Overview of Private Limited Company registration in Chandigarh, Punjab
Starting a business of your own could be an exciting as well as a nerve-wracking situation for you, after all, it’s a big responsibility. However, at the same time, it is highly recommended for you pick a business structure that could allow you maximum benefits and save your energy to focus on growing your business. Therefore, for someone who believes in starting small & make their way upward is one of the highly recommended ways to start a private limited in India.
A private limited company registered in Chandigarh, Punjab is a popular business structure that is especially relevant for smaller companies & start-ups who are with higher risk and growth aspirations. It comes with multifarious benefits like limited liability, separate legal existence, better credibility, and ease in raising external funds. Unlike a partnership firm or an LLP, the day-to-day affairs of a company are managed by the directors of the Private Limited Company.
Definition of Private Limited Company in Chandigarh, Punjab
Section 2(68) of the Companies Act 2013 describes, a Private Limited Company as a company that-
- Places a restriction in its articles of association regarding the transfer of shares.
- Limits the total number of members to up to two hundred.
Therefore, in the case of a private limited company, the number of total shareholders cannot be more than 200 at a time, and the transfer of shares is restricted to be traded among the public in general. Therefore, a private limited company is essentially suitable for smaller companies.
Private Limited Company registration in Punjab
Punjab is located in northern India; it shares national borders with Himachal Pradesh, Haryana, Rajasthan, Chandigarh, and Jammu & Kashmir, and the international border with Pakistan. Punjab is the 19th largest state in area and the 16th largest state in population with 23 districts. Punjab’s official and widely spoken language is Punjabi; it is written in Gurmukhi script, and the major ethnic groups in Punjab are Sikh, Hindu, and Punjabis. The state shares its capital Chandigarh with the neighboring state Haryana.
It is named Punjab because the five tributary rivers (Sutlej, Beas, Ravi, Chenab, and Jhelum) of the Indus River flow in this state. The state has suffered from the dark scars of the holocaust during the partition in 1947. Punjab is the 9th highest-ranking state on the State Human Development Index. The sex ratio of Punjab is constantly declining, as the sex ratio of the state is 895 females per thousand males.
As Punjab has the most fertile land so, the economy of the state is highly dependent on agriculture. Punjab’s soil and climatic conditions are perfect for growing sugarcane, wheat, rice, fruits, and vegetables. Punjab’s economy has always been based on agriculture, but the state’s economy got a boost after the launch of the Green Revolution. The largest cultivated crop in Punjab is wheat, and Ferozepur and Fazilka districts are the largest producers of wheat and rice. Punjab is called the breadbasket of India because it has high wheat production. The state has recorded the lowest level of hunger in India, according to the Indian state hunger index. Besides agriculture, the other sources of economic development in Punjab are tourism, music, and the film industry.
Capital- Chandigarh
The startup ecosystem of Punjab
In the state’s startup ranking 2019 Punjab has been entitled as the aspiring leader. In 2017 the Punjab government officially launched its Industrial and business development policy. The motto of the Policy was to promote industrial development to nurture and grow the startup ecosystem. The 2017 Industrial Business Development policy aims to promote innovation and entrepreneurship spirit in the people of Punjab so that they can shift from job seekers to job creators.
To build a robust startup ecosystem, the state government has promoted networking of prominent academic institutions of higher education that carry out research and innovation along with other organizations operating incubators and accelerators. Following are the main objectives of the industrial and business development policy 2017: –
The policy aims to build a strong startup ecosystem and promote the entrepreneurship spirit in the people of Punjab, especially the young population.
Through the policy, the government of Punjab wants to promote private incubators and accelerators and facilitate funding mechanisms for entrepreneurs to nurture the startups.
The policy is framed to promote incubation centers by the government organization to build a robust startup ecosystem.
The government of Punjab is creating a common infrastructure in all the districts of Punjab. The infrastructure comprises the ready-to-use office spaces, research, and development testing laboratories, software, and hardware solutions; the Punjab government makes all these infrastructure changes to ensure a strong startup ecosystem.
The policy aims to promote sector-specific incubators and set up incubation centers in universities and other academic institutions of higher education.
The state government aims to give special attention to scheduling caste and women entrepreneurship to upgrade their socio-economic status through the policy.
Top business ideas in Punjab
Phulkari business
Phulkari’s work of Punjab is famous all around the world. Phulkari, in its literal sense, means flower work. Phulkari is a handmade embroidery on clothes, and it employs the women of Punjab particularly. By setting up a Phulkari business, you can employ the local women of Punjab, which means that you can find high-quality work with low payment. Phulkari business is a low investment business, and you can export your Phulkari products to the international markets to gain high profits.
