If you wish to start a business in India, the first step is to register a company that meets the objective of your business. You must select the perfect business structure that can fulfill your needs. In India, the companies are registered under the Companies Act, 2013 and the application for registration has to be filed with the Registrar of Companies.
Many businesses are operating in India, but your startup's success will depend on the decisions you make during company incorporation. This will be based on the type of business structure you select, the process of registration you'll follow, and whether the regulatory compliances are properly followed.
Let's look at how the Process of Company Registration works and the requirements pertaining to the same.
Let us start by understanding the types of different business structures in India:
This type of business structure is perfect for small and medium-sized businesses. The operations of such companies are managed by the directors. Moreover, a private limited company can have a minimum of 2 and a maximum of 200 members. These companies are registered under the Companies Act, 2013, and there are certain restrictions on the transfer of shares in a private company.
According to the Companies Act of 2013, a public company must have a minimum of seven members and there is no limit on the maximum number of members. These companies are perfect for medium to large enterprises and the liability of members is generally limited to the extent of their unpaid amount.
The concept of OPC was developed in 2013. This is the only business structure that is registered under the Companies Act, 2013, and only requires one member. This business structure is ideal for companies that wish to raise money.
An LLP company is a distinct legal entity in which a partner's liability is restricted to the amount they have mutually agreed upon. LLP is also registered with the ROC but it is registered as per the provisions of Limited Liability Partnership Act, 2008. It is an ideal business structure for those who want a structure that incorporates features of both a partnership and a company.
A partnership firm is established with two or more people. The profit and loss of the firm will be divided among the partners in the said proportion as agreed between them. The Partnership Act of 1932 governs the partnership firm. It is perfect for small firms that have low investment and are managed by two or more people.
A single person is required to operate a sole proprietorship business. This is perfect for small business owners with less capital. The sole owner will have total control over the company and will be responsible for all profits and losses of his business.
Section 8 Companies are the non-profit organizations registered for charitable purposes. Their aim is not to make profits but to do charity and serve a particular section of society.
There are certain factors listed below that you need to consider and understand while selecting an ideal business structure for your business:
When selecting a business structure, look at the nature of your business. If your business is service-based, then you select a private limited, OPC, LLP, or sole proprietorship. But, if you are a startup and you wish to scale your business, then you can either select private limited or public limited based on scalability and where you wish to see your business in the coming years. Moreover, go for OPC or Sole proprietorship if your business is on a very small scale and you are a single member and director.
Then, if you provide professional services, go for LLP or partnership, and for charitable purposes, you can select the Section 8 companies.
You also need to think about the future growth of your company. Selecting a structure that allows for future growth is a good idea if you plan to allow outside investors in your company or raise money from the public. If you wish to raise money from the public in the future, then consider a public company, otherwise, you can also consider a private company if you want limited shareholders.
It will be a wise decision to choose a Sole Proprietor, HUF, or Partnership business if your beginning budget is less. On the other hand, you can choose a One-Person Company, LLP, or Private Limited Company if you are certain that you can bear the startup and compliance expenditures.
Businesses like a partnership, sole proprietorship, and HUF have unlimited liability, which means in case of default, you will be personally liable for paying the debts. So, be very mindful while selecting these structures. Whereas, LLP, Private company, and OPC have limited liabilities, where the members are only liable to the extent of their amount of shares.
There are many benefits of registering a company in India. A few of them are listed below:
It helps the business in growing and expanding in different regions.
Any business organization is required to submit the following documents for company registration:
The process of registering a company in India is very important to understand and needs to be done with utmost care while keeping all the regulations in mind. Let's understand the process of registering a company in India:
Applying for DSC is the very first step in the company registration online process as it is required to sign and verify all the company documents while guaranteeing security.
Getting a DIN is mandatory for all the directors of the company. There are two ways through which a person can obtain DIN. The people who are proposed to be the directors of the company, but not yet appointed, can apply for DIN by using the SPICE+ incorporation form. On the other hand, the appointed directors can simply apply through DIR-3.
Next, you will have to file an application for name approval of the company to the Ministry of Corporate Affairs. Once the name has been approved, you can initiate the registration process.
While submitting the registration application, you will include all the company details and attach the required documents. Based on the type of business structure you select, you will have to fill different for company incorporation.
After the relevant documents and application have been filed, the authorities will check and verify the application and if everything is found correct, you will be issued a certificate of incorporation.
The fees to register a company in India depends on the type of company:
Private Limited Company: Costs between Rs. 7,000 and Rs. 30,000. The final cost depends on things like the number of directors and members, the share capital, and professional fees.
One Person Company: Starts at Rs. 5,500. This includes both government fees (around Rs. 900) and professional fees (which can be from Rs. 5,000 to Rs. 15,000).
Public Limited Company: Costs Rs. 30,000.
Section 8 Company: Costs Rs. 20,000.
Foreign-Owned Company: Costs Rs. 30,000.
Limited Liability Partnership (LLP): Costs Rs. 10,000.
Partnership Firm: Costs Rs. 5,500.
The cost may also change based on the state where you register the company.
The experts at PSR Compliance are experts in the field of New Company Registration in Delhi, India. The major advantage is that we offer online company registration services. You do not have to rush to different places to get the registration done one time. We adhere to regulatory compliances and ensure the registration is completed on time. Our team assists you from name approval till the issue of certification. We also offer post-registration services to make sure that your company complies with the required regulations.
Company registration involves certain steps, such as obtaining DSC and DIN. Then, submitting the required documents and application to the MCA, and after that the certification of company incorporation is issued.
The cost of company registration varies depending on different factors, such as types of business structure, number of members and directors, capital contribution, etc. To know the exact cost, you can connect with the team of PSR Compliance.
Yes, even a single person can register a one-person company under the Companies Act, 2013. A sole proprietorship firm is also an option for anyone who wishes to be a single member of the company, but this business structure is not governed under the Companies Act, 2013.
The company registration process typically takes 10 to 15 days depending upon the time taken by MCA for checking the application and granting the certification.
GST registration will be required if your turnover exceeds 40 Lakhs in the case of goods and 20 Lakhs if you offer services to others.
Yes, you can convert a business structure into another if the law allows. For Example? you can convert a private limited company into a public company, but you cannot convert a sole proprietorship into a private company.
Apply for free company registration in India, visit the Ministry of Corporate Affairs (MCA) website, complete the online application form, provide necessary documents, and submit for verification.
To verify a company's registration status in India, visit the MCA website:
Go to the MCA website.
Click the MCA Services tab.
Choose "View Company/LLP Master Data."
Enter the company's name or CIN.
Click Submit.
Review the master data.
Click Print to download the report.
The CIN (Corporate Identification Number) is a unique 21 digit code given to companies in India. The number identifies each business, whether it's a sole proprietorship, private limited companies or corporation and helps track and manage them officially.