Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Private Limited Company Registration in Lucknow
Incorporating a private limited company, with the constitutional documents and the agreements it will trade on.
Business Registration
What this covers
A private limited company is a separate legal person under the Companies Act, 2013. It contracts in its own name, holds its own property and continues irrespective of changes among its members, and the liability of members is limited in the way the Act provides. It is the form usually chosen where outside investment is contemplated, because shares can be issued and transferred in a way that participation in a firm cannot.
The cost of that is compliance. A company has continuing obligations — registers, resolutions, annual filings, board and general meetings — and they do not pause because the business is small. The other point that is frequently underestimated is that incorporation is the beginning of the documentation, not the end of it: the shareholders' understanding, the terms on which directors act and the agreements the company will use with customers and staff all still have to be written.
Scope of assistance
What this work involves, and what it does not
Different parts of a matter of this kind are different kinds of work. This is how they divide.
- Legal advisoryAdvice on the legal position, the options open and the consequences of each.
- Document draftingPreparation and review of the agreements, deeds and written replies the matter requires.
- Registration assistanceAssembling the application and its supporting documents, filing it with the authority and answering queries raised on it.
- Coordination with other professionalsWhere a matter requires audit, or a certificate or filing that only a specified professional may sign, it is coordinated with a chartered accountant or company secretary.
Nothing on this page is an offer to audit accounts or to issue any certificate that only a chartered accountant or company secretary may issue. No professional designation is claimed for anyone at the firm beyond enrolment as an advocate, and no undertaking is given that any particular person will certify, audit or appear in a given matter.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
-
Founders raising or expecting investment
Shares have to be capable of being issued and transferred.
-
Businesses wanting a separate legal entity
Liability and continuity matter more than the lighter compliance of a firm.
-
Existing businesses restructuring
A proprietorship or firm is being moved into a company.
-
Companies already incorporated
The constitutional documents and internal records need attention.
Scope
Assistance available
- Advice on whether a company is the appropriate form, against an LLP and a firm
- Assistance with name approval and the incorporation application
- Drafting or reviewing the memorandum and articles of association to fit the business
- Advice on the statutory registers, resolutions and records the company must maintain
- Shareholders' and founders' arrangements, and the agreements the company will trade on
- Coordination with a chartered accountant or company secretary where a filing requires certification
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
-
Step 01
Choosing the form
Company against LLP and firm, on investment, liability, compliance and how participants will enter and leave.
-
Step 02
Preparing to incorporate
Digital signatures and director identification, name selection, registered office particulars and the capital structure.
-
Step 03
Incorporation
The application is filed with the constitutional documents, and any query answered. Filings requiring professional certification are coordinated.
-
Step 04
Constituting the company properly
First board meeting, statutory registers opened, and the resolutions that authorise the company to operate.
-
Step 05
Documenting the business
Shareholders' arrangements, employment documentation and the commercial agreements the company will use.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- Permanent account number, identity and address proof and photographs of every proposed director and subscriber
- Digital signature certificates and director identification particulars
- Proof of the registered office address, with the owner's consent where it is not owned
- Proposed names in order of preference, with the business activity described
- The proposed capital structure and shareholding
- Details of any existing business being moved into the company
Cautions
Common mistakes
- Adopting standard articles without reading themThe articles govern how the company is run, including on transfer of shares and on board control. Standard-form articles frequently do not reflect what the founders assume.
- Ignoring compliance because the company is smallAnnual filings, registers and resolutions apply regardless of scale, and the consequences of neglecting them accumulate.
- No shareholders' arrangementWhere the founders' understanding is unwritten, a disagreement about control or exit has nothing to be resolved against.
- A registered office that cannot be evidencedAddress proof and consent must be in order; the registered office is where communications are validly served.
- Mixing personal and company fundsIt undermines the separation that the form exists to create and complicates every question that follows.
See also
Related legal and tax services
Reading
Related Guides
General information notes on this area. They are not legal advice.
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
The Act prescribes minimums for members and directors, and there are also forms designed for a single person. Which is appropriate depends on what you are trying to achieve, and the current requirement is confirmed before filing.
Continuing obligations including statutory registers, board and general meetings, resolutions and annual filings. They apply irrespective of turnover, which is the main reason a company is not automatically the right choice for every small business.
The articles are the company's constitution and bind it; a shareholders' agreement records the understanding between the participants. For a company with more than one founder, having both, and making sure they are consistent, is usually sensible.
The subscribers and proposed directors sign, and certain forms additionally require certification by a practising professional of a specified description. Where that applies it is coordinated with a chartered accountant or company secretary.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
Last reviewed: