Form DPT-3: Due Date, Purpose, Return Date

Features of SAMRIDH Scheme

• The SAMRIDH scheme provides your startup which already has brilliant solutions and proof of concept for their product, better facilities to enhance the product using innovative technologies for the market with a solid business plan.
• The scheme provides a platform to enhance your products and secure investment for scaling your business.
• Once your startup gains traction, there is a gap in accessing the growth stage funding to scale up the operations,and the scheme is filling up this gap for startups.
• The scheme supports existing and upcoming Accelerators to select and accelerate potential IT-based startups to scale to solve India's problems and create positive social impact.

Eligibility for SAMRIDH Scheme

For Startups

• Must be recognized by DPIIT.
• Must be in the Early-growth stage.
• The product of the startup must be software-based.

For Accelerators

• Must have operations in India.
• Must have been in the business of incubation for more than three years and supported more than 50 startups.
• Must have the required infrastructure and targeted acceleration programs.

Application procedure for Startups

The application procedure primarily comprises the following steps:

• Visit https://meitystartuphub.in.
• On the homepage, click on “Register” under the Startup section.
• The registration page will appear. Fill in all the requisite details and click on the “Submit” button.
• Following registration, one can "log in" to the page for further access by filling in the username and password.

Benefits of SAMRIDH

• This scheme provides a platform for product development and business scaling in terms of investment.
• To provide customer connect, investor connect, and international connect services.
• Up to Rs 40 lakh will be provided to the startups according to their current valuation and growth stage through accelerators..
• Customized acceleration programs for startups and provided product and capacity enhancement services.

Post-Selection Process for SAMRIDH Scheme

The ​​MeitY SAMRIDH Scheme will be implemented through the MeitY Startup Hub (MSH). The selected Accelerator will be responsible for developing personalized acceleration programmes, and the budget for each startup is Rs. 2 lakh.

The services include- Co-learning, networking, expert diagnosis, and negotiation of investment funding from Angel Investors. A maximum of 10 businesses and a minimum of 5 startups working in the sphere of software products can be helped by a shortlisted accelerator.

MSH will take equity in startups for the government's contribution via Promissory/SAFE Note, the same as Accelerator, which will be utilized to sustain the program.The startup's exit may be executed by MSH or its appointed entity holding the company's equity, subject to approval from SMC. Biannual assessments of startups within the portfolio will be conducted, and the resulting reports will inform decisions regarding exiting from the startup.

Frequently Asked Questions

Eligibility Criteria for Private Limited Company Registration in India

1. Number of Directors

A private limited company must have at least two directors. The directors can be Indian citizens, and one of them must be a resident of India.

2. Shareholders

A minimum of two shareholders is required to register a private limited company. Shareholders can be individuals or corporate entities, with a maximum of 200 shareholders allowed.

3. Citizenship Requirements

While directors must be Indian citizens, shareholders can be from any nationality. The company must have at least one Indian director to ensure it meets the statutory requirements.

4. No Minimum Capital Requirement

Unlike earlier regulations that prescribed a minimum paid-up capital, the current rules under the Companies Act of 2013 do not mandate a minimum paid-up capital for private limited companies. Companies are free to decide on a capital structure according to their requirements.

Purpose of an Authorised Capital

Authorised capital is the financial ceiling within which a company can issue shares to its investors. It is the maximum amount of capital a company is permitted to raise by issuing shares, as stated in its Memorandum of Association (MOA). 

The private limited company;s authorised capital provides clarity on the company's financial structure, preventing any future confusion over the number of shares it can issue and the value it represents.

Salient Features of an Authorised Capital 

The defining features of authorised capital include:

• Fixed Limit: The company cannot issue shares beyond this limit without altering the MOA.
• Inflexibility: Authorised capital is typically set at the time of company registration and can only be changed by passing a special resolution and amending the MOA.
• Not Necessarily Paid: Authorised capital is not the actual amount received by the company; it’s simply the potential limit for share issuance.

Understanding authorised capital is essential because it affects how companies structure their finances and plan for future growth.

Pvt Ltd Company Registration CTA

Significance of Minimum Paid-Up Capital for Private Limited Company

The minimum paid-up capital plays a critical role in ensuring that the company has sufficient funds to carry out its initial operations and that it has a solid financial standing. While India no longer imposes a minimum requirement, the paid-up capital has important practical implications for a business.

