Categories: Business Registration

Kind of business structures in India

Kind of business structures can be made in India

Common Business structure in India

  • The most important thing to do when beginning your own company is to comply with the legal requirements to ensure the safe functioning of your business enterprise.
  • Registration of a corporation is the first step in the process that gives you legal permission to operate a business. It requires compliance with a set of regulations set out in the Companies Act.
  • Company incorporation is the primary method that all company owners need to conduct. The Companies Act 2013 sets out the various forms of companies that can be established in India.

1) One Person Company

One Person Company is the new entrant to various types of companies registered in India. It was implemented under the Companies Act 2013 for the benefit of entrepreneurs who have the capacity to operate a company on their own but successfully. The minimum paid-up capital of the shares in the OPC shall be INR 1 Lakh.

List of following details or documents are required for the One Person Company Registration

FOR THE REGISTERED OFFICE

  • Copy of Latest bank statement or mobile bill or phone or gas bill. or electricity
  • A Copy of Notarized Rental Agreement.
  • Copy of NOC from the property owner.
  • The Copy Sale Deed/Property Deed in English (for the owned property).

List of below documents required to Submitted by OPC member

  • Copy of PAN Card or passport (Foreign Nationals and NRIs).
  • A Copy of Aadhar Card/ Voter’s ID/Passport/Driver’s License.
  • Copy of current Bank Statement or Telephone or Mobile Bill or Electricity or Gas Bill.
  • The Copy of passport-sized photo.
  • Copy of Specimen autograph or impression.

More read for related blogs are:

This latest addition to the various kind of companies in India was a welcome change in India, as it allowed a single individual to take over the affairs of the company, while other types of companies needed at least two persons to serve as representatives of any company.

It is very useful for small businesses that do not need partners. Much in the same way, One Person Company is considered to be a separate legal body from its members.

Shareholders here have limited liability rights and this type of business is easy to incorporate.

2) Sole Proprietorship

Sole Proprietorship is a kind of company registration in which a single individual controls the entire business management. The Proprietorship and the owner shall be regarded as one identity and shall bear himself the benefit or loss made therein.

List of below documents required for Sole Proprietorship

  • KYC documents of the Bank.
  • Utility Bill of the business place.
  • A license issued through the Shops and Establishment Act.
  • Income Tax Returns of the Proprietor.
  • Any 2 of the documents could be submitted for the Bank Account opening with the Identity and Address Proof of the proprietor.

The Business in Proprietorship is registered only on behalf of one single Individual. All accounting shall be conducted on the owner’s account for income tax and GST compliance purposes under the pan no of the owner. In this scenario, the owner must bear unlimited business liability.

(3) Partnership

  • This is one of the different types of firms where company deals and transactions are done by partners. The legal partnership agreement specifically specifies the obligations, positions, and number of shares withheld by the two parties.

List of following details or documents are required for the partnership firm Registration

  • The date when each partner joined the corporation.
  • Complete names in full & addresses of the partners.
  • The place or principal place of business of the corporation.
  • Names of any other places where the partnership carries on the entity
  • The duration of the partnership and other details as below
    • Proof of ownership or rent/lease of the location of the business.
    • PAN Card copy of partners.
    • Aadhaar Card/ Voter identity card Copy.
    • required a Statement in Form 1 with the prescribed fees.
    • Notarized True Copy of the Partnership Deed declaring:
    • Name of the firm.
    • The nature of the business of the corporation.
  • The Statement should be signed by all the partners of the corporation and need to be verified by affidavit in a specified manner.
  • As specified in the agreement, the gains or losses sustained by the company are split among the partners.

(4) Limited Liability Partnership (LLP)

The Limited Liability Partnership includes a minimum of 2 partners. It is also a recently launched corporate business arrangement that incorporates the words ‘Company’ and ‘partnership firm.’ The LLP is a distinct legal entity that distinguishes among relationships and personal & business properties.

List of following details or documents are required for the LLP Registration

Documents required by Limited Liability Partnership:

  • Proof of the address of the registered office: proof must be given during registration or within 30 days of its incorporation. A tenancy contract or No Objection Letter from the landlord must be sent to the registered office for leasing.
  • The liability of the partners shall be determined by the number of their share capital. Compared to Sole Proprietorship and Partnership, the Limited Liability Partnership is more trustworthy among its investors. This is due to the proper maintenance of incorporation documents, financial records, and tax records.

Below Documents required from the partners of Limited Liability Partnership:

  • Copy of Current bank statement, phone bill, telephone bill, or gas bill must be submitted as proof of residence by the Partners.
  • A Copy of Partners must also have a photo of their plan background passport size.
  • Copy of PAN card or ID Partner proof.
  • The Copy of Address proofs of partners, such as Voter ID, Passport, Driver’s License, or Aadhar Card. Proof of identities, such as a driving license, bank statement, residence card, or any government-issued identification card that contains an address, is necessary for all foreign nationals who wish to register as a partner in the Limited Liability Partnership.
  • Copy of Passport is required for NRIs. and foreign nationals.

