What is a Letter of Undertaking (LUT): Meaning, Process, Format

Private Limited Company Examples

Here are some examples of private limited companies in India

• Google India Pvt. Ltd. A subsidiary of Google LLC
• Amazon Retail India Private Limited: An online shopping platform
• Microsoft Corporation (India) Private Limited: An information technology company with its registered office in Delhi.

Types of Private Limited Company

There are three types of Pvt. Ltd. Company registration, and entrepreneurs can choose the one that best suits the needs of their business.

1. Company Limited by Shares

• Ownership: The ownership of the company is divided into shares.
• Liability: The liability of the shareholders is limited to the amount of shares they have subscribed to.
• Capital Structure: The company raises capital by issuing shares to shareholders.
• Common Use: This is the most common type of company, suitable for businesses of all sizes.

2. Company Limited by Guarantee

• Ownership: Ownership is not based on shares but on membership.
• Liability: The liability of the members is limited to the amount they guarantee to contribute to the company in the event of winding up.
• Capital Structure: The company doesn’t raise capital through shares but relies on donations, grants, or membership fees.
• Common Use: Often used for non-profit organizations, clubs, or societies.

3. Unlimited Company

• Ownership: The ownership structure can vary.
• Liability: The liability of the members is unlimited, meaning their personal assets can be used to settle the company’s debts.
• Capital Structure: The company can raise capital through various means, including issuing shares.
• Common Use: This type of company is less common and is usually used for specific purposes, such as family businesses or holding companies.

Characteristics of a Private Limited Company

Following are some of the main advantages of a private limited company:

1. Members

The act mandates that a minimum of two shareholders are required to start such a company, while the limit for maximum number of members is fixed at 200.

2. Directors

The Act specifies the number of directors in a private limited company, requiring a minimum of two directors, while allowing a maximum of up to 15 directors.

3. Limited Liability Structure

In a private limited company, the liability of each member or shareholder is limited. Therefore, even in the case of loss under any circumstances, the shareholders are liable to sell their assets for repayment. However, the personal and individual assets of the shareholders are not at risk.

4. Separate Legal Entity

This is a separate legal entity and continues in perpetual succession. This means that even if all the members die, or the company becomes insolvent or bankrupt, the company still exists in the eyes of the law. The life of the company will be perpetual, not affected by the lives of its shareholders or members unless dissolved by way of resolution.

5. Minimum Paid-Up Capital

A private limited company is required to have and maintain a minimum paid-up capital of ₹1 lakh. It could go higher, as prescribed by MCA from time to time.

Requirements to Start a Private Limited Company

Every business type has its own set of requirements before it is incorporated.

The requirements for registering this are as stated below:

1. Members and Directors

As mentioned above, to get itself legally registered, a private limited company means it must show a minimum number of two and a maximum number of 200 members. This is a statutory requirement as mandated by the Companies Act 2013.

The directors should meet the following conditions:

• Each of the directors should have a 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 the previous calendar year.

2. Name of the Company

Choosing the name of the company is often a technical task. A private limited company is required to cover three aspects while deciding a name for itself:

1. Main name
2. Activity to be carried out
3. Mention of ‘Private Limited Company’ at the end.

Pro tip: It is not always necessary that the name the business owner is looking for will be available, as no two companies can have the same name. Therefore, it is a requirement that at the time of registration, every company has to send 5-6 names for approval to the Registrar of Company (ROC). Moreover, the submitted names should not have a close resemblance with any other company’s name.

3. Registered Office Address

After the company has been registered, the permanent address of its registered office must be filed with the registrar of the company. The registered office of the company is where the company’s main affairs are being conducted and where all the documents are placed.

4. Obtaining Other Documents

For electronic submission of documents, every company must obtain a digital signature certificate that is used to verify the authenticity of the documents. Moreover, in a company employing professionals (secretaries, chartered accountants, cost accountants, etc.) for varied activities, certifications by these professionals are necessary.

List of Documents Required for Private Limited Company

The documents required to incorporate a Pvt Ltd company include:

1. Identity Proof

Document verifying the identity of individuals such as PAN card and passport of Indian and foreign directors, respectively.