• Debt Reliance vs. Equity Investment: A company’s paid-up capital affects how much debt it can take on and the level of equity investment it can seek from external investors.
• Growth Potential: A higher paid-up capital might signal stronger financial health, enabling better growth prospects, as it indicates the company has substantial backing.
• Market Health Indicator: Paid-up capital can serve as a reflection of market confidence and can influence the company’s ability to attract investments.
• Equity vs. Debt: While equity involves selling shares to raise capital, which gives shareholders ownership stakes and voting rights, debt involves borrowing funds which must be repaid with interest but does not dilute ownership.

Different Types of Capitals for Private Limited Companies

A private limited company can have different types of capital, including:

• Issued Capital: The total value of the shares issued to shareholders.
• Subscribed Capital: The portion of issued capital that shareholders agree to purchase.
• Called Up Capital: The portion of subscribed capital that the company demands from shareholders at a given time.
• Paid-up Capital: The amount shareholders have actually paid for their shares.
• Uncalled Capital: The part of subscribed capital that the company has not yet demanded.
• Reserve Capital: A portion of the company’s capital that is reserved for specific uses and cannot be called upon unless approved.
• Authorised Capital: The maximum capital a company is authorised to raise through the issuance of shares. It sets the upper limit for the company’s equity base.

Each of these capital categories plays a significant role in structuring a company's equity and determining its financial health.

Authorised Capital Differs from Paid-Up Capital

There is often confusion between authorised capital and paid-up capital. Here’s a detailed comparison of authorised capital vs. paid-up capital:

While authorised capital sets the upper limit, paid-up capital reflects the actual funds available for business use.

Various Sources of Paid-Up Capital for a Private Limited Company

Paid-up capital can be sourced from various methods:

• Par Value of the Shares: The nominal value assigned to each share, typically very low.
• Premium/Discount Value of the Stock: Shares may be issued at a premium (above the par value) or at a discount (below the par value).
• Premium Shares: Shares issued at a price higher than their par value, with the difference considered as premium capital.
• Discounted Shares: Shares issued below their par value, which may be used as an incentive for investment.

Each of these methods impacts the financial structure of the company and can influence investor interest and company growth.

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What is the Requirement of Minimum Paid Up Capital for a Private Limited Company?

Currently, the Companies Act of 2013 does not specify a minimum paid-up capital requirement for private limited companies. This change has provided greater flexibility for entrepreneurs to start businesses without the need to meet strict capital requirements. 

However, it remains crucial to set the minimum paid-up capital for private limited companies that reflects the company’s business model and operational needs.

Conclusion

In conclusion, while there is no mandatory minimum paid-up capital requirement for a private limited company in India, it remains a critical element of the company’s financial structure.

For entrepreneurs and startups, having a well-thought-out capital structure sends a strong signal to stakeholders, such as investors, banks, and potential business partners, about your financial stability and commitment. It demonstrates that your business has the resources to meet its obligations, handle unexpected challenges, and seize new opportunities. 

This is particularly important in building market credibility, attracting investors, and maintaining trust with suppliers and customers.

Frequently Asked Questions

What is a Private Limited Company?

A Private Limited Company is a business structure in India registered under the Companies Act, 2013. It is a separate legal entity from its owners, with its own rights and liabilities. Characteristics of private company include limited liability for shareholders, restrictions on share transfers, and a minimum of two members.

Under Section 2(68) of the Companies Act, 2013, a Private Limited Company is defined as a company that restricts the right to transfer its shares, limits the number of members to 200 (excluding employees), and prohibits any invitation to the public to subscribe for its securities.

Characteristics of a Private Limited Company

Characteristics of private companies make it a preferred business structure for growing startups and SMEs in India. A Private Limited Company has several distinct characteristics that define its structure, ownership, and operations. Features of a private limited company such as limited liability, perpetual succession, easier fundraising, and professional image help entrepreneurs scale their business while mitigating risks. Understanding these features of a private limited company is crucial for entrepreneurs considering this business model. These include:

Separate Legal Entity

A Private Limited Company is a separate legal entity from its shareholders. This means the company can enter into contracts, own assets, incur liabilities, and sue or be sued in its own name. The company's existence is independent of its members, providing continuity and perpetual succession.

Limited Liability of Members

One of the biggest advantages of a Private Limited Company is the limited liability protection it offers to its shareholders. The liability of members is limited to the amount of share capital they have subscribed to. Their personal assets are protected in case the company faces losses or legal issues. This reduces the financial risk for shareholders.

