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Frequently Asked Questions
The documents needed to register One Person Company in India include the following: Copy of PAN Card of owner Passport size photograph of owner Copy of Aadhaar Card\/ Voter Identity Card Copy of Rent agreement (If the property is rented) Electricity\/ Water bill Copy of Property papers Landlord NOC (Format provided) Registering your OPC is now a matter of few clicks, online, through our service platform.
A Private Limited Company, regulated by the Companies Act, 2013 has separate legal entity in the eyes of law. A separate legal entity means that the corporate body or business has a separate existence apart from its directors or shareholders. It has a separate legal entity. It has perpetual succession i.e. the company does not cease to exist on death of any or all of the members. The members or shareholders do not have a personal liability to discharge debts. The directors are responsible for the everyday business of the company. Easy transferability of ownership. Shares of such company cannot be floated to general public. A minimum number of two directors is required for registering the private limited company. One of the directors must be a resident of India. Mandatory to have a registered office address for all official communications.
A Sole Proprietorship is the basic unit of a business structure, managed, controlled and owned by one person. Since, the registration of sole proprietorship simplified ones, sole proprietorship is opted by small businesses working for limited time period. Certain documents and formalities to register Sole proprietorship are required. The formalities are: Registering as SME (Small and Medium Enterprise) The registration can be obtained under the MSME Act and the application can be filed electronically. Though it is not mandatory to register as an SME, it is beneficial specifically at the time of taking loan owing to concessional rate of interest. Shop and Establishment Act License This license is required to be obtained according to the local laws and is issued by the municipal party on the basis of the number of employees. It is not mandatory if not prescribed by local laws. GST Registration Since the new provisions of GST came into force it has become essential to obtain a GST number. In case of online business, the same is mandatory and otherwise one can get themselves registered if their annual turnover is more than Rs. 20 lakhs.
The legal definition of Nidhi Company is a company incorporated as Nidhi with the object of cultivating the habit of thrift and saving amongst its members receiving deposits from and lending to its members only for their mutual benefit and which complies such rules as are prescribed by the central government for regulation of such class of companies. A Nidhi Company works on three principles, namely: Encouraging the habit of saving and cost-cutting Creation of a Mutual Benefit Deposit Lending deposits as required to members.
Director Identification Number as the name suggests is the unique identification number for a director, new or existing in accordance with the Companies Act, 2013. It is an 8-digit unique number provided to a director, valid for a lifetime. Since, the role of directors in a corporate is important, DIN helps in maintaining their information. DIN is specific to the person who has obtained it and not for the Company he works in. It is now a matter of few clicks to get Director Identification Number. It is a vital step before registration of Company and appointing of directors.
Registration of a partnership firm, requires following documents: Application for Partnership registration; Original copy of Partnership Deed signed by partners; Affidavit stating the intention of partners to work together; Proof of address, including rental or lease agreement or electricity bill; Proof of Identification, including Aadhar Card, Voter ID card, PAN etc.
There can be no allotment of shares to public by LLP. There exists a thin line difference between LLP and Pvt. Ltd. Co. It is in the nature of a partnership and the only difference that exists is in the context of limited liability. Thus, it cannot issue shares to the general public or float them in the market. It is because of this reason, that it has no shareholders.
The number of members, directors and shareholders required to start an OPC in India are: Members: Minimum and maximum- 1 Shareholders: Minimum and maximum- 1 Directors: Minimum 1, maximum 15 The director and shareholder can be the same person. It is important to appoint one nominee as well.”
A Partnership Firm is a kind of business structure in which 2 or more persons start and manage a business firm. The first step in partnership registration in India is filing an application for registration with the appropriate government authority. The next step involves drafting and registering the partnership deed. After partnership deed registration, the PAN; TAN for the partnership firm is obtained from the relevant authorities. The entire process of partnership registration can take up to 8-15 days, subject to processing of applications by the government. You can register your partnership firm in India hassle free right on your mobile and computer screens.
The number of members and directors is fixed and has to be adhered to as it is the basic compliance to be followed by LLP. The number range is as follows: Members: Minimum 2, Maximum not defined. Directors: no directors Shareholders: No shareholders.
A comparison between LLP and Pvt. Ltd. Co. can be drawn on the basis of various parameters to decide which suits whom the best. There exist many disadvantages and advantages of LLP or Limited Liability Partnership, namely: ADVANTAGES: Simplified incorporation procedure with a minimal fee. Limited liability of partners. Perpetual succession. Decision-making power is in hands of directors. Transferable and heritable. DISADVANTAGES: Less recognized owing to recent introduction. Less credibility Tax benefits not provided by many States. Mutual trust necessary to ensure smooth functioning. Discord amongst partners affects the firm indirectly.
A Sole Proprietorship is the best form of Company to choose if you wish to undertake a small business for a short period of time. A Sole Proprietorship is the basic unit of a business structure, managed, controlled and owned by one person. Since, the registration and legal formalities of sole proprietorship are the most simplified ones, it is opted by small businesses working for limited time period.
To register a Private Limited Company in India, there must be at least 2 directors and 2 shareholders. The process of registration of Private limited Co. involves obtaining the Digital Signature Certificate (DSC) \u0026amp; Director Identification Number (DIN), obtaining approval for name, creating and filing of documents with RoC and filing of an application for PAN \u0026amp; TAN. It takes around 15-20 days to complete all the legal formalities to register a Private Limited Company in India. This time period is subject to the time taken by government authorities to process the application of incorporation of Private Limited Company. Consult the best corporate lawyers in India to register your Pvt. Ltd. Company.
Digital Signature Certificate is the digital equivalent of a handwritten signature or stamped seal, offering more inherent security and intends to solve the problems of tampering with or personification of or forgery in case of digital signatures. The DSC certificates can be given under three different classes i.e. Class 1, 2 and 3. You can get Digital Signature Certificate online in just a few clicks. It is an important step before incorporating a Company.
A partnership firm is formed by the signing of a partnership deed, drafted by experts. Get your partnership deed drafted online with just a click to enable hassle free incorporation. The advantages and disadvantages of such partnership firm are: ADVANTAGES: Less legal compliances and costs; Easy to start as it only requires a partnership deed attested by all on a judicial paper; Easy raising of funds; Complete control and ownership; DISADVANTAGES: Unlimited liability i.e. the personal assets of partners can be utilized to discharge debts; No central or guiding figure; Easy and abrupt dissolution can create lack of trust in general public.
Starting One Person Company (OPC) is a very easy task in today\u2019s world, and it being managed by a single person has many advantages and disadvantages to it, namely: ADVANTAGES: Tax flexibility and savings; It has perpetual succession; Elimination of a middleman; Easy availability of loans from banks; Easy management of Company; DISADVANTAGES: There exist many restrictions on the membership of OPC; Heavy tax liability as they are put in the same tax slab as the private companies; Suitable only for small businesses; Higher incorporation and compliance costs; One person cannot be a member or nominee in more than one OPC.
Generally, there is a clash of opinion between the differences in LLP and Pvt. Ltd. Co., thus to note the advantages and disadvantages of Pvt. Ltd Co. are: ADVANTAGES: Less complicated legal formalities than a Public company; Limited liability; Perpetual succession; Can undertake big projects owing to maximum membership of 200. Easy transferability of ownership; No requirement of a minimum share capital; DISADVANATAGES: Restricted trade of shares; Complicated procedure of winding up of Company; Difficult compliance formalities.
There exist few regulations and compliances to be adhered by the Company including the minimum number of membership. The number of members, directors and shareholders in a Pvt. Ltd. Company are: Members: Minimum 2, maximum 200. Directors: Minimum 2 Shareholders: Minimum 2, Maximum 50
Since, the profits and liabilities rest on one single person, incorporating a Sole Proprietorship has both pros and cons to it, namely: ADVANTAGES: easy, simplified registration; profits are directly accrued; helpful for small businesses; flexible form of conducting business for small interval of time. DISADVANTAGES: Personal liability of owner and losses directly affect him; difficulty in obtaining bank loans or lines of credit; non-transferability and non-heritability.
There are various parameters which must be kept in mind before deciding as to what kind of Company you want to incorporate to ensure maximum gains and minimum loss and success. The parameters to decide the business structure of Company depend on a case-to-case basis and are not exhaustive in nature in regards to incorporation of a Company: The number of members you want in the Company; The nature of liability you wish to incur in the business; The profit sharing you want in the Company; Whether you desire to float shares to the general public; The nature and time period of business you wish to undertake; The compliances you can undertake; Urgency of registration; Need for transferability or heritability;
The concept of One Person Company [OPC] is a new vehicle\/form of business, introduced by The Companies Act, 2013, thereby enabling entrepreneurs carrying on the business in the Sole-Proprietor form of business to enter into a Corporate Framework. You can register your OPC online through our platform. The process to incorporate an OPC in India includes obtaining the Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the director, getting the name of the company approved from government authority, signing of Articles of Association (AoA) and Memorandum of Association (MoA) and creating and filing of documents with RoC along with the application for PAN \u0026amp; TAN. The entire process can take 15-20 days, subject the government processing of the application.
