Company registration for Real estate company

Company registration for Real estate Company

Real estate sector in India is second highest employment generator after agriculture sector and third largest sector in terms of FDI inflow. Further the real estate market aims to touch 65000 crores by the end of 2024-25. According to a recent report by Colliers India, private equity investments in Indian real estate have reached US$ 2.9 billion in the first half of 2021, which was a more than 2 time increase from the first half in 2020.

Government of India plan to build 100 smart cities under The Smart City Project and aiming to build around 20 million affordance houses under the ambitious Pradhan Mantri Awas Yojana (PMAY) scheme of the Union Ministry of Housing and Urban Affairs, which creates a prime opportunity for real estate companies in India.

Further The Securities and Exchange Board of India (SEBI) has approved creation of Real Estate Investment Trust (REIT) platform, which will increase the fund flow in the real estate market of India. It may create an opportunity worth Rs. 1.25 trillion (US$ 19.65 billion) in the Indian market.

Minuimum Requirements for Company registration for Real estate Company

Minimum 2 shareholders
One of the Directors must be Indian Resident
DSC(Digital Signature Certificate) for two directors

Minimum 2 Directors
No Minimum Authorised Share Captial

The directors and the shareholders can be same person
DIN(Director Identification number) for 2 Directors

Documents Required for Private Limited Company Registration

From Directors

Copy of PAN (in case of resident); OR PAN Declaration (in case of Non Resident)
Copy of Passport (in case of non-resident);
Declaration in Form INC-9 for First Directors*
Copy of proof of identity(Voters ID/Driving License/Passport);
Copy of residential proof (Bank Statement/Telephone Bill/ Mobile Bill/ Gas Bill not older than 2 months);
Consent to act as directors*;
Disclosure of interest in other entities*;

From Company

Copy of Sale deed/ Property Deed (in case of owned property) or Lease Deed (in case of rented premises);
Copy of Telephone or Mobile/Electricity or Gas Bill of registered office (Any one, not older than 2 months) ;
No-objection Certificate from the owner of the premises for its use as registered office*;
Memorandum and Articles of Association*

From Subscribers

Copy of PAN (in case of resident);
Copy of Passport (in case of non-resident);
Copy of proof of identity (Voter\'s ID/Driving License/Passport);
Copy of residential proof (Bank Statement/ Telephone Bill/ Mobile Bill/Gas Bill not older than 2 months);

Note 1: In case of foreign directors/subscribers, all the aforesaid documents should be notarized and apostilled or consularized. In case documents are not in english, translated copy in english should be notarized and apostiled or consularized. please read the attestation requirements of documents below in FAQs

Note 2: *Draft will be provided by our team

Note 3: Following additional documents will be required in case the subscriber of the company to be incorporated is another company: â€¢ Copy of resolution passed by the subscriber company; â€¢ Certificate of Incorporation of the Subscriber Company.

Advantages of a Private Limited Company Formation

Separate Legal entity

As a juristic legal person, both the company and its members have separate legal identity that is distinct from each other.

Perpetual Succession

A company existence is uninterrupted, even the death or insolvency of shareholder(s)/ directors cannot affect the continuity of business of the company.

Limited Liability

The liability of members of a private limited company is limited to the amount of share capital remaining unpaid on the shares held by them.

Easy transferability of ownership

The ownership in a private limited company is easily transferable by way of transfer of shares from one member to another subject to the restriction that the total number of members of a private limited company cannot exceed 200.

FDI Allowed

In Private Limited Comapny, 100% Foreign Direct Investment is allowed that means any foreign entity or foregin person can directly invest in a Private Limited Company.

Builds Cerdibility

The particulars of the company are the available on a public database. Which improves the cerdibility of the company as it makes it easy to authenticate the details.

