Business Formation

Company Formation

Company formation in India involves registering a business as a separate legal entity under the Companies Act, 2013. The process typically applies to private limited companies, public limited companies, or one-person companies. Key steps include:

  • Digital Signature Certificate (DSC):All directors and shareholders must obtain DSCs for electronic document submission
  • Director Identification Number (DIN):Prospective directors must secure a DIN.
  • Name Reservation:File the SPICe+ Part A form to propose and reserve a unique company name.
  • Incorporation Documents:Submit the SPICe+ Part B form with details such as capital structure, registered office address, and director information. Draft and file the Memorandum of Association (MOA) and Articles of Association (AOA).
  • Government Approvals:Obtain approvals from the Ministry of Corporate Affairs (MCA).
  • Certificate of Incorporation:Once approved, the Registrar of Companies (ROC) issues this certificate, confirming the company's legal status.
  • Benefits include limited liability protection, enhanced credibility, and access to funding. The process takes approximately 7-10 working days depending on compliance with regulations.

Partnership Formation

A partnership firm is governed by the Indian Partnership Act, 1932. It is formed when two or more individuals agree to share profits and responsibilities. Steps include:

  • Drafting a Partnership Deed:This document outlines the terms of the partnership, including partner roles, profit-sharing ratios, and business operations.
  • Optional Registration:While registration is not mandatory, it is recommended for legal benefits such as the ability to sue third parties.
  • Application Submission:File an application with the Registrar of Firms along with identity proofs, address proofs, and the partnership deed.
  • Certificate of Registration:Upon verification, the Registrar issues this certificate.
  • Partnership firms are easy to establish with minimal compliance requirements. However, unregistered firms face limitations like restricted legal recourse against third parties

LLP Formation

Limited Liability Partnerships (LLPs) combine features of partnerships and companies. Governed by the LLP Act, 2008, LLPs provide limited liability to partners. Steps include:

  • Digital Signature Certificate (DSC):All designated partners must acquire DSCs for online filings.
  • Designated Partner Identification Number (DPIN):Partners must obtain DPINs for identification.
  • Name Reservation:Propose a unique name through the MCA's RUN service.
  • Filing Incorporation Form :Submit details about partners, capital contribution, and registered office.
  • LLP Agreement:Draft and file an agreement outlining partner roles and operational terms within 30 days of incorporation.
  • Certificate of Incorporation:Issued by the ROC upon approval.
  • LLPs offer operational flexibility and limited liability while requiring compliance with fewer regulations compared to companies
 
     
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