25+ YEARS
OF LEGAL EXPERIENCE
Legal counsel for entrepreneurs, investors and businesses on establishing private limited companies in India, including incorporation, corporate structuring, documentation and compliance.
A private limited company is one of the most commonly used corporate structures for businesses establishing a presence in India. It provides a separate legal identity, limited liability for its members and a defined framework for ownership, management and corporate governance.
Rajkishore Associates advises entrepreneurs, investors, foreign companies and business groups on company registration in India, from determining the appropriate structure and preparing incorporation documents to completing the incorporation process and addressing post-incorporation legal requirements.
A private limited company is a separate legal entity from its shareholders and can own property, enter into contracts and conduct business in its own name.
The liability of shareholders is generally limited to the extent provided by the company's constitutional and statutory framework.
Shareholding can be structured to reflect the interests of founders, investors and other stakeholders, subject to applicable law.
A corporate structure can provide a suitable framework for bringing in investors, expanding operations and undertaking future corporate transactions.
The incorporation process involves decisions concerning the proposed business, its ownership and management structure, the registered office and the constitutional documents of the company. The principal steps generally include the following:
Identify the proposed business activities, ownership structure, proposed shareholders and directors, and whether a private limited company is appropriate for the proposed business.
Identify suitable names for the proposed company and consider their availability and compliance with the applicable naming requirements.
Decide the proposed shareholding between the subscribers and the initial share capital and ownership arrangements.
Identify the proposed directors and subscribers and arrange the identity, address and other documents required for incorporation.
Determine the proposed registered office and arrange the supporting address and ownership or occupancy documentation, as applicable.
Prepare the Memorandum of Association and Articles of Association, together with the declarations, resolutions and other incorporation documentation required for the proposed company.
Complete the applicable incorporation filings and linked forms with the Registrar of Companies, together with the required supporting documents.
Where the Registrar raises any clarification or requires resubmission, the relevant information and documents are reviewed and submitted as required.
Upon approval of the incorporation application, the company receives its Certificate of Incorporation and Corporate Identity Number.
Following incorporation, the company must address the applicable statutory, corporate, tax, banking and other regulatory requirements relevant to its business and structure.
The documents required for incorporation depend on the proposed structure and the status of the proposed shareholders and directors. Additional documentation may be required where a subscriber or shareholder is a company, foreign entity or non-resident.
Rajkishore Associates advises entrepreneurs, businesses, investors and foreign companies on establishing and structuring businesses in India. The firm's approach combines company law knowledge with an understanding of the commercial objectives behind the proposed business structure.
In addition to incorporation, the firm advises on shareholder arrangements, foreign investment, corporate documentation, due diligence, commercial matters and other legal issues that may arise as the business develops.
A Private Limited Company is a company incorporated under the Companies Act, 2013 with a separate legal identity and limited liability framework. It is commonly used by entrepreneurs, businesses and investors for carrying on business in India.
Company registration generally involves determining the proposed business and ownership structure, selecting a suitable company name, identifying the directors and subscribers, arranging the registered office and preparing the incorporation documents, followed by filing the applicable incorporation forms and supporting documents with the Registrar of Companies.
A private company generally requires at least two directors, subject to the requirements of the Companies Act, 2013. The directors must also satisfy the applicable statutory requirements, including the requirement relating to a resident director.
A private company generally requires at least two members. The proposed shareholding and ownership structure should be considered carefully at the time of incorporation, particularly where founders, investors or corporate shareholders are involved.
The documents depend on the circumstances of the proposed company and its subscribers and directors. They may include identity and address documents, registered office documents, constitutional documents and, where applicable, documents relating to corporate or foreign shareholders. Foreign documents may also be subject to applicable notarisation, apostille or consularisation requirements.
Yes. Every company is required to have at least one director who satisfies the applicable residency requirement under the Companies Act, 2013. The residency requirement should be considered when structuring the board of a newly incorporated company.
A company must have a registered office capable of receiving and acknowledging communications and notices from the fifteenth day of incorporation and thereafter. The Companies Act, 2013 also requires verification of the registered office to be furnished to the Registrar within thirty days of incorporation. In certain circumstances, the registered office may therefore be established after incorporation in accordance with the applicable requirements.
The time required can vary depending on the availability and completeness of the proposed name and documents, the circumstances of the subscribers and directors, and whether any clarification or resubmission is required. A properly prepared application can generally be processed more efficiently.
There is no general statutory minimum paid-up capital requirement for incorporating a private limited company under the Companies Act, 2013. The appropriate authorised and subscribed capital should nevertheless be considered in light of the company's proposed activities, ownership and funding requirements.
Yes, subject to the applicable foreign investment framework, sectoral conditions, entry route and other legal and regulatory requirements. The proposed business activity and ownership structure should be examined before establishing the Indian company.
A newly incorporated company is required to comply with the applicable provisions of the Companies Act, 2013 and other laws relevant to its business. Depending on the company's activities and structure, this may include statutory registers, board and shareholder matters, financial statements, annual filings, tax-related requirements and sector-specific regulatory compliances.
Rajkishore Associates advises entrepreneurs, investors, foreign companies and businesses on the legal and corporate aspects of establishing a company in India. The firm assists with evaluating the appropriate structure, incorporation documentation, shareholding and capital structuring, registered office requirements, foreign investment considerations and post-incorporation corporate matters.
Contact Rajkishore Associates to discuss your company formation, corporate structuring and related legal requirements.
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