2. Address Proof

Document confirming the residential address of individuals such as utility bills or rental agreements.

3. Director Identification Number (DIN)

Unique identification number allotted to directors by the Ministry of Corporate Affairs.

4. Digital Signature Certificate (DSC)

Electronic signature ensuring the authenticity of documents filed electronically.

5. Memorandum of Association (MoA)

Legal document defining the company’s objectives and scope of operations.

6. Articles of Association (AoA)

Document outlining the rules and regulations governing the internal management of the company.

7. Declaration by Directors and Subscribers

Formal statement by directors and subscribers confirming compliance with legal requirements for company incorporation.

8. No Objection Certificate (NOC) from the landlord

Consent from the landlord permitting the use of premises as the company’s registered office.

9. Shareholding Pattern of the Proposed Company

Overview of the distribution of shares among shareholders in the company.

10. Proof of Registered Office Address

Documentation confirming the address where the company is registered and operates from.

How to Register Pvt Ltd Company? A Step-by-Step Guide

To register a private limited company in India the following steps are mandatory:

STEP 1: Choose a Unique Name for Your Business

• Choose a unique name that reflects your business’s identity and vision and is not in use by another company or trademarked by someone else.
• You can check for name availability on the Ministry of Corporate Affairs (MCA) official company registration website or the relevant regulatory authority in your state or union territory.

STEP 2: Obtain Digital Signatures from Authorised Agency

• Obtain Digital Signature Certificates (DSC) for your company’s proposed directors and shareholders from any authorised agency or vendor registered with the MCA or the Certifying Authority (CA) under the Information Technology Act, 2000.
• Digital signatures are essential for filing online documents with government authorities and verifying your identity and authenticity.

STEP 3: Obtain Director Identification Number (DIN) from MCA Portal

• Apply for a Director Identification Number (DIN) online through the MCA portal by filling out the form DIR-3 and uploading the required documents, such as identity proof, address proof, and photographs for each of the directors of your company.
• The MCA assigns a unique identification number to every individual who intends to be a company director.

STEP 4: Prepare Memorandum and Articles of Association

• The MOA is a document that defines your company’s main objectives, scope, and activities whereas AOA lays down the rules and regulations for the management and administration of your company.
• You can prepare the MOA and AOA online through the MCA portal by using the SPICe+ form and the templates provided by the MCA.

STEP 5: Get Consent and Declarations

• The directors must consent to act as directors by filling out the form DIR-2 and attaching their DSC.
• The shareholders must provide their declarations of compliance with the Companies Act, 2013 and the rules made thereunder by filling out the form INC-9 and attaching their DSC.

STEP 6: Apply for Company Name Approval

• Submit the name approval application with the required documents to the Registrar of Companies (RoC) of the state or union territory where your company will be registered.
• You can apply for name approval online through the MCA portal using the SPICe+ form and paying the prescribed fees.

STEP 7: File Incorporation Documents

• You can file the incorporation documents for LLC online through the MCA portal using the SPICe+ form and pay the prescribed fees.
• You need to attach documents, including the MOA, AOA and a few more, like AGILE-PRO, INC-14, 1NC-15, etc., along with the SPICe+ form.

STEP 8: Pay Registration Fees

• The registration fees vary depending on the amount of authorised share capital and the state or union territory where your company is registered.
• You can pay the fees online through the MCA portal using the SPICe+ form and the payment gateway.

STEP 9: Verification and Approval

• The RoC will carefully assess the documents, and if they meet all requirements, they will issue the Certificate of Incorporation which can be downloaded from the MCA portal.
• It is a legal document that confirms the existence and registration of your company.

STEP 10: Obtain PAN and TAN

• Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) online through the MCA portal using the AGILE-PRO form and the payment gateway.
• PAN is a 10-digit alphanumeric code used to identify your company for tax purposes.
• TAN is a 10-digit code used to deduct and collect tax at source from payments made by your company.

