Chartered Accountant
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A Partnership firm is a business entity created by persons who have agreed to share profits or loss of the business. Partnerships are a very good choice of business entity for small enterprises wherein two or more persons decides to contribute to a business and share the profits or losses.
Partnership Firm is the most suitable type of business structure as it is very easy to form, and a minimum of two people are required to form a Partnership Firm online. In a Partnership firm, there are very minimal compliances in comparison to other business entities.
In simplified language, we can say that partnership creates a relationship between two or more people who have agreed to carry on a business for profit, and these people are known as partners.
Partnership Firm Registration
To set-up, a Partnership Firm in India, partnership firm registration is not necessary however it is always advisable to register a partnership firm to avail the legal benefits which cannot be availed in case the partnership firm is not registered. Partnership Firm registration is the complete discretion of partners.
Features of Partnership Firm Registration
Consequences if the Partnership Firm is not registered
Documents for Partnership Firm Registration
One of the main advantages of a Partnership Firm is that there are very minimal requirements in terms of compliance. For instance, a Company or LLP requires the annual filing of its financial statements with the Registrar of Companies. Such documents filed with the MCA are also made public documents. On the other hand, registered/unregistered Partnership Firms are not required to file any annual returns, and the financial statements of a partnership firm would NOT be made publicly available. Also, the accounts of a registered / unregistered partnership firm are not required to be audited. Whereas, the accounts of a Limited Liability Partnership (LLP) are required to be audited by a practising Chartered Accountant when the turnover exceeds Rs.40 lakhs per annum or when capital contribution exceeds Rs. 25 lakhs.
Partnership firm does not provide its Partners with limited liability protection and does not have perpetual existence. Also, the interest of a Partner in a Partnership firm is not easily transferrable, and the ownership structure does not allow for investment from Angel Investors, Venture Capitalists or Private Equity Firms. Banks / Financial Institutions also prefer to lend to Companies than Partnership Firms as Companies are separate entities and the regulatory requirement for financial reporting of Companies – makes a company more transparent and structured.
Post Partnership Firm Registration Requirements
Once the Partnership Firm registration is completed, you have to take the necessary steps in order to make a strong place in the industry.
First, you have to open a bank account on the name of the partnership firm within 30 days of the partnership firm registration. For bank account opening you would have to submit PAN and other documents as required by the bank.
Intellectual property registration gives protection to the trademark and patent from infringement and duplication. With this, competitors cannot affect your brand and market value. The logo provides protection under the Trade Marks Act.
The growth of the firm depends upon standardized policies and procedures. The partnership firm shall set up policies and enter into certain agreements on the basis of its structure.
The next step is the printing of stationery such as billheads and letterheads, consisting of the name of the firm.
GST Registration is required for Business with annual turnover exceeds Rs. 40 Lakhs (Rs 20 Lakhs for Northeast states). GST registration is mandatory for particular businesses like Export-Import, E-commerce, and Market Place Aggregator.
Tax compliances for Partnership Firm Registered in India
It is mandatory for partnership firms in India to obtain Permanent Account Number and Tax Deduction Account Number from the Income Tax Department after Partnership Firm Registration.
Partnership Firm has to file a return of income irrespective of the revenue or loss. In the case of a partnership firm, the income tax rate on the total income will be 30% and surcharge on income tax.
Providing Solutions
We at SGA not only help our clients with opening and maintaining a registered firm for but also help them with their different statutory and legal compliances so that they will not have to go elsewhere for these works.
Section 2 (62) of Companies Act says a company with only one person as its member falls under the criteria of One Person Company or OPC. OPC is owned and managed by one person only. Moreover, all the members of the OPC are followers to its memorandum of association or its shareholders.
One Person Company is a brand-new concept which gives full authority over the company to the single promoter while limiting its liability or duties to contribute to the business.
There is no minimum capital required for OPC registration. However, the maximum Authorize capital of One Person Company shall not exceed Rs 50 lakhs at any point in time.
There is a limited liability related to One Person Company which means the liability on the Director is limited. The personal asset of the Director won’t be attached to the debt of the business. The property is safe.
The compliances under OPC registration are very less as compared to any other company. OPC registration process can be done with minimum paperwork.
The death or illness or incapacity of the director won’t disturb the ongoing process of the company as the nominee director will hold the rope to continue the business.
As an OPC needs to have its books audited annually, it has greater credibility among the vendors and the lending institution.