(5) Private limited company

A Private Limited Company is a privately owned company registered for small companies. According to the requirements of the Companies Act 2013, a minimum of 2 members and a maximum of 200 members may be members of a corporation. In this type of business, there is a group of shareholders, and the total capital is composed of shares owned by each member.

Below details and documents required for Private Limited Company Registration

  • Aadhaar Card/ Voter Id card copy of directors.
  • Rent agreement copy (for the rented property).
  • PAN Card copy of directors.
  • Scan copy Property papers (for the owned property).
  • Attached Landlord NOC.
  • Copy of Electricity/ Water bill (Business Place).
  • Copy of Passport size photo of directors.

In a private limited company, the liability of the shareholders is limited to the number of shares owned by the members. Company assets and personal assets shall be handled separately. Shares of a private limited company can be sold or transferred to persons who in turn, become shareholders of the company. Shares, however, cannot be publicly traded. Private Limited Company could be further listed as:

www.carajput.com; Company Structure

(a) Company limited by shares

It is the most general type of a private limited company. Here the liability of the shareholders is limited by a memorandum to the amount, if any, not paid on the shares owned by themselves.

(b) Company Limited By Guarantee

In this form of a private limited company, the liability of the shareholders is limited by the memoranda to the amount that the members may contribute to the company’s assets in the event of bankruptcy.

(c) Unrestricted Business

There is no limit to the liability of the members in this type of company. This ensures that in the case of a loss if the assets of the corporation fall short of paying off the creditors, the private assets of the owners are then consumed for debt relief. The risk factor here is exceptionally high.

6) Section 8 Company

  • This form of company registration is a non-profit organization (NPO).
  • The purpose of the NPO is primarily to promote the arts, trade and different aspects of social welfare in the form of education, charity, religion, and environmental protection to name but in case any income if produced, shall be used here for the achievement of the aforementioned purpose.
  • Dividends shall also not be charged to their shareholders.

List of following details or documents are required for the Section 8 Company registration

For the Registered Office

  • Copy of Latest bank statement or mobile bill or phone or gas bill. or electricity
  • A Copy of Notarized Rental Agreement.
  • Copy of NOC from the property owner.
  • One Copy Sale Deed/Property Deed in English (for the owned property).

Below details and documents required for Section 8 Company limited registration

  • Copy of Aadhaar Card/ Voter Id card copy of directors.
  • A Copy of Rent agreement copy (for the rented property).
  • one Copy of PAN Card copy of directors.
  • The Copy of Property papers (for the owned property).
  • Copy of Attached Landlord NOC.
  • In Copy of Electricity/ Water bill (Business Place).
  • Copy of Passport size photo of directors.

7) Public Limited Company

Public Limited Company shares can be owned by the general public. The company must have three directors and a minimum of seven shareholders. There is no limit on the number of shares in the Public Limited Company.

Below details and documents required For Public Limited Registration

  • Aadhaar Card/ Voter Id card copy of directors.
  • Rent agreement copy (for the rented property).
  • Attached Landlord NOC.
  • Scancopy of Electricity/ Water bill (Business Place).
  • Copy of Passport size photo of directors.
  • PAN Card copy of directors.
  • Scan copy Property papers (for the owned property).

The shares are listed on the stock exchange and can be freely exchanged. These corporations are owned by their founders. Companies in this group need a ROC certificate before beginning their business operations.

  • No enterprise registration can be considered as a company in India, unless it is registered with the company registrar under the Companies Act 2013. Only after incorporation does a corporation become a distinct legal entity from its owners.
  • Business registration is therefore an important and vital step in realising your dream of being a prosperous entrepreneur. Use this information and get started!

What is Process Private Limited Company Registration in Delhi?

  • We must apply to the DSC for the Private Limited Company Registration in Delhi.
  • The next step must apply for the DIN for the Private Limited Company Registration in Delhi.
  • Very Next Step we must apply for approval by the ROC of the Pvt Limited Company Registration in Delhi.
  • Next step we must apply for registration with the latest SPICe Plus forms for registration of a Pvt limited company in Delhi.
  • Get the Registration Certificate (COI) after completion of the registration process of the company.

Here seem to be a couple more posts relevant to business registration for the purpose of brushing up your knowledge:

Read More about :

Frequently Asked Question On business structures for setting up an entity

Q.: What Is the Minimum Director Requirement for a One-Person Company Incorporation?

  • The minimum number of directors for a one-person company is one (1), with an additional requirement of one member and nominee.

Q.: What is the minimum capital requirement for registration in India for private limited companies?

  • The company Act 2013 specifically requires all private limited companies, before they actually start business, to maintain a minimum paid-up capital of Rs1 lakh.

Q.: What is the best way to start a new business?

  • There are different types of enterprises in India such as sole proprietor, partnership companies, cooperative companies, companies, etc. The choice of the appropriate organizational structure for every particular company will depend on factors such as ownership, capital availability, scale of businesses, etc.

Q.: How and where do I request registration for an online company in India?

  • The application must be submitted on-line along with the required documents on the department portal as prescribed. You will receive the email from the department if there is any discrepancy or approval.

Q.: What exactly is SPICe+ Form?