Minimum and Maximum Members

A Private Limited Company requires a minimum of two members and can have a maximum of 200 members (excluding employees). These members can be individuals, other companies, or foreign entities. Having multiple shareholders allows for pooling of resources and expertise.

Restriction on Share Transfer

Shares of a Private Limited Company cannot be freely transferred to the public. Any transfer of shares requires the approval of the company's Board of Directors. The right to transfer shares is restricted by the company's Articles of Association, and existing shareholders have the first right to purchase any shares offered for sale. This helps maintain control over ownership.

Minimum Capital Requirement

There is no minimum capital requirement for incorporating a Private Limited Company in India. This makes it easier for startups and small businesses to adopt this structure without significant upfront investment. However, the company's authorized and paid-up capital must be mentioned in its Memorandum of Association.

Perpetual Succession

A Private Limited Company has perpetual succession, which means its existence is not affected by the entry or exit of members. The company continues to operate even if all the original shareholders and directors change over time, providing stability and continuity for the business.

Use of "Private Limited" in Name

A Private Limited Company must use the words "Private Limited" or "Pvt Ltd" at the end of its name. This helps distinguish it from public limited companies and sole proprietorships. The name should not be identical or too similar to any existing company to avoid confusion.

Mandatory Registration

Incorporation of a Private Limited Company is mandatory and must be registered with the Registrar of Companies (ROC). The company comes into existence only upon registration and is given a Certificate of Incorporation. This is different from sole proprietorships and partnerships, which can operate without formal registration.

Statutory Compliance

Private Limited Companies are subject to various statutory compliances under the Companies Act, 2013. These include conducting board meetings, maintaining statutory registers and records, filing annual returns, and appointing auditors. Non-compliance can lead to penalties and legal consequences.

Documents Required to Register a Private Limited Company

1. Director Identification Number (DIN) for each proposed director

2. Digital Signature Certificate (DSC) for each proposed director

3. Proof of identity and address for directors and shareholders

4. Proof of registered office address

5. Memorandum of Association (MOA) and Articles of Association (AOA)

6. Consent letters from directors

7. PAN card of directors and shareholders

8. Passport-size photographs of directors

Process to Register Private Limited Company

Incorporating a Private Limited Company involves obtaining Director Identification Number (DIN), Digital Signature Certificate (DSC), and filing necessary documents required for pvt ltd registration. Seeking professional advice from legal and financial experts can help navigate the registration process smoothly. The process of registering a Private Limited Company involves the following steps:

1. Obtain Director Identification Number (DIN) for each proposed director: Directors must apply for a DIN through the SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) form. DIN can also be applied during incorporation.
2. Acquire Digital Signature Certificate (DSC) for each proposed director: All directors and shareholders must obtain a Class 3 Digital Signature Certificate (DSC). The DSC is used to sign forms electronically during the registration process.
3. Select and apply for a unique company name through the RUN (Reserve Unique Name) service: Use the RUN (Reserve Unique Name) service on the MCA portal to propose a unique company name. Ensure compliance with the Companies Act, 2013 and avoid prohibited or identical names.
4. Draft the Memorandum of Association (MOA) and Articles of Association (AOA): Draft key documents, including:

• Memorandum of Association (MoA) – Defines the company’s objectives.
• Articles of Association (AoA) – Details operational rules and regulations. Obtain affidavits, declarations, and consent from directors.

5. File the SPICe+ form along with required documents and payment of fees: Submit the SPICe+ form on the MCA portal with DSC. Attach MoA, AoA, and applications for PAN, TAN, and GST registration (if applicable). Pay the required fees and stamp duty online.
6. Obtain Certificate of Incorporation from ROC upon successful registration: Upon approval, the Certificate of Incorporation is issued by the Registrar of Companies (RoC). This includes the Company Identification Number (CIN), confirming legal status.

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Types of Private Limited Companies

Based on the liability of members, Private Limited Companies can be categorised into three types:

1. Company Limited by Shares: The liability of members is limited to the amount unpaid on their shares. This is the most common type of Private Limited Company.
2. Company Limited by Guarantee: The liability of members is limited to the amount they have agreed to contribute to the company's assets in the event of its winding up.
3. Unlimited Company: Members' liability is unlimited. They are liable for the company's debts and obligations.

Frequently Asked Questions: