Company Incorporation India

The most suitable form of entity for carrying out business in India with a long term objective would be to form a Private Limited Company. It is considered as an artificial person or a legal entity. Company is the best form doing business in the long run as it has more stability and profitability as compared than other form of business organization.

For registration of the private company first one need to file an application to the Registrar of Company for getting approval of company’s name. After getting approval of company’s name; then need to file an application for registration where all the legal documentaries like memorandum of association and article of association need to submit with the Registrar of Companies. The process includes getting name approval of proposed company from Registrar of Companies (ROC). After name approval application for incorporation, Memorandum and Articles of Association and other necessary prescribed documents that need to be submitted with ROC, the ‘Memorandum of Association’ defining constitution and objects of company and ‘Articles of Association’ containing rules & regulations of company for management of its daily affairs. After examining documents, ROC issues Certificate of Incorporation.

Company Formation in India involves undertaking various steps with the Registrar of Companies (ROC) of the respective state. The steps for company formation in India is provided in brief below :

  1. Apply for Director Identification Number for each director.
  2. Apply for name approval of the Proposed Name
  3. Filing of relevant forms and documents and payment of ROC Fees and Stamp Duty.
  4. Obtain Certificate of Incorporation (COI).

Features of Private Company :

Limited LiabilitySeparate Legal EntityMeeting requirement
The “limited” means that the liability of the owners of the company is limited. Shareholder liability for the losses of the company is limited to their share contribution only. This is what makes it a separate legal entity from its shareholders. The business can be sued on its own and not involve its shareholders. The company does not belong to any person since one person can own only a part of it.A company is a person in law – a company is a “body corporate”. The law treats a limited company as if it was a separate person – like you or me. Through it’s directors, a limited company can thus make contracts to employ people, or to buy and sell goods. It can open a bank account, buy property, and generally performA Private Company shall hold a minimum number of four Meetings of its Board of Directors every year in such a manner that maximum gap between two Meetings should not be more than 120 (One hundred Twenty) days. Company should hold at least 1 (one) Board Meeting every quarter of calendar year. A private company is required to hold its first annual general meeting within nine months from the closure of financial year and subsequent AGM within six months of the closure of the financial year.
Regulatory requirementsStatutory AuditConcept Director Identification Number
Companies are required to file Balance Sheet, Profit & Loss Account along with Directors Report & Auditors Report and Annual Return, separately, with the Registrar of Companies, in each calendar year with prescribed forms. All these forms are required to be certified by a practicing Chartered Accountant or a practicing Company Secretary.Companies are required to get the Balance Sheet & Profit & Loss account audited by the Statutory Auditor of the Company. Only a chartered accountant in practice can be appointed as the statutory auditor.Directors for an Indian company, both Indian and foreigners, must register and get and identification number under the new requirements. It is called Director Identification Number- DIN. PAN is mandatory for acquiring DIN.

Company Registration Process :

Step 1 :Step 2 :Step 3 :Step 4 :
Apply for Director Identification Number and Digital Signature Certificate for proposed director.Apply for name approval Form to reserve the proposed name of the Company.Filing of relevant forms and documents and payment of ROC Fees and Stamp Duty.Obtain Certificate of Incorporation (COI) from the Registrar of the Companies(ROC).

Limited Liability Partnership is an entity which has the both the features of Partnership and as well as benefits of Private Limited Company. Every LLP shall have at least two natural or juristic partners and shall also have at least two individuals as Designated Partners, of whom at least one shall be resident in India. Atleast two persons shall be designated partners having DIPN. In case of body corporate as partners, their nominee can be act as designated partners. Out of two designated partners, one must be resident in India. (Who has stayed in India for a period of not less than one hundred and eighty two days during the immediately preceding financial year). The liability of the partners in a LLP is limited to the extent of their agreed contribution in the LLP which may be of tangible or intangible nature or both tangible and intangible in nature.

Partner/Designated partner of LLP/proposed LLP, whose signatures are to be affixed on the e-forms has to obtain class 2 or class 3 Digital Signature Certificate (DSC) from any authorized certifying agency; Reserve a name for the LLP on the website; After the reservation of the name, Form-2 for “Incorporation Document and Statement” has to be filed; Form 3 (Information with regard to LLP agreement and changes, if any made therein) and Form-4 (Notice of Appointment of Partner/Designate Partner, his consent etc.) may be filed with the prescribed fee simultaneously at the time of filing Form-2 or within 30 days of the date of incorporation or within 30 days of such subsequent changes.

Company Formation in India involves undertaking various steps with the Registrar of Companies (ROC) of the respective state. The steps for company formation in India is provided in brief below :

  1. Apply for Director Identification Number for each director.
  2. Apply for name approval of the Proposed Name
  3. Filing of relevant forms and documents and payment ROC Fees and Stamp Duty.
  4. Obtain Certificate of Incorporation (COI).
FeaturesHow we can help you

  • Corporate recognition.
  • Limited liability.
  • Partner’s Transferable Interest.
  • Conversion into Limited Liability Partnership
  • Immediate transfer of all assets and liabilities.
  • The mutual rights between the partners are governed by LLP agreement.
  • Indian Partnership Act, 1932 shall not apply to LLP.

Ezeestartup team can help you to in startup of partnership business which may be :

  • Drafting the partnership deed
  • Registration of partnership deed
  • PAN/TAN Registration
  • Service Tax Registration
  • Sales Tax (VAT) Registration
  • Import Export Code (IeC)
  • Trademark Registration
  • Excise Registration
  • EPF/ESI Registration

Company Registration Process :

Step 1 :Step 2 :Step 3 :Step 4 :
First step for incorporating LLP is to register DSC for all partners to apply for Designated Partner Identification Number (DPIN).Second step is filing of Form-1 to the Registrar of Companies for name availability to acquire the name of the proposed Entity.After the name availability is confirm by the ROC other relevant documents need to be file with ROC (Registrar of Companies).After getting the all filings and verification has done the ROC (Registrar of Companies) issues the Certificate of incorporation.

The Individual entrepreneurs Carrying on business as proprietorship firm will now be able to avail the benefits of limited liability without a second person to form a company as per the Companies Act, 2013. With the new Companies Act 2013, the government has introduced the Concept of One Person Company i.e Knows as OPC Company in India. Only a natural person, who is an Indian citizen and resident in India, shall be eligible to incorporate a One Person Company. Explanation: The term “Resident in India” means a person who has stayed in India for a period of not less than 182 days during the immediately preceding one calendar year.

The Shareholder shall nominate another person who shall become the shareholders in case of death/incapacity of the original shareholder. Such nominee shall give his/her consent and such consent for being appointed as the Nominee for the sole Shareholder. Only a natural person, who is an Indian citizen and resident in India shall be a nominee for the sole member of a One Person Company. Company Formation in India Company Formation in India involves undertaking various steps with the Registrar of Companies (ROC) of the respective state. The steps for company formation in India is provided in brief below: In case the paid up share capital of an OPC exceeds fifty lakh rupees or its average annual turnover exceeds during the relevant period exceeds two crore rupees, then the OPC has to mandatorily convert into private or public company.

FeaturesHow we can help you

  • Only one shareholder.
  • One Nominee.
  • Corporate recognition.
  • Limited liability.
  • Reduced tax burden.
  • Easy to borrow/raise capital.

Ezeestartup team can help you to in startup of private limited business which may be :

  • Incorporation of OPC.
  • PAN/TAN Registration
  • Service Tax Registration
  • Sales Tax (VAT) Registration
  • Import Export Code (IEC)
  • Trademark Registration
  • Excise Registration
  • EPF/ESI Registration

Company Registration Process :

Step 1 :Step 2 :Step 3 :Step 4 :
We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.

