Private Limited Company
A business entity registered with the Ministry of Corporate Affairs under companies act. It is the most popular business structure in India as it has many advantages and easy to operate. It is the best option to start the business as the owner and directors of the company have limited liability, and they are not personally liable to any debt and losses owned by the company as the company and management of the company are different from each other. Any business activity can start under the private limited company format, but it should be a legal activity. As per new rules of registration, it gets effortless to register the company by following the simple registration process.
Characteristics Of Private Limited Company
Members : To start a company, a minimum number of 2 members are required and a maximum number of 200 members as per the provisions of the Companies Act, 2013.
Limited Liability : The liability of each member or shareholders is limited. It means that if a company faces loss under any circumstances then its shareholders are liable to sell their own assets for payment. The personal, individual assets of the shareholders are not at risk.
Perpetual succession : The company keeps on existing in the eyes of law even in the case of death, insolvency, the bankruptcy of any of its members. This leads to the perpetual succession of the company. The life of the company keeps on existing forever.
Index of members : A private company has a privilege over the public company as they don’t have to keep an index of its members whereas the public company is required to maintain an index of its members.
A number of directors : When it comes to directors a private company needs to have only two directors. With the existence of 2 directors, a private company can come into operations.
Paid-up capital : It must have a minimum paid-up capital of Rs 1 lakh or such higher amount which may be prescribed from time to time.
Prospectus : Prospectus is a detailed statement of the company affairs that is issued by a company for its public. However, in the case of a private limited company, there is no such need to issue a prospectus because this public is not invited to subscribe for the shares of the company.
Minimum subscription : It is the amount received by the company which is 90% of the shares issued within a certain period of time. If the company is not able to receive 90% of the amount then they cannot commence further business. In the case of a private limited company, shares can be allotted to the public without receiving the minimum subscription.
Name : It is mandatory for all the private companies to use the word private limited after its name.
Requirements For Private Limited Company Registration
The requirements for private limited company registration are:
Members : A minimum number of two and a maximum number of 200 members or shareholders are required as per the companies’ act 2013 before registration of the company.
Directors : A minimum number of two directors is required for registering the private limited company. Each of the directors should have DIN i.e. director identification number which is given by the ministry of corporate affairs. One of the directors must be a resident of India which means he/she should have stayed in India for not less than 182 days in a previous calendar year.
Name : It is one of the major components of a private limited company. The name of the company contains three parts i.e. the name, the activity, and private limited company. It is necessary for all private companies to use the word private limited company at the end of its company name. Every company has to send 5-6 names for approval to the registrar of the company and all the names should be unique and expressive. The name for approval should not resemble any other companies name. So choosing the right company name is an important component is it will stay with the company throughout its life.
Registered office address : While going for the registration of the company, the owner should provide the temporary address of the company until it does not get register. However when the company has been registered then the permanent address of its registered office should be suited with the registrar of the company. The Registered office of the company is where the company’s main affairs are been conducted and where all the documents are placed.
Obtaining a digital signature certificate : In today’s modern world everything is done online. All documents are submitted electronically and for that, every company must obtain a digital signature certificate which is used to verify the authenticity of the documents. A digital signature is obtained by all the directors which are marked on all the documents by every director.
Professional certification : In a company there are many professionals which have required for many purposes. For incorporating a private limited company certification by these professionals are necessary. Various professionals such as company secretary, chartered accountant, cost accountant, etc are required to make their certification at the time of company incorporation.
Advantages Of Private Limited Companies
Ownership : In a public company, regulation and ownership of shares can be sold to the public on an open market. On the other hand, in a private company, shares can be sold or transferred to other people by the choice of the owner. Shares of such companies are owned by founders, management or a group of private investors. Shares here are not sold in the open market. Thus there will be fewer shareholders. This means less complexity and confusion in decision making and management.
Minimum Number of Shareholders : For a private company, a minimum number of required shareholders is 2, whereas, for a public company, you require a minimum of 7 shareholders.
Legal Formalities : Legal formalities are sometimes very expensive and time-consuming, aren’t they? If you’re planning to start a public company, you better be prepared because there is a long list of legal formalities for forming a public company. Private companies have a comparatively shorter list.
Disclosing Information : A public company is required to disclose their financial reports to the public every quarter, as it will affect public investment; private companies are not subjected to any such compulsion.
Management and Decision Making : Management and decision making becomes more complex and confusing in public companies as more number of shareholders is to be consulted. This complex procedure is eliminated in a private company as the number of shareholders is less.
Focus of Management : Managers of Public companies are focused on increasing the value of shares, whereas managers of the private company are more flexible in the short term and long term business decisions.
Stock Market Pressure : Private companies are not pressurized by the stock market and you don’t have to worry about shareholder expectations and interference as long as they work within the law. Shareholders in public companies are focused on current earnings and they exert pressure on the company to increase earnings.
Long Term Planning : Managers of public companies are pressurized to increase earnings in the short term in order to increase the value of their stock. Private companies can focus on long-term earnings as such pressure is eliminated.
Minimum Share Capital : You will be needing a lot of money for a public company. A public company requires a minimum share capital of Rs. 5,00,000. For a private company, the earlier minimum number of the share capital was Rs. 1,00,000, but now there is no such minimum compulsion. Therefore there is no pressure of fund requirements.
Confidential : It is obviously not appropriate, for competitors to know about your business secrets. Confidential information such as executive compensation, legal settlements, and other essential information cannot be kept reserved in public companies. Such information is more secure in a private company.
Therefore, a Private Limited Company is less complicated compared to a Public company. It is comparatively less expensive and less time-consuming.
Nidhi Company
‘Nidhi’ means treasure or to finance or fund. The main objective of the company is to build the habit of saving among its members. It is just like a public limited company and needs a minimum of seven members and three directors to register it. It is also known as ‘Mutual benefit companies’ this terminology is mainly used in the banking sector. They borrow money from their members and pay interest on such borrowing and lend to its members on specified interest rates. It works as a community among a group of people, the company took money from one person and gave it to another member, and it circulates the money among the other members of the company. They are incorporated to build a money reserve, receive deposits and lend money to its members.
This structure is different from the other business forms in the sense that any person who is a member of Nidhi company can make deposits or borrow loans whenever the need arises. Any person can become part of the company and take the benefit of its activity only by taking part in the shares of the company. Anyone can start this business for the mutual interests of the members of the company.
What Do You Get In Nidhi Company
1 RUN Application Form
3 Director Identification Number
7 Digital Signature
Memorandum Of Association
Article of Association
PAN Card Of Company
TAN Number Of Company
Certificate Of Incorporation
Board Resolution To Open Bank Account
GST Registration
Share Certificate
Up to 5 Lakhs Authorized Capital
Applicability
The Central Government made ‘Nidhi Rules, 2014’ to carry out the objectives of ‘Nidhi’ companies. These rules shall apply to:
Every company which had been declared as a Nidhi or Mutual Benefits under Section 620A(1)of Companies Act, 1956;
Every company functioning on the lines of a Nidhi company or Mutual benefit society but has either not applied for or has applied for and is awaiting notification to be a Nidhi or Mutual Benefit Society under Section 620A(1)of Companies Act, 1956;
Every company incorporated as a Nidhi according to the provisions of Section 406of the Companies Act, 2013.
Requirements For Nidhi Company
A Nidhi company to be incorporated under this Act shall be a Public Company.
It shall have a minimum paid-up equity share capital of Rs.5,00,000/-.
No preference shares shall be issued.
If preference shares had already been issued by a Nidhi Company before the commencement of this Act, such preference shares are to be redeemed following the terms of issue of such shares.
The object of the company shall be cultivating the habit of thrift and savings amongst its members, receiving deposits from and lending to its members only for their mutual benefits.
It shall have the words ‘Nidhi Limited’ as part of its name.
Documents Required For Nidhi Company Registration
Pan Card : Pan Card is required for all the Directors and Shareholders of the company.
ID Proof : Driving License, Voter Id Card or Passport. Anyone Id Proof is required for all the Directors and Shareholders of the company.
Bank Statement : The latest Bank Statement not older than 2 months is required for all the Directors and Shareholders of the company.
Passport Size Photo : A passport size photograph is required for all the Directors and Shareholders of the company.
Registered Office Proof : Latest Utility bill not older than 2 months, Rent agreement in case of rented property Registry Proof or House Tax Receipt in case of owned property and No Objection Certificate (NOC) from the owner.
Penalty
If a company contravenes any of the provisions of the rules the company and every officer of the company who is in default shall be punishable with fine which may extend to Rs.5,000/- and where the contravention is a continuing one, with a further fine which may extend to Rs.500/- for every day after the first during which the contravention continues.