STEP 11: Open a Bank Account in a Company’s Name

• Open a bank account in your company’s name and deposit the minimum capital required. The minimum capital for a pvt. ltd. company is ₹1 lakh.

STEP 12: Obtain Business Licenses

Licencing and permit requirements can differ depending on the nature of your business.

You may need to obtain them from various authorities, such as:

• Trade licence from Municipal Corporation or Panchayat
• Environmental clearance from the Pollution Control Board
• Industrial licence from the Department of Industrial Policy and Promotion (DIPP)
• Quality certification from the Bureau of Indian Standards (BIS)
• Trademark, patent, or design registration from the Intellectual Property Office (IPO)

STEP 13: Register Your Business Under GST

• Register for GST and comply with other tax obligations. You must register for GST if your annual turnover exceeds ₹40 lakh (₹20 lakh for special category states).

STEP 14: Commence Business Operations

• After diligently completing the above procedure, your Private Limited Company is ready to commence its operations.

Read More About: How to register a Private Limited Company online in India?

What Are the Registration Costs for a Private Limited (Pvt Ltd) Company?

The registration charges for a Private Ltd. Company depend on share capital, number of directors, stamp duty of the state where you want to register the company and other fees.

What Is the Registration Timeline for a Private Limited Company?

The answer is not very simple, as it depends on various factors such as the availability of the company name, the documents required, and the workload of the government authorities. Therefore, the overall timeline for registering a private limited company in India can take around 12-18 days, depending on the time taken to complete each step and the workload of the government office processing the application.

Advantages of Private Limited Companies

1. Limited liability

In a private limited company, there is a limited liability, which means the company’s members are not at risk of losing their private assets. If a company fails, the shareholders are liable to sell their assets for payment.

2. Less number of shareholders

Unlike a public company that requires seven shareholders, a private limited company can be started with just two shareholders.

3. Ownership

As the company’s shares are owned by investors, founders, and management, the owners are at the liberty of transferring and selling their shares to others

4. Uninterrupted existence

As mentioned earlier, the company stays a legal entity until it is legally shut down, the company runs even after the death or departure of any member.

Disadvantages of Private Limited Companies

Now that you know what is Pvt Ltd company, its benefits, and how to register a company in India, let’s understand the disadvantages.

One of the disadvantages it gets with Pvt limited company is the compliance formalities for shutting it down. It often ends up getting too complicated and time-consuming.

FAQs

FSSAI Registration

FSSAI Registration is the basic license issued to small-scale food businesses by the state food safety authorities. It applies primarily to small food business operators (FBOs) whose turnover falls below a certain threshold and who operate within a single state.

This registration is essential to legally operate a food business and ensures compliance with food safety norms. However, for larger businesses or those operating across multiple states, an upgraded license (State or Central License) is required.

Food Business Operators Who Need FSSAI Registration?

The following food businesses typically require FSSAI Registration:

• Small Manufacturers: Small-scale producers of food items with limited turnover.
  
• Transporters: Entities involved in the transportation of food within the state.
  Retailers: Small shops, grocery stores, or vendors selling food products directly to consumers.
  
• Small Food Businesses: Street food vendors, hawkers, or home-based food businesses.
  
• Medium Food Businesses: Hotels, Restaurants & Bars
  

Types of FSSAI Registration

Beyond legal compliance, filing ITR offers several advantages:

Benefits of Obtaining an FSSAI Food License

Obtaining an FSSAI license offers multiple advantages:

• Consumer Trust: Shows commitment to food safety, increasing customer confidence.
  
• Legal Compliance: Avoids penalties and legal issues by following regulations.
  
• Business Expansion: Facilitates scaling operations across states and international markets.
  
• Brand Credibility: Enhances brand image by adhering to recognised safety standards.
  
• Access to New Markets: Many retailers and e-commerce platforms require FSSAI certification.
  

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FSSAI Registration Eligibility

Below is the eligibility criteria for FSSAI registration:

• Annual turnover up to ₹12 lakhs.
  
• Operates only within a single state.
  
• Includes small-scale manufacturers, traders, retailers, hawkers, and temporary stall owners.
  

