Overview of Private Limited Company registration in Mumbai, Maharashtra
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 Mumbai, Maharashtra 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 Mumbai, Maharashtra
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 Maharashtra
Maharashtra is a state located in the western peninsula region of India and occupies a substantial portion of the Deccan Plateau. It is India’s second-most populous state, formed on 1st May 1916 by splitting the bilingual Bombay state into Maharashtra and Gujarat. In total, Maharashtra is divided into six divisions and 36 districts, and Mumbai is the capital of Maharashtra. In terms of area, Maharashtra is the third-largest city, bordered by the Arabian Sea, Karnataka, Goa, Telangana, Chhattisgarh, Gujarat, and Madhya Pradesh, and the union territory of Dadar and Nagar Haveli & Daman and Diu.
Maharashtra consists of three international airports: Chhatrapati Shivaji Maharaj International Airport in Mumbai, Dr. Babasaheb Ambedkar International Airport in Nagpur, and Pune airport. Besides this, the state also has four UNESCO World Heritage Sites – Ajanta, Ellora, Elephanta Caves, and the Chhatrapati Shivaji Maharaj Terminus.
Mumbai is the commercial and financial capital of the state. Maharashtra is among the most industrialized states in India and plays a significant role in developing the country’s social and political life. The oldest city in Asia is also located in Mumbai. Maharashtra is the largest contributor to the national economy and is counted among India’s most developed states. Maharashtra holds the largest economy in India, and the service sector is the dominating sector of Maharashtra’s economy.
Capital- Mumbai
The startup ecosystem of Maharashtra
In 2018 the State Government of Maharashtra launched its startup policy called the ‘Maharashtra State Innovative Startup Policy’ to boost the entrepreneurship spirit in Maharashtra. The startup policy of Maharashtra aims to target economic growth and generate employment by encouraging entrepreneurs to design more job opportunities. The startup policy of Maharashtra focuses on biotechnology, artificial intelligence, clean energy, etc. The State Government of Maharashtra aims to build robust incubation and a seed funding mechanism to create a supportive startup ecosystem in the state. The objectives of the startup policy of Maharashtra are as follows: –
Through the startup policy, the state government wants to provide a platform to nurture the entrepreneurial aspiration among the citizen, especially the youth of Maharashtra.
The policy aims to empower startups to contribute significantly to the state’s economy and create employment opportunities for different sections of society.
By designing the startup policy, the government of Maharashtra visions to develop a strong infrastructure with the purpose of easing the regulatory framework to spur the development of the startup ecosystem.
Business ideas in Maharashtra
Maharashtra is counted among the hub of many best industries, and the state is known for its mouthwatering cuisine, beautiful beaches, hills, and rich culture. The financial capital of India, Mumbai, is also located in Maharashtra. Mumbai is a top contributor not only to the state economy but also to the Indian economy. Mumbai is called the ‘City of Dreams’ because many people come to Mumbai with the dream of getting several job opportunities. The state offers employment and job opportunities to a huge section of society. The startup ecosystem of Maharashtra is robust and supportive of the growth of small businesses. If you are thinking of starting a small business in Maharashtra, then below are some best Startup ideas in Maharashtra: –
Dance studio
People come to Mumbai, ‘the city of dreams,’ to get casted in movies. The entertainment industry of Mumbai is one of the top contributors to the state’s economy. The entertainment industry of Maharashtra, particularly Mumbai, consists of actors, dancers, musicians, directors, makeup artists, fashion designers, camera operators, and many more. Those who aspire to become an actor wants to learn dance. Opening a dance academy will be the best business option in Maharashtra if you have a dance background.
Mumbai is the hub of one of the top entertainment Industries called the ‘Bollywood Industry.’ A lot of people around the globe come to Mumbai with a motive to try their luck in the entertainment industry. You need a significant amount of money to open a dance academy in Maharashtra and hire professional and skilled dancers of different dance forms to teach students. Initially, this business will require a lot of effort and energy, but once it is established, it will help you make huge profits.
Textile business
Maharashtra is counted among the largest textile manufacturing states in the country, and cities like Solapur, Bhiwandi, and Malegaon are famous for textile mills. The state offers enormous opportunities to start a textile business. Maharashtra has excellent retail and wholesale textile markets and manufacturers, so it is easy as well as profitable to open a textile business in Maharashtra. For setting up a textile business, you will not require a lot of investment as it is a low-investment business.
Organic stores
The state is counted among the largest agricultural states in India. With growing consciousness towards health, the demand for organic fruits and vegetables is rising day by day. People are trying to change their eating habits and lifestyle and switch to a healthy and environment-friendly lifestyle. They are continuously searching for organic fruits and products and never mind spending some extra penny for organic products. So, setting up organic fruits and products business is a very good idea.
With an increase in the demand for organic fruits, vegetables, and products around the country, the scope of organic farming and related business is also expanding. If you belong from an agricultural background and have some knowledge of organic farming, then you should try your hands at the organic fruits, vegetables, and products business.
Fast food stalls
The Maharashtrian Street food is famous among domestic as well as foreign tourists. The most prominent street food of Maharashtra is vada pav. Besides vada pav, Maharashtra’s other famous street foods are misal pav poha and pav Bhaji. The fast-food business in Maharashtra will help you in yielding huge profits. Maharashtra, particularly Mumbai is full of crowds, so to start a fast-food business, you need to arrange adequate space near railway stations, markets, colleges, schools, etc., to attract the people to your food stall. You can also connect your fast-food business with online delivery companies like Swiggy and Zomato to expand your business. The fast-food stall is a low-investment business and can help you profit considerably.
Salient Features of a Private Limited Company registered in Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
Step 1-Apply & Obtain Digital Signature Certificate in Mumbai, Maharashtra
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 Mumbai, Maharashtra
For the purposes of incorporation of a Private Limited Company in Mumbai, Maharashtra, 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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
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 Mumbai, Maharashtra
Once you successfully incorporate your private limited company in Mumbai, Maharashtra, 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 Mumbai, Maharashtra
Therefore, a Private Limited Company registered in Mumbai, Maharashtra 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!
