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A Private Limited Company is a privately maintained small business existence, which is one of the highly recommended means to start a business in India. AAAROHANA CORPORATE SOLUTIONS PRIVATE LIMITED will assist you to register your Private Limited Company. The private limited company is those types of companies that have a minimum of two members and a maximum of 200 members. It can be of three types:
• Company limited by shares
• Company limited by guarantee
• Unlimited company
Documents Required for Company Registration in India
Along with many regulatory and legal compliances involved, one needs to submit specific documents while applying for registration with the Registrar of Companies on the MCA website. The registrar scrutinizes the application along with the documents submitted and grants the certificate of incorporation once she is satisfied with the sufficiency of the submissions made. Some of the crucial documents to be submitted are as follows:
• PAN card and Aadhar card of the proposed directors.
• Address proof of the proposed directors like Aadhar cards, utility bills, Voter-ID cards, ration cards, driving license, and passports.
• Identity proof of directors like PAN, driving license, voter ID, and Aadhar card.
• Contact details of the proposed directors along with their Email IDs.
• Passport-sized photographs of the proposed directors.
• Proof of ownership of the Registered office, if any
• If the Registered office is on rented premises, then the lease deed.
• If the office space is on rented premises, then a No Objection Certificate (NOC) from the landlord is needed.
• Address proof of the registered office, like utility bills.
• Email ID of the company
• Draft Articles of Association or AOA and Draft Memorandum of Association or MOA of the company.
There are many of Company Registration over other business models. Some of the many advantages of Company Registration with the Registrar of Companies are as follows:
• Separate Legal Entity
• Limited Liability of Members
• Perpetual Existence
• No Minimum Capital Requirement
• Exemptions for Certain Companies
• Higher Market Credibility
Public limited Companies are ideal choice for all the enterprise both Small and Medium scale enterprises who wish to raise the equity capital from the general public. AAAR OHANA CORPORATE SOLUTIONS PRIVATE LIMITED will assist you to register your Private Limited Company. Public Limited Company is also registered as per the rules and regulations of the Companies Act, 2013. A public limited company is a business that is managed by directors and owned by shareholders.
Benefits of Public Limited Company Registration
• The company can raise capital through share sales
• Limited liabilities for the shareholders of the company
• Perpetual Succession
• Public records can make it easier to attract business partners
• Fewer risks
• Borrowing Capacity
Documents Required for Company Registration in India
• Identity Proof such as Aadhar card, PAN card, Driving License, Voter Id of all the designated directors and shareholders.
• Address Proof of all the proposed directors and shareholder of the company.
• PAN card details of all the directors and shareholders
• Utility bill such as telephone, gas, water or electricity bill of the registered office as a residential proof of the business place. It should not be older than 2 months
• An NOC or No Objection Certificate from the landlord of the business place.
• DSC or Digital Signature Certificate of the designated directors
• Memorandum of Association (MOA) and Article of Association (AOA)
One Person Company is a company with just one member. An OPC is a business structure that enjoys the benefits of both forms of business, i.e., a sole proprietorship and a company. According to Section 3 of the Companies Act 2013, OPCs are also private limited companies; hence they must adhere to all the requirements of a private limited company. A One Person Company Registration in India can be obtained under the Companies Act 2013 with just one single member and one Director.
Benefits of Registering One Person Company
• Easy Incorporation
• Complete Control by the Individual
• Easy Compliance and Tax Flexibility
• Benefits for Small Scale Industries
• Ease in Funding
• Least requirements for registration
• Greater credibility
• Significant growth
• Income tax benefits
• Sole business ownership
Eligibility Criteria for Registering One Person Company
One should fulfil the following eligibility criteria before registering as One Person Company: -
• A natural person who is a resident of India can form OPC in the preceding calendar year.
• Only one member can form an OPC.
• The name should be unique and should not be similar to any other existing company and trademark.
• An individual cannot incorporate more than 1 OPC, or an individual cannot be the nominee of more than 1 OPC.
• There must be a least one director.
• One Person Company must include in its name (OPC) Private Limited.
• Prior condition to indicate the name of the other individual as a nominee. As in the event of the death of the subscriber, a nominee becomes a member of the One Person Company.
Nidhi means a company which has been incorporated with the object of developing the habit of thrift and reserve funds amongst its members and also receiving deposits and lending to its members only for their mutual benefit. Their primary business is borrowing as well as lending funds between their members.
Conditions for Incorporating Nidhi Companies in India
• Minimum number of members: 7 (3 members should be the designated directors)
• minimum equity share capital: Rs. 5 lakhs
• Must have limited company status under Company Act, 2013
• Mandatory inclusion of the Company's object in MOA reflects its intention to foster the habit of thrift and savings among the members.