Farm equipment lease
Not every farmer in Punjab can afford to have their farming equipment. So, setting up a Farm equipment lease business is a long-term profit-providing idea. To set up a farm equipment lease business, you need a lot of investment to buy modern technology, like tractors, threshers, sprayers, etc. Though this is a high investment business, it will help you make huge profits. You can lease your farming equipment hourly and maximize the return.
Seed store business
Usually, the producer sells the product to the customer, but what if I tell you that you can sell something to the producer. You can establish a seed store in Punjab, selling plant seeds, animal feed, fertilizers, and pesticides to the farmers. You can also link your store with online websites to expand your business. However, setting up a seed store needs considerable investment, but once it is established, it will make huge profits.
Dairy parlor business
Punjab is famous forits dairy products. Many customers love buying fresh milk, curd, and paneer. They prefer purchasing milk-related products from the local milkman rather than pasteurized packets. Especially the people of Punjab are way too health-conscious regarding dairy products. Lassi is the traditional drink of Punjab, and Punjabi people love milk and milk-related products. So, setting up a dairy farm in Punjab can make you earn huge profits. You can also sell your products online by establishing a website. If you don’t have enough milk or milk-related products to sell online, you can tie up with local milkmen to complete the demand.
Organic farming
Punjab has agricultural land where most farmers are engaged in agriculture and farming, mainly organic farming. Organic farming in Punjab is an excellent startup idea as you can directly send your organic vegetables and fruits to the market. The demand for organic vegetables and fruits is on the rise in the market. People nowadays do not mind paying extra money for organic products and food, so if you know about organic farming, setting up an organic grocery store and organic farming business is an excellent startup idea in Punjab. The organic farming startup is a low-investment and high-profit business. One can employ your land and sell theproducts to regional, national, and international markets. The only thing that is crucial and needs to be kept in mind is that one should avoid mediators or agents while selling their organic products as they consume a lot of commission. If you find growing and selling your organic products difficult, you can contact the small-scale farmers and sell organic products in partnership.
Salient Features of a Private Limited Company registered in Chandigarh, Punjab
Upper Ceiling for Members
The Companies Act 2013 provides that in order to incorporate a Private Limited Company there must be at least two members who shall subscribe their names to the MOA of the company, while the maximum number of members cannot go beyond 200.
Number of directors
Again, as per the Act 2013, it shall be compulsory for every Private Limited Company to have at least two directors out of which one should be a resident director i.e. who resides for at least 182 days in India in the previous year.
Body Corporate
A Private Limited Company is a body corporate having a separate legal status in the eyes of the law, which enjoys limited liability for its members, perpetual succession & separate property from its members. Limited Liability, which means that whenever the company is insolvent or facing losses, the members of the company shall not be liable to pay beyond their agreed amount of contribution.
Unique Name & Suffix‘
Every proposed Private Limited Company must have a unique name that signifies the object or nature of the business. Further, it shall be compulsory for every Private Limited Company to add the suffix ‘private limited’ after its name in every official letter and publication.
Index of members
Since the number of members in a Private Limited Company is limited, a Private Limited Company doesn’t necessarily need to maintain an index of its members as per the Act.
Eligibility Criteria for Private Limited Company Registration in Chandigarh, Punjab
i. Minimum amount of shareholders & directors- For the purpose of starting a private limited company, there must be at least two members who subscribe to the Memorandum of Association of the company and at least two directors on its board. There cannot be more than 200 members in a Private Limited Company.
ii. Resident Director- The another requirement to incorporate a Private Limited Company in India is out of the minimum of two directors in the company, there must be at least one director who is a resident of India in the previous financial year, which means that such director must have resided for at least 182 days during the immediately preceding year irrespective of their citizenship. Such a director shall be primarily responsible for managing applicable compliances on time.
iii. Registered Office Address- As per the Companies Act 2013, every company should have a registered office within a period of 30 days from the date of incorporation for all official communication purposes, for which a proof of address must be produced within such time to the MCA. Further, within a period of 30 days, the company needs to have a registered office address and proof of address must be submitted online.
iv. Legal Object- The proposed Private Limited Company shall only be incorporated for legal purposes and not with an aim to pose any threat or misuse or harm the society. The legal object of the proposed company should be expressed clearly in the object clause of the drafted Memorandum of Association (MOA) of the company.
v. DIN for all Directors- As provided under sections 153 and 154 of the Companies Act, 2013, it is compulsory for every individual who wishes to become a director to hold a unique Director Identification Number or DIN, which could either be made by filling form DIR-3 or along with the incorporation form SPICe+ with MCA.
vi. Digital Signature Certificate (DSC)- As the whole process of registration has been made completely online, the directors of the proposed company must verify the genuineness of the documents by signing them digitally. For this, they are required to acquire a Digital Signature Certificate from any government-approved certifying authority, a list of which is available on the MCA portal.
vii. Certificate of Compliance- Further, the proposed company shall also be required to submit a certificate of compliance from a professional such as a CA/CS/CMA, signifying that all the requirements related to incorporation have been genuinely fulfilled.