Select A Package	BASIC	STANDARD	PREMIUM
Government Fee	According to State	According to State	According to State
Professional Fee	Rs.4,999/-	Rs. 9,999/-	Rs. 29,999/-
1 Name Approval 2 DSC, 2 DIN, Authorised Capital upto Rs. 100,000/-, MOA, AOA, CIN, PAN, TAN, ESIC & EPF, Bank Account Opening, Certificate of Incorporation (COI)	Included	Included	Included
2 e-Copies of Share Certificates	Included	Included	Included
GST Registration	Included	Included	Included
DIR 3 e-KYC of 2 Directors	Rs. 2,500/-	Included	Included
INC-20A Filing	Rs. 1500/-	Included	Included
MSME Registration	Rs. 2,000/-	Included	Included
Trademark Application for Individual and MSMEs (1 CLASS)	Rs. 7,500/-	Rs. 7,500/-	Included
Appointment of 1st Auditor (For 1^st Financial Year)	Rs. 5,000/-	Rs. 5,000/-	Included
ROC Annual Filling Package Form ADT 1 (Auditor Appointment in AGM) Form AOC -4 (Form for filing financial statement and other documents with the Registrar) Form MGT -7 (Form for filing annual return by a company)	Rs. 10,000/-	Rs. 10,000/-	Included
1st Income Tax filing upto turnover of Rs. 50 Lakhs	Rs. 3000/-	Rs. 3000/-	Included
	4,999/-	9,999/	29,999/

Frequently Asked Questions

What is the Minimum and Maximum strength required to
incorporate a private limited company?

For setting up a private limited company, minimum of 2 and maximum of 200 shareholders are required. In addition, minimum of 2 and maximum of 15 directors can be appointed by any private limited company. There is no restriction on a Member of a Private Limited Company to be a Director of the same company or asvice versa.
Do I have to be present in person to incorporate a Private
company?

No, you are not required to be present at our office or appear at any office for the incorporation of a Private Limited Company. All the documents can be scanned and sent through email and the original hard copy can be couriered to our office.
How long is the incorporation of the company valid for?

Once a Company is incorporated, it will be active and in-existence until you liquidate it either by striking-off or winding up.
Which sectors are prohibited by Government for foreign
investment?
Investment by person resident outside India is prohibited in certain sectors namely:
1. Lottery business including Government/ private lottery, online lotteries;
2. Gambling and betting including casinos;
3. Chit funds (except for investment made by NRIs and OCIs on a non- repatriation basis);
4. Nidhi company;
5. Trading in Transferable Development Rights (TDRs);
6. Real Estate Business or Construction of Farm Houses;
7. Manufacturing of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes. The prohibition is on manufacturing of the products mentioned and foreign investment in other activities relating to these products including wholesale cash and carry, retail trading etc. will be governed by the sectoral restrictions laid down in Regulation 16 of FEMA 20(R);
8. Activities/ sectors not open to private investment viz. atomic energy and railway operations;
9. Foreign technology collaboration in any form including licensing for franchise, trademark, brand name, management contract is also prohibited for Lottery business and Gambling and betting activities
Who all can be appointed as a Director of the private limited
company?

The minor shall not be appointed as director of the company. He needs to be over 18 years of age and must be a natural person. Foreign nationals are also eligible to be a director in an Indian Private Limited Company provided that at least one of the director shall be resident of India.
Whether an office is required for starting a private limited
company?

Yes, the office can be commercial / industrial / residential which is capable of receiving and acknowledging all communications and notices as may be addressed to it is required which can be shown as the registered office of the Company.

What do I need to quickly incorporate my company?

To incorporate a Company quickly, make sure the proposed name of the Company is very unique. Names that are similar to an existing company / limited liability partnership / trademark can be rejected and additional time will be required for re-submission of names.
What is Director Identification Number (DIN)?

DIN is a unique identification number assigned to all existing and proposed Directors of a Company. Before a person gets appointed as a Director, he must obtain a valid DIN. DIN never expires and a person can possess only one DIN.
Is it mandatory to obtain PAN of the company?

Permanent Account Number (PAN) is a ten-digit alphanumeric number, issued by Income Tax Department of India as a proof of identification for tax purposes. It is required for obtaining Digital Signature Certificate, opening bank account, various statutory registrations, to pay taxes and filing tax returns and many other transactions as prescribed by government time to time. It is mandatory for a company incorporated in India to obtain PAN.
What is a Digital Signature Certificate?

A Digital Signature Certificate (DSC) establishes the identity of the signee electronically while filing documents. The Ministry of Corporate Affairs (MCA) mandates that e-form(s) submitted on MCA portal are digitally signed using DSC.
Is it mandatory to obtain EPFO and ESIC registration of the company?

Yes. It is mandatory for all the new companies incorporated w.e.f 23^rd February, 2020 to obtain EPFO and ESIC registration.
Is opening of bank account mandatory for all the companies?

Yes. All the new companies are required to apply for opening the company’s bank account through the Form AGILE PRO.
Is Registration for Professional Tax is mandatory all over India?

No. Registration for Professional Tax is mandatory only in respect of new companies incorporated in the State of Maharashtra w.e.f 23^rd February 2020.

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