FSSAI License Eligibility

Businesses requiring State or Central Licenses typically fulfil these conditions:

• Annual turnover between ₹12 lakhs and ₹20 Crores (State License).
  
• Annual turnover exceeding ₹20 crores (Central License).
  
• Operations across multiple states or involved in import/export.
  
• Large-scale food processors and manufacturers.
  

Food Capacity Limit Required for Obtaining FSSAI Registration

Note: These limits may vary based on specific food categories and local regulations.

Documents Required for Obtaining the FSSAI Registration/License

Common documents needed include:

• Identity Proof (Aadhar, PAN Card)
  
• Address Proof of Business Premises (Rent Agreement/Utility Bill)
  
• Passport-sized Photographs of the Applicant
  
• Certificate of Incorporation (for companies)
  
• Food Safety Management Plan or Statement of Food Products
  
• NOC from the local municipality or health department
  
• Proof of possession of premises (ownership or lease)
  

How to Apply for FSSAI Registration Online?

Applying for an FSSAI Registration or License online is a straightforward process — and the best part is, you can do it all from the comfort of your home or office.

Step 1: Visit the Official FSSAI Website

Head over to the official Food Safety Compliance System (FoSCoS) portal: https://foodlicensing.fssai.gov.in

Step 2: Create an Account

Click on “Sign Up” and fill in your details like name, mobile number, email ID, and state of operation. Once registered, you’ll receive login credentials via email or phone.

Step 3: Fill in the Application Form

After logging in, choose the appropriate license type based on your business size and turnover (Basic, State, or Central). Then, fill in the required details such as:

• Business name and address
  
• Type of food business (manufacturer, distributor, caterer, etc.)
  
• Contact information
  
• Business turnover and food handling capacity
  

Step 4: Upload Required Documents

Upload scanned copies of all the necessary documents.

Step 5: Pay the Application Fee

Once the form is complete and documents are uploaded, proceed to pay the applicable fee online. The amount depends on the license type and duration selected (1–5 years).

Step 6: Submit the Application

Double-check all details before clicking “Submit”. Once submitted, you’ll receive an application reference number which you can use to track your status.

Step 7: Track Your Application Status

Use the “Track Application” feature on the dashboard to monitor progress. You’ll receive notifications if additional info or documents are required.

Once submitted, your application will be reviewed by the local food safety officer. They may conduct a physical inspection (for licenses) or approve the application directly (for Basic Registrations). Upon approval, you’ll receive your FSSAI certificate online.

FSSAI License Cost & Validity

Costs may vary based on license duration and type.

FSSAI Registration Status

How to Check Status:

1. Visit the FSSAI portal.
   
2. Log in using registered credentials.
   
3. Navigate to the “Application Status” section.
   
4. Enter your Application/Registration number.
   
5. View the current status (Pending, Approved, Rejected).
   

FSSAI Penalty and Offences

The Food Safety and Standards Authority of India (FSSAI) takes food safety very seriously — and rightly so. Non-compliance can lead to hefty penalties, legal action, or even imprisonment, depending on the nature and severity of the offense.

Here’s a breakdown of common offences under the Food Safety and Standards Act, 2006, and their corresponding penalties:

Renewal of FSSAI License

Renew your license at least 30 days before it expires. The process is similar to applying for a fresh — just log in, fill out renewal forms, upload updated documents, and pay the fees. Missing renewal deadlines can lead to fines or even suspension of your license.

FSSAI License for Cloud Kitchen

Cloud kitchens, operating without a physical dine-in space, are also required to obtain FSSAI licenses. Typically, they fall under:

• Basic Registration: If turnover and scale are small.
  State License: For larger cloud kitchens with higher turnover.
  

The application process is the same, focusing on food safety management specific to cloud kitchens.

Conclusion

FSSAI registration and licensing are essential for any food business in India. They help keep your customers safe, build your brand, and keep you on the right side of the law.

So, if you're running any kind of food business, be it a small catering outfit, a packaged snack brand, or an export-oriented manufacturing unit, FSSAI must be part of your growth strategy. It’s a small step toward compliance, ensuring that you’re meeting the highest standards of food safety and hygiene.