Benefits of incorporating a Private Limited Company in Chandigarh, Punjab
Limited Liability of Shareholders
Unlike a sole proprietorship firm or a partnership firm, a Private Limited Company offers the benefit of liability to its members. In simple words, the debts and assets of a company are separate from its members, thus in the event, the company goes through losses or debts, the personal assets of the members are protected from such debts and could only be responsible till their agreed amount of contribution.
Separate Legal Existence
A Private Limited Company enjoys a separate legal status that can hold its own assets or liabilities, enter into contracts or sue them, and even has perpetual existence that will continue to live despite any death or disability of its members.
Clear Distinction between Management and Ownership
In a Private Limited Company, there is a clear distinction between management & ownership of the company. Since the day-to-day affairs are handled by the management, the directors are responsible for its functioning, while the ownership of the business is vested in the shareholders which prevents clashes & promote growth.
Ease in Raising Funds
Holding a highly legally business structure, banks & financial institutions prefer to issue loans to Companies as they come with benefits such as ease in transfer of ownership & limited liability to its members. VC firms, angel investors, & HNIs consider it safer to invest in a private limited company than any other business entity.
Credibility
Companies incorporated with the Registrar of Companies (ROC) under the Companies Act 2013, are subject to periodical compliances and even submit a copy of financial statements & annual returns providing a clear picture of the affairs of the company.
Process of Private Limited Company Registration in Chandigarh, Punjab
Step 1-Apply & Obtain Digital Signature Certificate in Chandigarh, Punjab
As a first step, the applicant company needs to apply for a Class 3 category digital signature certificate from a government-recognized certifying authority, the list of the government-approved authorities provided in the portal of the Ministry of Corporate Affairs. Having a DSC is compulsory because it enables the applicant company to sign & e-verify its documents & attachments online.
Step 2-Application for the Allotment of the Director Identification Number in Chandigarh, Punjab
For the purposes of incorporation of a Private Limited Company in Chandigarh, Punjab, at least two directors must possess a DIN. A DIN could be applied in two ways-
i. File e-form DIR-3 for the allotment of DIN in Chandigarh, Punjab
For a director who wishes to become a director in an existing company can make an application for allotment of DIN in e-form DIR -3 from the MCA portal. The applicant director will be required to attach certain documents like proof of identification such as PAN, Aadhaar Card, etc, & proof of residence.
ii. Apply for DIN through the incorporation form SPICe+ in Chandigarh, Punjab
With the effect of a notification that arrived on 23.02.2020, in the case of a new Private Limited Company, DIN could be applied to up to three directors along with the incorporation form SPICe+ form.
Step 3-File & Submit the form for Incorporation on the MCA portal in Chandigarh, Punjab
Launched in the year 2020, the SPICe+ is a web-based integrated company incorporation form that has been launched as a result of joint efforts of 3 Central Govt Ministries & Departments. (Ministry of Corporate Affairs, Ministry of Labour & Department of Revenue in the Ministry of Finance) and One State Government (Maharashtra), with an intent to promote ‘Ease of Doing Business.
It comes in two parts –Part A & Part B, which offer 10 services thereby saving time, energy & costs and easing the process of registration.
Part A of the SPICe+ includes – Reservation of Unique Name (RUN) in Chandigarh, Punjab
Part A of the SPICe+ is the Reservation of the unique name for the proposed applicant name, which could be used for either the incorporation of a new company or for changing the name of an existing company. However, it is advised not to choose any name which is prohibited under the National Emblems Act 1950. Further, the applicant company needs to ensure that the chosen name doesn’t infringe the trademark of any existing company.
Once Part A is completed, the user has to choose the process further-
- Submit for name reservation by making payment of a fee;
- Proceed further to fill Part B or
- Cancel
Part B of the form contains-
- Application for DIN allotment;
- Application for PAN and TAN;
- Application for EPFO registration;
- Application for ESIC registration;
- Application for Professional tax registration (only for the state of Maharashtra);
- Application for allotment of GSTIN allotment;
- Application to open a business bank account
For filling all these above forms, the prescribed application forms have to be downloaded in a PDF format, filled, thoroughly checked and verified, and digitally signed before finally submitting the forms along with required documents & attachments.
