Filing : PLCs are required to file their Income Tax Return (ITR) every year in Form ITR-6 with the Income Tax Department. The due date for filing ITR for PLCs is September 30th of the following financial year. PLCs are also required to obtain a Tax Audit Report from a Chartered Accountant if their turnover exceeds Rs. 1 crore.

GST Filing : PLCs registered under the Goods and Services Tax (GST) Act are required to file their GST Returns regularly. The frequency of GST Return filing depends on the turnover of the PLC.

TDS Filing : PLCs are required to deduct Tax Deducted at Source (TDS) while making payments to their vendors or suppliers. They are also required to file TDS payments to be done on monthly basis and Returns Quarterly basis.

It is important for PLCs to comply with these annual compliances to avoid penalties and legal implications. PLCs can seek professional help Company Secretaries to ensure timely compliance with these requirements.

Documents to be submitted by Directors & Shareholders

  • PAN Card (Compulsorily)
  • Voter's ID/Passport/Driver's License (Only any One as ID Proof)
  • Copy of Latest Bank Statement (not older than 2 months old, to be used as Address Proof)
  • Telephone or Mobile Bill/Electricity or Gas Bill (Utility bills) (to be used as Address Proof)
  • Passport-size photograph (Soft copy)
  • Copy of Specimen signature (Document shall be shared by us, and to be signed Directors Only)

NOTE: In case of Having a Valid DIN by the Directors only PAN and Adhaar is sufficient, it is only for Indian Resident Directors.
In case Directors residing outside India and Foreign nationals to incorporate a company in India, we urge to speak with professionals. Our Team of professionals are happy to assist you or guide you.

  • Self-attestation must be done by any one of the directors for the first three documents.
  • For the foreign nationals, apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid.
  • All the documents must be notarised (if NRI is currently in India or a Commonwealth country). All the documents must be notarised and apostille or attested by an Indian embassy (if in a non-Commonwealth country).

Documents regarding registered office

  • copy of Latest Electricity or Water Bill
  • copy of rental agreement Notarized in English
  • copy of No-objection certificate from the property owner
  • copy of sale deed/property deed in English (in case of owned property)

Establishing up of Foreign Subsidiary:

Establishing a foreign subsidiary of a private limited company is an important step for business growth and expansion. It helps the company to expand its operations and access new markets, as well as to benefit from various tax advantages. The process of company incorporation involves numerous steps such as selecting the jurisdiction, registering the company, obtaining necessary licenses, and setting up the appropriate corporate structure. Additionally, companies must also consider different legal requirements such as taxation laws and labour regulations in order to ensure compliance with local laws.

Establishing a foreign subsidiary of a private limited company is an important step for businesses looking to expand their operations abroad. It allows the parent company to benefit from local resources, access new markets and increase its global presence. Company incorporation involves setting up the legal framework for the foreign subsidiary, including registering it with local authorities, obtaining necessary permits and licenses, and establishing a corporate structure. With the right guidance and expertise, businesses can make this process simpler and more efficient.

Setting up a foreign subsidiary in India involves several steps and legal procedures. Here's a general overview of the process :

Choose the type of subsidiary : There are various types of subsidiaries that can be set up in India, including wholly-owned subsidiaries, joint ventures, and limited liability partnerships. Choose the type that best suits your business needs.

Reserve a company name : You'll need to reserve a unique name for your subsidiary through the Ministry of Corporate Affairs (MCA) website.

Obtain Director Identification Number (DIN's) and Digital Signature Certificate (DSC's) : The directors of the subsidiary will need to obtain a DIN and DSC from the MCA.

Obtain approval from the Reserve Bank of India (RBI) : Depending on the sector you operate in, you may need to obtain approval from the RBI for foreign investment in India.

Register the subsidiary : Once the above steps are completed, you'll need to register your subsidiary with the Registrar of Companies (ROC).

Obtain tax registration : Register your subsidiary with the tax authorities and obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN), these shall be given at the time of Incorporation. These numbers will be given or mentioned in the Certificate of Incorporation (COI) itself.

Register for Goods and Services Tax (GST) : If your subsidiary will be engaged in the sale of goods or services in India, you'll need to register for GST.

Open a bank account : Once the subsidiary is registered, open a bank account in India.

Obtain necessary licenses and permits : Depending on the nature of your business, you may need to obtain additional licenses and permits from the relevant authorities.

It is highly recommended to consult with a legal professional or a business consultant to ensure that all the legal procedures and requirements are met while setting up a foreign subsidiary in India.

Note: For Detailed Deliberations reach us at your ease time or leave a message.

Documents to be submitted by Directors & Shareholders

  • PAN Card (Compulsorily)
  • Voter’s ID/Passport/Driver’s License (Only any One as ID Proof)
  • Copy of Latest Bank Statement (not older than 2 months old, to be used as Address Proof)
  • Telephone or Mobile Bill/Electricity or Gas Bill (Utility bills) (to be used as Address Proof)
  • Passport-size photograph (Soft copy)
  • Copy of Specimen signature (Document shall be shared by us, and to be signed Directors Only)

NOTE: In case of Having a Valid DIN by the Directors only PAN and Adhaar is sufficient, it is only for Indian Resident Directors.

  • Self-attestation must be done by any one of the directors for the first three documents.
  • For the foreign nationals, apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid.
  • All the documents must be notarised (if NRI is currently in India or a Commonwealth country). All the documents must be notarised and apostille or attested by an Indian embassy (if in a non-Commonwealth country)

Documents regarding registered office

  • copy of Latest Electricity or Water Bill
  • copy of rental agreement Notarized in English
  • copy of No-objection certificate from the property owner
  • copy of sale deed/property deed in English (in case of owned property)
 
     
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