The documents required for incorporation of Sole Proprietorship are: PAN Card ID Proof (Passport \/ Voters Card \/ Driving Licence and Aadhaar Card) Rental Agreement, if the property is rented Electricity Bill as the proof of address, if the property is owned Passport-size Photo.
A Private Limited Company cannot float shares to the general public. Thus, it has no requirement at all to issue a prospectus or float shares in the market as the shares are never sold to the general public. It can only float shares to the members of its own Company or to respective persons.
The important documents to register an LLP include: PAN card- All Directors ID Proof (Aadhar card\/DL\/Voter ID)- All Directors Permanent address Proof (Bank Passbook-front page\/Latest utility bill)- All Directors Address Proof of proposed Registered Office of company If taken on rent then NOC with a utility bill from the owner If not taken on rent or owned by any other entity then NOC signed by the owner If owned by Director, then sale deed with the electricity bill Passport size photograph-All directors. Main objects of the proposed company in detail Four names of the proposed company as per preference Significance of names of the proposed company Profitability Ratio (i.e. Contribution by each partner) Signed LLP agreement other forms (Format provided)
Documents required for Private Limited Company registration are: PAN card- All Directors ID Proof (Aadhar card\/DL\/Voter ID) of all Directors Permanent address Proof (Bank Passbook-front page\/Latest utility bill)- All Directors Address Proof of proposed Registered Office of company If taken on rent then NOC with the utility bill from the owner If not taken on rent or owned by any other entity then NOC signed by an owner If owned by Director then sale deed with an electricity bill Passport size photograph of all directors Main objects of the proposed company in detail Four names of the proposed company as per preference Significance of names of the proposed company Shareholding proportion You can deal with the formalities of incorporation of a Pvt ltd. Company online in a few steps.
The process to register an LLP includes obtaining the Digital Signature Certificate (DSC) \u0026amp; Director Identification Number (DIN), creating and filing of documents with RoC and filing of application for PAN \u0026amp; TAN. It takes around 15-20 days to fulfil all the legal requirements to incorporate an LLP in India, subject to the time taken by government authorities to process the application.
For incorporation of Nidhi Company under the Companies Act, it has to fulfil the following conditions: It must be incorporated as a public company. It must have a minimum paid up equity share capital of five lakh rupees. It can have minimum 3 and maximum 15 directors. It must compulsorily have its object in its Memorandum of Association as the object of cultivating the habit of thrift and savings amongst its member, receiving deposits from, and lending to, its members only, for their mutual benefit. It is mandatory for the company to have the suffix Nidhi Ltd. as part of its name. It must have not less than 200 members at any point of time of the existence of the company after its incorporation under Rule 5 of Nidhi Rules, 2014. It must, have Net Owned Funds of ten lakh rupees or more and the ratio of the net owned funds to deposits should not be more than 1:20. It is advisable to consult a good corporate lawyer in India to know how to start a Nidhi Company.
Yes, there can be a conversion of OPC into a Pvt. Ltd. Company. The conversion can be voluntary or compulsory. One Person company can voluntarily convert into a private limited company if it fulfils the following conditions: 2 years must have been passed from the date it was incorporated, Irrespective of the total annual turnover or paid-up capital. The conversion must be in accordance with Section 18 of the Companies Act, 2013 and Rule 7(4) of the Companies (Incorporation) Rules, 2014. One Person Company has to mandatorily convert into a Private Limited Company in the following conditions: The paid-up share capital of the company has exceeded Rs. 50 lakhs. The annual turnover of the company has exceeded Rs. 2 Crores.
It is vital to know important things before incorporating a business. One such vital aspect is features of a Company, namely: Simplest form of carrying business opted for small businesses due to its ease of setup and nominal cost. Easy and simplified registration and incorporation formalities. The management, control and ownership vests in a single person. It has no separate legal entity as that of an incorporated business. Its legal entity is same as that of a person who owns it. It is not transferable or heritable. The liability incurred by the owner is a personal liability. Debts of the proprietorship become the debts of the owner. The profits accrued by the proprietorship are the profits accrued by the owner. Thus, it gives a pass-through tax advantage. It does not have perpetual existence or succession.
Introduced in 2009, Limited liability partnerships or LLP provides the best of both worlds i.e. a partnership and a corporation. It has a separate legal entity distinct from those who form it and each of those partners forming the company have limited liability. There are many benefits of incorporating an LLP in India. The features of LLP are: It is in the nature of a corporation clothing the association with separate legal entity. It is in the nature of a partnership as partners have limited liability in proportion to their shares. Thus, in case of liquidation the personal assets of the partners are not used to discharge the debt. Partners are not liable for the misconduct or negligence of other partners. It has perpetual succession. There is no mandatory audit required. It is transferable and heritable. Less recognition, resulting in hindrance of smooth functioning.