Now, when the company is registered with one person, then there is no chance of any legal disputes arises between the director or any other third party.
Apply for DSC
The proposed directors must obtain Digital Signature Certificate (DSC), which cannot be obtained without submitting the following documents:
Apply for DIN
Obtain the Director Identification Number (DIN) of the proposed Director. Provide the details like name and address proof of the proposed director in SPICe form. Now up to three directors can apply for the DIN within SPICe form.
Name Approval Application
Once you have applied for DSC and DIN, the next step is to process for name approval application. The name of the company will be available in the form of “ABC (OPC) Private Limited”.
There are two ways to get name approved: first is to make application in Form SPICe 32 or the second way is to use RUN Web service of MCA by providing one preferred name along with the reason of keeping it. Though, on March 23, 2018, Ministry has come to a decision to permit two proposed Names and one re-submission (RSUB) at the time of preserving Unique Names (RUN) for the companies.
Filling of forms with MCA
Attach all the documents to SPIce Form, SPICe-MOA and SPICE –AOA. Also, provide the DSC of the directors and the professional, and upload all the details to the MCA site for approval.
Once you have uploaded the file, you will receive Form 49A and 49B for the PAN and TAN which have to be uploaded to MCA after affixing the DSC of the proposed Director.
Issue of Certificate of Incorporation
Once your all documents are verified, the Registrar of Companies will issue a Certificate of Incorporation.
Mandatory Compliance for OPC Registration
Tax Compliance for One Person Company
Filling for Income Tax Returns is a mandatory thing for One Person Company.
TDS should be filed quarterly mentioning the TAN. If company has employees then deducting tax at source become necessary.
If OPC has more than ten employees then getting an ESI registration by law becomes necessary
As per the Income-tax law, an OPC is liable to pay 30% of its income to the taxation authority in the fiscal year.
SGA is looking forward at providing services to their prospective customers that are at par with the best industry practices with the help of our experienced professional who have immense experience of incorporating and running a company.
A Limited Liability Partnership is a separate legal entity from its partners having perpetual succession. LLP Registration is a corporate body, incorporated as per Limited Liability Partnership Act, 2008.
The basic premise behind the introduction of Limited Liability Partnership (LLP) is to provide a form of business entity that is simple to maintain while providing limited liability to the owners. Since, its introduction in 2010, LLPs have been well received with over one lakhs registration in India.
Element in LLP Registration Process:
For the Partners
Registered Office Proof
Penalties for LLP on Non-compliance
SGA delivers a service packages that meets the specific requirement of emerging entrepreneur or start ups so that they will not have to go here there with their requirements and at the adjusting their needs as per the services provided to them curtailing their needs.
Private Limited Company is the most popular corporate entity that is registered extensively in India. It is governed by the MCA (Ministry of Corporate Affairs) and regulated by the Companies Act, 2013 and the Companies Incorporation Rules, 2014.
Benefits of Private Limited Company
There are many benefits of getting a private limited company registration:
Process for Online Private Company Registration in India
Name Approval
The proposed name is applied and obtained from the Ministry of Corporate Affairs. Upto 2 names can be provided. In case of rejection of both names, an opportunity is provided for re-submission of the form with 2 more names.
Digital Signature
Digital signatures must be obtained for the proposed directors of the company. Digital signature is required for signing of the incorporation application. However, digital signature is not required for obtaining the name approval.
SPICe+ form application
On obtaining the digital signature, the incorporation application can be submitted in the SPICe form with the MCA. There is no requirement for obtaining the RUN name approval for submission of SPICe Form.
Company Incorporation
Company is incorporated along with the incorporation certificate, PAN and TAN within 2-3 business days.
Company current account
SGA has exclusive relationships with top Banks in India wherein we will open a zero-balance current account digitally through our platform. Based on your choice of Bank, we can forward the request digitally to the Bank for opening the company’s current account from the comfort of your home in any city or town in India.
Documents Required for Private Company Registration
Registered Office Proof:
Directors’ Proof:
Compliance related to Private Company:
All companies registered in India are required to maintain compliance under various regulations. Failure to maintain compliance can lead to penalty or disqualification of the directors.
Some of the important compliances for companies registered in India are given to the right. Please note that additional forms will also be applicable as per government notification.
Other than these mandatory compliances, there are others that need to be done depending on the company’s timeline.
30 days of Incorporation
The board of directors must appoint a practising Chartered Accountant within 30 days of incorporation.