  • SPICe stands for Simplified proforma for incorporating a company electronically, and it serves as an application form for company registration in accordance with the Ministry of Corporate Affairs’ guidelines (MCA). SPICe+ is an updated version of the SPICe form that was implemented on February 15, 2020.

Q.: What the required documents are for incorporate the company?

  • Significant documents required for company registration include directors’ Pan Card and Aadhar card, passport size photos, conveyance deed or rent agreement, energy bills, and so on, in addition to the prescribed documents, which can be prepared with the assistance of a professional.

Q.: Can a person residing outside of India become a director of a private limited company?

  • Yes, a person resident outside India/ NRI or Foreign National may become a Director in a Private Limited Company, but at least one Director on the Board must be an Indian Resident.

Q.: Is it Possible for me to incorporate Company by Myself?

  • Yes, you can complete all of the company’s documentation on your own, but it is recommended that you seek professional assistance because verification from a chartered accountant or company secretary is required to certify that all of the required compliances have been met.

Q.: Is registering a company mandatory in India?

  • Yes, before beginning business activities, you must have your company registered with the Registrar of Companies. To take advantage of the advantages associated with various types of businesses, you must ensure that the proper company registration procedures are followed.

Q.: How does a Pvt Ltd company operate?

  • Every private limited company operates in a unique and distinct manner. However, the promoters, who have the final say on how the organisation operates, are the final deciding authority. A private limited company operates solely at the discretion of its owner. Because the company’s shareholding power is concentrated in a few hands, decision making is quick and smooth, unlike in a public limited company.

Q.: How long does registration in India take for a company?

  • Once the documents are submitted and the application fee is paid, it usually takes 7-10 days to receive the company’s incorporation certificate.

Q.: Is a person’s physical presence required for company registration?

  • No, for registration of companies in India, physical presence is not required. You can register a company online in a much more easy and simple way.

Q.: What is the procedure for verifying a company’s registration number?

  • Registration of a company is also referred to as Company Identification No. (CIN), assigned to each company in accordance with the 2013 Act, regardless of size and format. With the help of the following steps, you can check online your company register details:
    • Go to the site of MCA.
    • Drop the menu bar of Services of MCA .
    • Company services.
    • Search for CIN.

We are providing Following Chartered Accountants’ Services In India

  • Proprietorship
  • Annual Filing
  • Appointment And Resignation Of Directors
  • Auditing
  • Book Keeping Outsourcing
  • Bookkeeping
  • Business Analysis
  • Business Valuations
  • CA Certification
  • Ca Services
  • Change In Share Capital Of Company
  • Company Annual Filing
  • Company Closure
  • Company Formation
  • Company Formation Registration
  • Company Registration
  • Company Secretarial
  • FDI Advisory
  • FDI Compliance
  • Financial Planning
  • Financial Reporting
  • Food License
  • Shop License
  • Trademark Registration
  • Trust Formation
  • Warehouse Registration
  • APEDA Registration
  • Foreign Remittance Compliance
  • Foreign Taxation
  • Income Tax Consulting
  • Income Tax Return
  • Investment Advisory
  • MSME Registration
  • One Person Company
  • One Person Company Registration
  • Organic Product Certification
  • Other
  • Partnership Firm
  • Payroll Consulting
  • Private Limited Company Registration
  • Proprietorship Firm
  • Registered Address Change Of A Company
  • Risk Management Advisory
  • ROC Filing
  • Director Kyc
  • DSC
  • Due Diligence
  • Statutory Reporting
  • Statutory Voluntary Audits
  • Limited Liability Partnership
  • LLP Annual Filing
  • Tax Filing Expert
  • Tax Planning
  • E-commerce Startup Consulting
  • Family Business Consulting
  • Wealth Creation And Management
  • NRI Registration
  • FSSAI Registration
  • IEC Registration
  • Startup Recognition
  • Business Consultancy

Read More about :

Rajput Jain & Associates

Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

Recent Posts

All about Financial Forensics & its Applications

All about Financial Forensics & its Applications Financial Forensics and Forensic Audit Techniques  Financial forensics and forensic audit techniques are… Read More

5 days ago

All About on Code of Conduct in Forensic Audit

Code of Conduct in Forensic Audit: Introduction: A forensic audit is a specialized examination that investigates financial records to uncover… Read More

5 days ago

When is the cancellation revocation applicable?

When is the cancellation revocation applicable?  Procedure for Implement Revocation for GST cancellation This applies only if, on its own… Read More

6 days ago

Enhancement Made to the GST Portal – Significant Update

Enhancement Made to the GST Portal - Significant Update Goods and Services Tax Network is pleased to inform that an… Read More

6 days ago

How to responses DRC-01C Intimation under Rule 88D

ITC Mismatch GSTR-2B vs GSTR-3B  - DRC-01C Intimation under Rule 88D New mechanism to deal with Input Tax Credit mismatches… Read More

1 week ago

Hurdles with Hindu Undivided Family Dissolution

Hurdles with Hindu Undivided Family Dissolution: The Hindu Undivided Family (HUF) is a recognized legal entity under the Income-tax Act,… Read More

1 week ago
Call Us Enquire Now