Tax Audit is checking, reviewing and inspecting the accounts of a business\/ profession to check the compliance with Income Tax laws. All the businesses in India are required to audit their tax accounts to ensure that they are compliant with Income Tax laws. A report of Tax Audit is made wherein all the findings and observations are mandated.
Following persons are compulsorily required to get their accounts audited :- A person carrying on business, if his total sales, turnover or gross receipts in business for the year exceed or exceeds Rs. 1 crore. A person carrying on profession, if his gross receipts in profession for the year exceed Rs. 50 lakhs. A person who is eligible to opt for the presumptive taxation scheme but he claims the profits or gains for such profession\/ business to be lower than the profits and gains computed as per the presumptive taxation scheme and his income exceeds the amount which is not chargeable to tax
According to section 271B of Income Tax Act, 1961, if a person who is mandatorily required to conduct Tax Audit fails to do so, penalty will be imposed on him by the Assessing Officers of Income Tax Department. The penalty will be lower amount in below mentioned amount: \u003cbr\u003e- 0.5% of the total sales, turnover or gross receipts, as the case may be, in business, or of the gross receipts in profession, in such year or years; or However, no penalty will be imposed if reasonable cause for such failure is proved.
Income tax return is a detailed disclosure of the income, claims, deductions, and any taxes paid by the assessee of the income tax.
If the income tax return is filed after the due date, but:- Before the 31st of December of the assessment year, then the penalty for the delay is Rs. 5,000/-. After the 31st of December, then the penalty is Rs. 10,000/-. However, if the total income of a person does not exceed Rs. 5,00,000/-, then the penalty shall not exceed Rs.1,000/-.
TDS return is a quarterly statement which is to be submitted to the income tax department by the person\/ entity deducting TDS. It is a summary of all the TDS deducted and deposited by the person\/entity deducting the same. It is compulsory for the deductor to submit timely TDS return. In case TDS return is not filed in time, heavy financial penalties could be levied on the defaulting entity
If TDS returns are not filed in time, the government may levy penalty, being not less than Rs. 10,000/- and not more than Rs. 1,00,000/-. The penalty will be levied if the assessee has not filed return within 1 year from when he becomes due to file the same, or if he gives wrong information regarding the same.
Registration under the GST Act is required if the aggregate annual turnover exceeds Rs. 20,00,000/- (Rupees Twenty Lakhs). However, the threshold for registration is Rs. 10,00,000/- (Rupees Ten Lakhs) in case the place of business is situated in Arunachal Pradesh, Assam, Himachal Pradesh, Jammu Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, or Uttarakhand. Further, regardless of the turnover, GST registration is mandatory in the following cases:- If the person\/ business makes Inter-State Supplies If the person / business supplies goods through an E-commerce portal, If the person / business is:- Service Provider – Agent for Registered Principal – Liable to Pay Reverse Charge – Non-resident Taxable Person – Casual Taxable Person – Input Service Distributor – TDS\/TCS Deductor E-commerce Operator – An online data access and retrieval service provider.
GST registration does not have a validity date. It is valid for as long as the business entity survives unless it is cancelled, surrendered or suspended.
A return 2019 is a document which contains details of the income of any person/ business entity accrued in a specific period. A return is required to be filed with relevant tax authority on a periodic basis. Under the GST law, a registered entity is required to file GST returns on a monthly, quarterly or annual basis, depending on the business of the registered entity. A GST return should include details of the business conducted in the specific period and in particular:- Purchases – Sales – Output GST (on sales) – Input Tax credit (GST paid on purchases) -The business entity/person must ensure that the sales and purchase invoices being issued in the conduct of business are GST compliant.
No. It depends on the nature (B2B or B2C) and location (intra-state or inter-state) of the business transactions. For Business-to-Business (B2B) supplies, all invoices whether Intra-state or Interstate are required to be submitted / uploaded. This provision has been introduced so that the business receiving the goods can avail Input Tax Credit (ITC). Hence, it is required that invoices from both entities are matches. For Business-to-Customer (B2C) transactions, generally, invoices are not required to be submitted as the individual customer typically would not claim ITC. However, invoices of value exceeding Rs. 2,50,000\/- in inter-state B2C supplies are required to be submitted at the time of filing GST return.
- THE MAIN ELEMENTS OF A BUSINESS CASE TEMPLATE
- A high-level summary.
- Financial information about the costs and benents.
- Details of the scope.
- Benefits and risks.
information about how the project will be managed.
- Measurements for success