Partnership business is easier to establish, startup cost is low and it is ideal for the small entrepreneur(s) wants to start partnership business and are generally not willing to raise funds through open market. It does not involve many of the complex filing requirements associated with other types of business structures. Forming a partnership is one solution to overcoming certain disadvantages associated with running a business as a sole trader. A partnership is a way of sharing the problems, risk, hard work and the association which will always be a part of trying to manage all aspects of a business you own.

Due to more number of members/partners, the firm will have larger resources for operations in comparison to sole proprietorship business and consequently will have better management. Risk sharing is to be borne by each partner individually although will have unlimited liability as any of the partner can be held liable of others wrong doing. Personal assets of the partner(s) can also be attached for recovery of debts, losses or pending dues. Partnership firm does not enjoy the legal status like in case of corporation, which can raise funds through stock market etc. it is beneficial for small and closely held businesses.

FeaturesHow we can help you

  • Easy to establish.
  • Flexibility.
  • Risk sharing.
  • Non corporate recognition.
  • Personal liability towards dues/losses.
  • Difficult to raise funds.
  • Can’t file suit for recovery of dues, if unregistered.

Ezeestartup team can help you to in startup of partnership business which may be :

  • Drafting the partnership deed
  • Registration of partnership deed
  • PAN/TAN Registration
  • Service Tax Registration
  • Sales Tax (VAT) Registration
  • Import Export Code (IeC)
  • Trademark Registration
  • Excise Registration
  • EPF/ESI Registration

Company Registration Process :

Step 1 :Step 2 :Step 3 :Step 4 :
We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.

Proprietorship is the simplest way of doing business and it is ideal for the small entrepreneur. It does not involve many of the complex filing requirements associated with other types of business structures. On the other hand this type of business can be riskier as it does not have separate legal entity like in other corporations. Here the owner remains personally responsible for any wrong doing or losses or debts. His personal assets can also be attached for recovery of losses or dues as there is no separation between owner and the business. Once you have decided to open sole proprietorship business, then choose the name of your sole proprietorship firm. Ensure that the name should relate your nature of business and also does not resemble or infringe on any trademark, copyright or patented name or word.

Open the bank account of your sole proprietorship business with the proposed business name. You would require few documents for opening of bank account such as PAN Card, proof of identity and proof of residence, business licenses, office address proof etc. Business licenses would also be required to open the current account with bank, which will depend upon the nature of business, if you are a service provider then you need Service Tax Registration, similarly if you are seller, then you would require Delhi Sales Tax Registration (DVAT) and same Excise Registration, Customs, Import-Export Code (IeC) etc. In sole proprietorship business, owner is not required to file a separate tax return. This business will be taxed at the rates applied to personal income, not on the corporate tax rates.

The business does not continue if the owner becomes deceased or incapacitated, since they are treated as one and the same. Upon the owner’s death, the business is liquidated and becomes part of the owner’s personal estate, to be distributed to beneficiaries. Since the initial funds or capital are usually provided by the owner, it can be difficult to generate capital. Sole proprietorships do not issue shares or other money-generating instruments like other corporations do. Although above are some basic and important points to keep in mind while deciding the type of business to enter into. It depends on the nature of business, which set up is best to meet the requirements. You may also get in touch with our Corp assistant for detailed consultation.

FeaturesHow we can help you

  • Low setup cost.
  • Simplest way of doing business.
  • Sole decision maker.
  • Non corporate recognition.
  • Best for small entrepreneurs.
  • Personal liability towards dues/losses.
  • Difficult to raise funds.

Ezeestartup team can help you to in startup of Sole Proprietorship business by registering the required business licenses in 7-10 days once the complete documents will be provided. Which may be :

  • Service Tax Registration
  • Sales Tax (DVAT) Registration
  • Import Export Code (IeC)
  • Trademark Registration
  • TAN Registration
  • Excise Registration
  • EPF/ESI Registration

Company Registration Process :

Step 1 :Step 2 :Step 3 :Step 4 :
We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.We know that an entrepreneur needs to focus on the business, however, compliances can prove to be tripping lines, if not taken care of properly. We take care of all of your compliances and let you focus on your business, which we know is closest to your heart.

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