Frequently Asked Questions

Limited Liability Partnership (LLP)

An LLP is a hybrid business structure that combines the benefits of a company (limited liability) with the flexibility of a partnership. Some key features include:

• Minimum two partners required
• Liability of partners is limited to their contribution
• No minimum capital requirement
• Fewer compliance requirements than a company
• Separate legal identity from its partners

One Person Company (OPC)

Introduced under the Companies Act, 2013, an OPC allows a single individual to operate a corporate entity. It offers:

• Limited liability
• Separate legal identity
• Easier fundraising compared to a sole proprietorship
• Greater credibility in business dealings

However, OPCs face limitations like:

• Restrictions on fundraising
• Mandatory conversion if turnover exceeds ₹2 crore or capital exceeds ₹50 lakh
• Cannot have more than one member

Conversion of OPC to LLP

OPC conversion to LLP is governed by the Companies Act, 2013 and the Limited Liability Partnership Act, 2008. While direct provisions for OPC-to-LLP conversion are not explicitly provided, companies (including OPCs) can be converted into LLPs under Section 366 of the Companies Act and the Second Schedule of the LLP Act.

Understanding the Legal Provisions for Conversion of OPC to LLP

The legal path for converting an OPC to an LLP involves:

• Section 366 of the Companies Act, 2013 (deals with companies being converted into LLPs)
• Second Schedule of the LLP Act, 2008 (provides the procedure for such conversions)
• Form FiLLiP and Form 18 under the LLP Rules, 2009

Note: Prior approval from the Registrar of Companies (ROC) is mandatory.

Related Read: ROC Compliance Calendar for 2025–2026

Eligibility Conditions and Compliance Steps for Conversion

To be eligible for conversion:

• Before conversion, the OPC must have at least two shareholders (LLPs require a minimum of two partners).
• No active defaults in filing annual returns, income tax, or other statutory dues.
• All secured creditors (if any) must give their consent.
• The company should not have applied for winding up or struck-off status.

Compliance steps include:

1. Holding a Board Meeting and passing a resolution for conversion
2. Increasing the number of members/directors to meet LLP requirements
3. Obtaining name approval through RUN–LLP or FiLLiP form
4. Filing Form FiLLiP and Form 18 with ROC
5. Executing an LLP Agreement within 30 days of incorporation

Looking to switch from OPC to LLP? Get professional help for a smooth and compliant business conversion with Razorpay Rize's LLP Registration Service.

Documents Furnished along with Form 18

Form 18 is the declaration for conversion and must be supported with:

• Board resolution for conversion
• Consent of all shareholders
• Statement of assets and liabilities certified by a CA
• List of creditors and their consent
• Latest income tax return acknowledgement
• Copy of PAN card and Aadhaar of all proposed partners
• Address proof of the registered office of the LLP
• NOC from the property owner (if rented office)

Procedure for Conversion of OPC to LLP

Here’s a step-by-step breakdown:

1. Board Resolution: Approve the conversion plan and authorise directors to file the necessary forms.
   
   
2. Increase Number of Members: Since an LLP requires at least two partners, the OPC must first induct another shareholder.
   
   
3. DIN & DSC: Ensure all partners have a Director Identification Number (DIN) and Digital Signature Certificate (DSC).
   
   
4. Name Approval: Apply for name reservation using RUN–LLP or through FiLLiP.
   
   
5. Form FiLLiP Filing: File FiLLiP with ROC for incorporating the LLP.
   
   
6. Attach Form 18: While filing FiLLiP, attach Form 18 with the required documents.
   
   
7. Certificate of Incorporation: On approval, the ROC will issue a Certificate of Incorporation for the LLP.
   
   
8. Execute LLP Agreement: Draft and file the LLP Agreement within 30 days.
   
   
9. Apply for PAN, TAN & GST: Update statutory registrations with new LLP details.
   
   
10. Close OPC Bank Account & Update Records: Close existing bank accounts of OPC and update stakeholders.

Frequently Asked Questions (FAQs)