The MCA has also relaxed the requirement related to payment of any fee for incorporation till the authorized capital up to Rs. 10Lakhs of authorized capital.
Step 4- Filling & Submission of MOA & AOA in Chandigarh, Punjab
Memorandum & Articles of Association (MOA & AOA) are the primary documents of the company aimed for the purpose of laying bye-rules & regulations of the proposed company in dealing with its external as well as internal matters in its day-to-day working. The format for MOA & AOA has been prescribed in the form e- MoA (INC-33) and e-AoA (INC-34) respectively. After putting digital signatures by the subscribers to the Memorandum and Articles of Association, they could be submitted to the portal for final submission.
Step 5-Approval & Obtaining a Certificate of Incorporation (COI) in Chandigarh, Punjab
After the verification of the application form, the approval authority will verify the documents & attachments and will grant the Certificate of incorporation which will be the ultimate evidence of approval of registration. The Certificate of Incorporation will be in pdf format with other certificates such as TAN, PAN & GSTIN certificates in the registered email address.
Documents Required for Private Limited Company Registration in Chandigarh, Punjab
Documents of prospective members & Directors
i. Copy of ID proof such as Aadhaar, PAN card, Driving License, etc.
ii. Proof of Residence- All the proposed members & directors shall be required to submit a copy of a valid proof of residence that could be any of the documents such as a Voter’s ID/ Passport, Driver’s license / Aadhaar Card. However, the details related to the name in the proof of residence & PAN should exactly be the same. If there is any mismatch in details, it should be corrected before submission to RoC
iii. Copy of utility Bills- Copy of utility bills to verify the address proof which may include documents such as the latest bank statement, telephone bill, mobile bill, electricity bill, gas bill, etc.
iv. Passport-sized photographs on white background with specimen signature (blank document with signature [directors only])
Documents of prospective Private Limited Company Registration in Chandigarh, Punjab
i. Proof of registered Address- Every Private Limited Company needs to submit identification proof for the registered address of the company during registration or within 30 days of its incorporation. In case the property is an owned property or purchased, a copy of the sale deed shall be required to be attached. On the other hand, if it’s rented, a copy of the rental agreement or lease deed should be submitted instead.
ii. In case the property is rented, a copy of NOC from the owner expressing no objection over the use of the property should be attached.
iii. Copy of the Utility bills of the registered office such as electricity or telephone bills. However, these Utility bills should not be older than more than 2 months.
Post Compliances after Incorporation in Chandigarh, Punjab
Once you successfully incorporate your private limited company in Chandigarh, Punjab, you need to be careful of the post-incorporation compliances, failing to fulfill which could lead to hefty penalties. Provided below are some of the key post incorporation that has been provided below-
i. Verification of the Registered Office Address- Every Private Limited Company must submit proof of registered office in e-form INC 22 within 30 days of the incorporation of the Private Limited Company. The e-form should be accompanied by all the required necessary documents & attachments.
ii. Certificate of Commencement of Business through INC 20 A- Next, the Private Limited Company must obtain a certificate of commencement of business by making an application by submitting within 180 days from the date of incorporation to the effect that each subscriber to the memorandum has consented to the share value taken by them.
iii. Appointment of First Auditor- Further, the Private Limited Company needs to appoint its first statutory auditor before the first Annual General Meeting of the Company, who will hold office till the sixth AGM until and unless he receives ratification or resignation concerning registration.
iv. Board Meetings- It shall be compulsory for every Private Limited Company to conduct at least two Board meetings in a financial year. It is also be noted that for every board meeting minutes should be prepared and maintained in the minute book of the Company. Further, the directors of a private limited shall attend the Board meetings.
v. Disclosure of Interest- It shall be compulsory for all the directors of the company to disclose any conflicting interest before the first Board Meeting of the company in e-form MBP-1.
vi. Annual Financial Statements- Finally, it shall be necessary for every Private Limited Company to file annual financial statements in the e-form AOC 4 every year within 30 days of the end of the Annual General Meeting.
Conclusion of Private Limited Company registration in Chandigarh, Punjab
Therefore, a Private Limited Company registered in Chandigarh, Punjab offers various benefits such as the benefit limited liability and perpetual succession procedural flexibility to its directors to manage their internal organization & manage their business efficiently. Further, the process of a Private Limited Company limited registration has been simplified under Ease of Doing Business which could be completed in four-five steps. Complete your process of private limited company registration & start your journey today!
