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As part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has deployed an integrated Web Form for incorporating your new company.
PVT or OPC or LLP ?
The Companies Act, 1956 broadly classifies the companies into private and public companies and provides for regulatory environment on the basis of such classification. On the basis of number of members you can select one person company or a private company.
LLP is an alternative corporate business form that gives the benefits of limited liability of a company and the flexibility of a partnership.
Navigating through the entire process of incorporation of company can be overwhelming if you are new. Make sure to look at our beginners guide to help you each step of the way.
𝐖𝐡𝐚𝐭 𝐢𝐬 𝐭𝐡𝐞 𝐦𝐚𝐣𝐨𝐫 𝐝𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐜𝐞 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐏𝐕𝐓 / 𝐎𝐏𝐂 𝐚𝐧𝐝 𝐋𝐋𝐏 ? PVT is ideal for entrepreneurs who will seek enternal funding. OPC is ideal if you wish to have 100% control. LLP is ideal for service related businesses where you wish to limit your liability. There are 2 directors in PVT, 2 partners in LLP and 1 director and 1 nominee in OPC. Lower tax rates may be applicabe to you as per Section 115BA , 115BAA, 115BAB of Income Tax Act, 1961 is you choose PVT or OPC. However LLP does not have such provisions.
𝐇𝐨𝐰 𝐦𝐚𝐧𝐲 𝐩𝐞𝐨𝐩𝐥𝐞 𝐚𝐫𝐞 𝐢𝐧𝐯𝐨𝐥𝐯𝐞𝐝 𝐢𝐧 𝐢𝐧𝐜𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐢𝐨𝐧 𝐩𝐫𝐨𝐜𝐞𝐬𝐬 ? Atleast two people are required for incorporation of a PVT or LLP. If you are incorporating a PVT or LLP, both the people will be directors / partners in the PVT / LLP. In case of OPC, the second person will be the nominee. Additionally, Digital Signature Agent will provide the (pen-drive based) digital sginature for signing the forms digitally. A Chartered Accountant or Company Secretary will certify the forms.
𝐖𝐢𝐭𝐡𝐢𝐧 𝐡𝐨𝐰 𝐦𝐚𝐧𝐲 𝐝𝐚𝐲𝐬 𝐜𝐚𝐧 𝐦𝐲 𝐜𝐨𝐦𝐩𝐚𝐧𝐲 𝐛𝐞 𝐢𝐧𝐜𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞𝐝 ? Your company can be incorporated within 15 working days if all documents are in order.
𝐖𝐡𝐚𝐭 𝐚𝐫𝐞 𝐭𝐡𝐞 𝐝𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐬 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐝 𝐟𝐨𝐫 𝐜𝐨𝐦𝐩𝐚𝐧𝐲 𝐢𝐧𝐜𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐢𝐨𝐧 ? Before starting the process of incorporation of your company we request you to keep below documents self-attested and digitally handy. 𝑭𝒐𝒓 𝑰𝒅𝒆𝒏𝒕𝒊𝒕𝒚 𝒐𝒇 𝑫𝒊𝒓𝒆𝒄𝒕𝒐𝒓 / 𝑷𝒂𝒓𝒕𝒏𝒆𝒓𝒔 > PAN Card > Aadhaar Card > Passport > Voter's ID Card. > Latest bank statement > Passport sized photograph. 𝑭𝒐𝒓 𝑨𝒅𝒅𝒓𝒆𝒔𝒔 𝒐𝒇 𝒕𝒉𝒆 𝑪𝒐𝒎𝒑𝒂𝒏𝒚 > Rent agreement > Sale deed > NOC from property owner with self-attested copy of utility bill and PAN card.
𝐂𝐚𝐧 𝐈 𝐫𝐞𝐠𝐢𝐬𝐭𝐞𝐫 𝐭𝐡𝐞 𝐜𝐨𝐦𝐩𝐚𝐧𝐲 𝐚𝐭 𝐦𝐲 𝐡𝐨𝐦𝐞 𝐚𝐝𝐝𝐫𝐞𝐬𝐬 ? Yes. You can register the company at your home address. If you are the home-owner, then you can provide the sale deed, utility bill and NOC. If your home is owned by your parents, then you can provide the sale deed, utility bill with NOC and PAN of your parents.
𝐈 𝐚𝐦 𝐜𝐮𝐫𝐫𝐞𝐧𝐭𝐥𝐲 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐝. 𝐂𝐚𝐧 𝐈 𝐛𝐞 𝐚 𝐝𝐢𝐫𝐞𝐜𝐭𝐨𝐫 𝐨𝐫 𝐩𝐚𝐫𝐭𝐧𝐞𝐫 ? Before you proceed for incorporation of your company, consider reading if the company in which you are employed has restrictions on dual-employment. If there are no such restrictions, you are free to become a director or a partner in a company.
𝐂𝐚𝐧 𝐈 𝐩𝐮𝐫𝐜𝐡𝐚𝐬𝐞 𝐚 𝐰𝐞𝐛𝐬𝐢𝐭𝐞 𝐝𝐨𝐦𝐚𝐢𝐧 𝐛𝐞𝐟𝐨𝐫𝐞 𝐢𝐧𝐜𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐢𝐨𝐧 ? Website domain can be purchased before the incorporation of the company. However, we recommend that we first reserve the name of the company. Once the name of company is reserved, you can have a peace of mind while purchasing your dream domain.
𝐖𝐡𝐚𝐭 𝐚𝐫𝐞 𝐢𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐜𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞𝐬 𝐮𝐧𝐝𝐞𝐫 𝐂𝐨𝐦𝐩𝐚𝐧𝐢𝐞𝐬 𝐀𝐜𝐭, 𝟐𝟎𝟏𝟑 ? Important compliances for PVT are > After you incorporate your company, within 180 days your company needs file a declaration of commencement of business activites. > Within 15 days of your company's first annual general meeting, the company needs to file a notice about appointment of auditor. > Within 30 days of your company's first annual general meeting, the company needs to file annual accounts and annual return. Important compliances for OPC are > After you incorporate your company, within 180 days your company needs file a declaration of commencement of business activites. > Within 15 days of your company's first annual general meeting, the company needs to file a notice about appointment of auditor. > Within 180 days of closure of your company's financial year, the company needs to file annual accounts and annual return. Important compliances for LLP are > After you incorporate your LLP, within 180 days your LLP needs file a declaration of commencement of business activites. > Within 30 days before the close of your LLP's financial year, your LLP needs to file a notice about appointment of auditor. > Within 60 days after the close of your LLP's financial year, your LLP needs to file an Annual Return. > By the end of October, every year, your LLP needs to file a Statement of Account & Solvency.
𝐈𝐬 𝐆𝐒𝐓 𝐑𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐦𝐚𝐧𝐝𝐚𝐭𝐨𝐫𝐲 ? Section 24 of CGST Act, 2017 provides for compulsary registration in certain cases. Below are certain activities if you wish to undertake, GST will be mandatory. > You wish to sell goods or services outside your state. > You wish to take agency or franchise of company which is already registered under GST. > You wish to sell your goods or services online.
𝐖𝐡𝐚𝐭 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐭𝐡𝐞 𝐈𝐧𝐜𝐨𝐦𝐞 𝐓𝐚𝐱 𝐰𝐡𝐢𝐜𝐡 𝐈 𝐰𝐢𝐥𝐥 𝐩𝐚𝐲 ? Companies (PVT and OPC) having turnover upto Rs. 400 crore can be benefitted by Section 115BA of Income Tax Act, 1961 as rate of tax is 25%. However, LLP are taxed at maximum rate of 30%.
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