180 days of Incorporation
The capital mentioned in the MOA [Memorandum of Association] must be deposited in a bank and commencement certificate must be obtained from MCA.
30th September
Companies registered in India must file income tax return each year in Form ITR-6.
31st October
Companies registered in India must file MCA annual return each year in forms AOC-4 and MGT-7.
30th April
The DIN KYC procedure must be completed each year for the directors of the company.
Providing Solutions
In today’s world start-ups are doing wonder with innovative ideas and their implementation. SGA not looks after start-ups just as a source of income but we try to deliver our best services to them and try to contribute in their journey of success. Because we believe in serving our clients in best possible manner and contribute towards their growth.
Section 2 (71) defines a public company under Companies Act 2013, as a company which is not a private company and has the minimum paid-up capital of Rs 5 Lakhs. A PLC is owned by the members which must be minimum 7 in number. Moreover, all the acts of members of the public entity are guided by the Memorandum of Association (MOA) and Articles of Association (AOA).
Advantages
Public Limited Company Registration
The Public Limited Company registration, first of all, requires a minimum composition of 7 members and 3 directors. However, the maximum number of directors can be 50, and the maximum number of members is unlimited for the registration of public limited company. The PLC also has limited liabilities for its members and has rights to issue its shares to the general public for raising the capital of the company. For the purpose of public ltd. company registration, the company which is a subsidiary of a public entity shall also be deemed to be public even where such subsidiary company continues to be a private company in its articles.
Process for Public Limited Company Registration
Filing form
Complete online form and submission of documents
After Submission of documents,you get DSC & DIN
12 Days
Details given by you will be verified & we assist you in
name approval
2-3 Days
We will prepare the necessary documents & file them
with ROC
21-23 Days
Incorporation of your company. We will post all the
documentsto you.
Documents Required for PLC Registration
It is necessary that all the documents pertaining to registration of a Public Limited Company are in order to avoid any legal complications later on.
Annual Compliances of a Public Limited Company
Annual compliances of a Public Limited Company differ for an unlisted Public Limited Company and listed Public Limited Company:
Compliances for an Unlisted PLC
Compliances for a Listed PLC
Providing Solutions
In the prevailing dynamic situation, it is quite imperative for a public limited company especially the start-ups to hire a firm which will look after their compliance with various corporate laws so that the can focus their valuable time and resources toward their growth and expansion extracting the best out of them. While leaving these kinds of works to professionals.
Indian Subsidiary Company Registration is governed and administered by the Companies Act, 2013. It defines a subsidiary as a company in which a foreign corporate body or parent company owns minimum 50% of the entire share capital. The parent company is the one wholly or partially having a control over a subsidiary company. Subsidiary companies must follow the laws of the country in which they are set up and running. Therefore, if the foreign subsidiary is incorporated in India, then it must follow the law in force in India.
Characteristics of Indian Subsidiary Companies
Advantages of Indian Subsidiary Registration in India
The FDI is allowed 100% for the increasing growth of several business industries in India without any prior approval. However, in the business of Proprietorship, Partnership and LLP require prior Government approval for FDI.
The liability of the members and the directors are strictly limited to their shares in the company. Therefore, no member or Director is responsible for any loss or financial distress if suffered by the company. The assets of personally held by Shareholders/Directors will not be at risk or not seized by any banks, creditors or government
The perpetual succession is continued existence of the company that means any changes in members such as death, bankruptcy, exit, transfer, etc. do not affect the existence of the company.
The expansion of the business is comparatively higher as it is easy to raise the capital from any financial institutions, venture capitalist, and the investor. It has all the advantages of the Private Ltd Company, which gives more transparency.
The wholly-owned subsidiary company in India can borrow funds in the form of loans from the financial institutions.
The Indian subsidiary company has the capacity to sue and can be sued. It has its own legal capacity being a legal person.
The foreign subsidiary company has an independent structure and hence, it is permitted them to buy properties in India.
Procedure of Indian Subsidiary Registration in India
Documents for Indian Subsidiary Registration
Foreign national residing in India
The following documents should be certified by Individual’s Embassy
Annual Compliances of Indian Subsidiary Company
Providing Solutions:
At SGA we believe in establishing and maintaining long term relationship with our clients. Hence, apart from providing one-time service for registration and etc. we will also be available for serving you with annual return filing and compliance services be it with company laws or allied laws so that you don’t need to hassle every year for the same task.
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