In India, setting up a business requires proper registration with the relevant authorities. The process of registration depends on the type of company that the entrepreneur wants to establish. There are several types of company registrations available in India. This article will explore the different types of company registration available in India, including the procedures involved.
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Sole Proprietorship
A sole proprietorship is the simplest form of business ownership, where an individual starts and runs the business. The owner has complete control over the business, and all the profits and losses belong to them. In this type of company, the owner is solely responsible for any debts or liabilities incurred by the business.
To register as a sole proprietorship, the owner must apply for a GST (Goods and Service Tax) registration, open a current account in the name of the business, and obtain any necessary licenses or permits required to operate the business.
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Partnership
A partnership is a form of business where two or more people come together to start and operate a business. The partners share the profits and losses of the business, and each partner is responsible for any debts or liabilities incurred by the partnership.
To register as a partnership, the partners must draft and sign a partnership deed. The partnership deed outlines the rights, duties, and responsibilities of each partner and the terms of the partnership. The partnership deed must be registered with the Registrar of Firms, and a PAN (Permanent Account Number) and a GST registration must be obtained.
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Limited Liability Partnership (LLP)
An LLP is a form of partnership where the partners have limited liability. This means that the partners’ personal assets are not at risk if the business incurs any debts or liabilities. LLPs are governed by the Limited Liability Partnership Act, 2008.
To register as an LLP, the partners must apply for an LLP registration with the Ministry of Corporate Affairs (MCA). The LLP agreement must be drafted, and a PAN and a GST registration must be obtained.
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Private Limited Company
A private limited company is a separate legal entity from its owners. It has a separate legal identity, and the owners’ personal assets are not at risk if the company incurs any debts or liabilities. A private limited company can have a maximum of 200 shareholders.
To register as a private limited company, the owners must apply for a company name approval, obtain a Digital Signature Certificate (DSC), apply for Director Identification Number (DIN) for the directors, draft and file the Memorandum of Association (MOA) and Articles of Association (AOA) with the Registrar of Companies (ROC), obtain a PAN and a GST registration, and apply for a company registration with the ROC.
Read About the Process of Private Limited company Registration.
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Public Limited Company
A public limited company is a separate legal entity from its owners, just like a private limited company. However, a public limited company can have more than 200 shareholders, and its shares can be traded on the stock exchange.
To register as a public limited company, the owners must follow the same process as a private limited company, but they must also obtain a Certificate of Commencement of Business from the ROC.
Conclusion:
The process of company registration in India can be complex, and it is essential to choose the right type of company registration based on the business’s needs and goals. Sole proprietorship and partnership are relatively easy to set up, while LLP, private limited, and public limited companies require more formalities and documentation. It is recommended to seek professional help from a lawyer or a chartered accountant while registering a company to ensure compliance with all legal requirements.
