Private Limited Company Rules

Rules of PVT LTD are made to run and manage PVT LTD in a systematic manner. In which Every Private Limited Company required in getting their accounts audited as per Companies Rules 2014. These rules are connected with the Companies Act 2013.

Company Incorporation Rules 2014[1] contains the procedure to handle all the legal activity of the company, for example, it contains rules for incorporation process, to alter anything in a company, Manage the Company, etc.

Rules Applicable at the Time of Incorporation of a Private Limited Company

Private Limited Company incorporation process[2] starts with the Digital Signature Certificate, which is mandatory to sign e-forms for incorporation, etc.

Following is the procedure of Incorporating a Private Limited Company

  1. Directors Identification Number
  2. Name Reservation
  3. Incorporation of Private Limited Company
  • Affidavit and Form INC-9
  • Form INC-8
  • Form DIR-12
  • MOA & AOA[3]
  1. Certificate of Incorporation
  2. Registered Office Address

1. Directors Identification Number

Directors Identification Number is mandatory to become a Director of the company. DIN number is a unique code which can be generated by PAN card and Address proof of the Applicant. 

Company Rules 2006[4] contains the rules regarding DIN.

2. Application for  Name Reservation

Application for Name Reservation shall be made in Form INC.1 and while applying for name, applicant must select some unique name which should not be similar to any existing company or LLP or Registered Brand.

Rule 9 of Companies Incorporation Rules 2014[1] applicable on Name Reservation and application.

3. Incorporation of Private Limited Company

In case of incorporation of the company, There are many rules which has to be combined in order to complied with all the rules for company incorporation.

Rule 10 & 12 of Companies Incorporation Rules 2014[1] is applicable on the Incorporation Form. There are many attachments which are required in the incorporation form and many rules which has to be complied with under Rule 10 & 12. Following are the requirements:-

  • Affidavit & INC 9

    Affidavit and INC 9 are required from the director as well as shareholder of the company. Which states the consent of the director and shareholder of the company.
    Rule 15 of Companies Incorporation Rules 2014[1] is applicable for the  Affidavit and INC 9
  • Form INC 8

    Form INC 8 is required from the attorney who is registering the company. In the form, Attorney verifies the authenticity of the party to the government.
    Rule 14 of Companies Incorporation Rules 2014[1] is applicable for INC 8.
  • Form DIR 12

     Form DIR 12 is required to submit all the information of the directors of the company. This is the main form which shows the proper information of the directors at the time of incorporation. 
    Rule 17 of Companies Incorporation Rules 2014[1] is applicable for DIR 12.
  • MOA & AOA

    Memorandum of Association(MOA) and Articles of Association(AOA) are the main documents of  the company, which contains all the rules and regulations.  Shareholding of the company,  Governing power of the company. Everything is  written under MOA & AOA.
    Rule 13 of Companies Incorporation Rules 2014[1] is applicable for MOA & AOA

4. Certificate of Incorporation

Certificate of Incorporation is the certificate which contains the CIN number of the company.  CIN number is Corporate Identification Number, which shows that the company is registered under Companies Act 2013 and CIN number represents the registration number.  

Rule 14 of Companies Incorporation Rules 2014[1]is applicable for Certificate of Incorporation

5. Registered Office Address

For setting up the registered office address INC 22 form is required which has to be filed within 30   days after the incorporation process.

Rule 25 of Companies Incorporation Rules 2014[1]is applicable for the Registered Office Address.

References                                                                

  1. Company Incorporation Rules 2014 - Ministry of Corporate Affairs
  2. Private Limited Company Incorporation Procedure - Quickcompany.in
  3. MOA & AOA - QuickCompany.in
  4. Company Rules 2006 - Ministry of Corporate Affairs

Click here to know the Process for Registering a Private Limited Company

 
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