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Company Registration

Picking the right company structure for your business is as important as any other business-related activity. The right business structure will allow your enterprise to operate efficiently and meet your required business targets. In India, every business must register themselves as part of the mandatory legal compliance. Before we learn how to register a company, let’s try and understand the types of business structures in India.

What are the types of business structures in India?

One Person Company (OPC): Recently introduced in the year 2013, an OPC is the best way to start a company if their exists only one promoter or owner. It enables a sole-proprietor to carry on his work and still be part of the corporate framework.

Limited Liability Partnership (LLP): A separate legal entity, in an LLP the liabilities of partners are only limited only to their agreed contribution.

Private Limited Company (PLC): A company in the eyes of the law is regarded as a separate legal entity from its founders It has shareholders (stakeholders) and directors (company officers). Each individual is regarded as an employee of the company.

Public Limited Company (PLC) : A PLC is a voluntary association of members which is incorporated under company law. It has a separate legal existence and the liability of its members are limited to shares they hold.

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LLP Registration

Limited Liability Partnership (LLP) was introduced in India by way of the Limited Liability Partnership Act, 2008. The basic premise behind the introduction of the 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 1 lakhs registrations so far until September 2014.

LLP is one of best advantage for partnership business form where one partner is not responsible for the misconduct of Other Partner ’s. LLP is a secure form of business and easily manageable in India.LLP gives a dual advantage one is for company liability and another for a partnerships

Required Documents for Partners:-

Pan Card/ID Proof
Address Proof
Passport size Photographs

Documents of LLP:-

DSC (Digital Signature Certificate)
Proof of Registered Office Address
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One person Company Registration

How to Register a Company in India?

An individual or partnership of ownership Business registered under section by the Ministry of Corporate Affairs, Companies Act, 2013 and the Companies Incorporation Rules, 2014 Registering a company in India is now a simple 4-step process.

Here is what you’ll need to acquire:

A Digital Signature Certificate(DSC)
A Director Identification Number (DIN)
Registration on the MCA Portal or New user registration
Certificate of Incorporation
Trademark Registration
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Secretarial Compliance Audit

The Secretarial Audit is an audit to check compliance of various legislations including the Companies Act and other corporate and economic laws applicable to the company. An audit plan is the specific guidelines to be followed when conducting an AUDIT.

It helps to an auditor to obtain sufficient evidence in a Secretarial Audit.Also helps to auditor costs at the reasonable level.

DOCUMENTS REQUIRED:--

MOA, AOA, any shareholding agreement with PE investors, JV Partner or any other material contract or document
Notices, Agenda, Minutes and attendance registers of meetings
Financial Statement, Reports of Director's and Auditor's
All Statutory Registers/Records
Disclosures, Declarations, Newspaper Publications, Agreement with Share Transfer Agent under the Act as well as SEBI Laws
Filings with ROC/ STXs/ RBI or other regulatory authorities
Relevant approvals/ correspondence with ROC/ STXs/ RBI or other regulatory authorities
Observation/ instruction of Judicial/ Quai judicial body/ Regulators
Statements for borrowings and investments.
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ROC Filing Including XBRL Filing

XBRL stands for eXtensible Business Reporting Language. A Report on Compliance (ROC) is a form that All the Companies and LLPs incorporated are mandatorily required to file various forms, returns, and documents with the Registrar of Companies (ROC) in an electronic mode within the prescribed time along with the prescribed fees.

Mandatory for following:- -

All companies listed with any Stock Exchange(s) in India and their Indian subsidiaries
All companies having paid up capital of Rupees five crore and above
All companies having the turnover of Rupees one hundred crores and above
All companies who were required to file their financial statements for FY 2010-11 using XBRL. - Whose accounting year commences on or after 01.04.2011

Steps for Creation of XBRL Format on MCA(Ministry of Corporate Affairs):

Filing of the Balance sheet and P&L A/c
Compliance Certificate, directors report an annual return
XBRL filing
Preparation, disclosures, certification & filing of annual return
Filing, registering, representing, attesting, verifying documents, forms, return, to ROC, RD, Central Govt.;
All the Services and follow – up with regard to MCA

ANNUAL FILING (INCLUDING XBRL):

Filing of the Balance sheet and P&L A/c
Compliance Certificate, directors report an annual return
XBRL filing
Preparation, disclosures, certification & filing of annual return
Filing, registering, representing, attesting, verifying documents, forms, return, to ROC, RD, Central Govt.;
All the Services and follow – up with regard to MCA.
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Trademark Registration

A trademark is a visual Symbol of a Business .It defines the ownership identity “ Brand name” entity which helps to recognized by trademark Registration. Trademark is also known as a “Logo “. You can also check search availability .

Documents required:-

Trademark or logo copy
Applicant details like name, address, and nationality and for a company: the state of incorporation
Goods or services to register
Date of first use of the trademark in India, if used by you prior to applying.
Power of attorney to be signed by the applicant
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DSC Registration Class 2 & 3

Digital Signature Certificates (DSC) are the digital equivalent (that is electronic format) of physical or paper certificates. Examples of physical certificates are drivers' licenses, passports or membership cards. Certificates serve as a proof of identity of an individual for a certain purpose; for example, a driver's license identifies someone who can legally drive in a particular country.

A digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally.

There are three types of DSCs:

Class I type is used only for securing email communication
Class II type is used for Company or LLP Incorporation, IT Return E-Filing, obtaining DIN or DPIN and filing other forms with the Ministry of Corporate Affairs and Income Tax Department
Class III type is used mainly for E-Tendering and for participating in E-Auctions

You Should Submit Documents detail Below:-

PAN card
Address proof
Passport size photo