Documents for Nidhi Company registration
• Directors Identification Number, i.e., DIN
• PAN number of the proposed directors and members
• Residential proof and address proof of the proposed directors and members
• Photographs of the proposed directors and members
• Identification Documents like Aadhar card
• Registered business place proof such as lease or rent agreement
• Ownership proof of the business place in case the premises are owned
• NOC if required
• MOA i.e., Memorandum of Association
• AOA, i.e., Article of Association
A producer company can be defined as a legally recognized body of farmers/ agriculturists with the aim to improve the standard of their living and ensure a good status of their available support, incomes and profitability. The name of a producer company must end with the words 'Producer Company Limited'.
Benefits of the Farmer Producer Company
• Deposit Acceptance: The prevailing bylaw permits the Producer Company to accept a deposit in the form of a fixed deposit or a recurring deposit.
• Loan against security: Farmer Producer companies are legally permitted to function as lending agencies. They are eligible to lend credit against the fixed deposits, gold and government securities.
• Profit allocation to the members: The profit or income generated by the farmer producer company remains within the organization and is distributed among the serving members.
• No taxes on the agricultural income: As such, no taxes are levied on the profit generated by the Producer Company. Presently, these entities are exempted from addressing any tax obligations imposed by the IT department.
• Loan Facility to Members: Farmer Producer companies are legally eligible to disburse the credit to the founding members.
Farmer Producer Company Incorporation: Mandatory Documents
• PAN & Photo
• PAN & Photographs of the active directors & shareholders
• ID Proof
• Aadhar card, Driving License, passport, & voter ID of the Directors, members, and shareholders.
• Address Proof
• Bank Statement, utility bills such as landline bill, mobile bill, and electricity bill
• Producer Proof
• Registered Address proof
• No objection certificate from the owner, Utility bill and Rent agreement
Pre-incorporation legalities for incorporation
• At least ten producers to register the company.
• Minimum 5 and maximum 15 directors
• Maximum 200 members: if the proposed entity willing to function as a private limited company
The LLP is a separate legal entity, is liable to the full extent of its assets but liability of the partners is limited to their agreed contribution in the LLP. LLPs allow for a partnership structure where each partner’s liabilities are limited to the amount they put into the business.
• LLP is an alternative corporate business form that gives the benefits of limited liability of a company and the flexibility of a partnership.
• The LLP can continue its existence irrespective of changes in partners. It is capable of entering into contracts and holding property in its own name.
• The LLP is a separate legal entity, is liable to the full extent of its assets but liability of the partners is limited to their agreed contribution in the LLP.
• Further, no partner is liable on account of the independent or un-authorized actions of other partners, thus individual partners are shielded from joint liability created by another partner’s wrongful business decisions or misconduct.
Since LLP contains elements of both ‘a corporate structure’ as well as ‘a partnership firm structure’ LLP is called a hybrid between a company and a partnership.
A partnership is a form of business where two or more people share ownership, as well as the responsibility for managing the company and the income or losses the business generates. In India, all the aspects and functions of the partnership are administered under ‘The Indian Partnership Act 1932’.
Features of Partnership:
• Agreement between Partners: A partnership arises from an agreement or a contract. The agreement (accord) becomes the basis of the association between the partners. Such an agreement is in the written form. An oral agreement is even-handedly legitimate. In order to avoid controversies, it is always good, if the partners have a copy of the written agreement.
• Sharing of Profit: Another significant component of the partnership is, the accord between partners has to share gains and losses of a trading concern.
• Business Motive: It is important for a firm to carry some kind of business and should have a profit gaining motive.
• Mutual Business: The partners are the owners as well as the agent of their firm. Any act performed by one partner can affect other partners and the firm. It can be concluded that this point acts as a test of partnership for all the partners.
• Unlimited Liability: Every partner in a partnership has unlimited liability
Advantages of Partnership
• Easy Formation: An agreement can be made oral or printed as an agreement to enter as a partner and establish a firm.
• Large Resources – Unlike sole proprietor where every contribution is made by one person, in partnership, partners of the firm can contribute more capital and other resources as required.
• Flexibility – The partners can initiate any changes if they think it is required to meet the desired result or change circumstances.
• Sharing Risk – All loss incurred by the firm is equally distributed amongst each partner.
• Combination of different skills – The partnership firm has the advantage of knowledge, skill, experience and talents of different partners.
Start-up India Scheme is an initiative by the Government of India for generation of employment and wealth creation. The goal of Start-up India is the development and innovation of products and services and increasing the employment rate in India. Benefits of Startup India Scheme is Simplification of Work, Finance support, Government tenders, networking opportunities.
Benefits of Start-Up India
• Financial Benefits: Under this scheme, the government provides 80% rebate on the patent costs. Moreover, the process of patent registration and related is faster for them. Also, the government pays the fees of the facilitator to obtain the patent.
• Income Tax Benefits: Startups enjoy a good amount of benefits under the Income Tax head. The government exempts their 3 years income tax post the incorporation year. But they can avail it only after getting a certificate from the Inter-Ministerial Board.
• Registration Benefits: Everyone believes that incorporation and registration of business are far more difficult than running it. It is because of the long and complex steps of registration. Under the Startup India scheme, an application is there to facilitate registration. A single meeting is arranged to at the Start-up India hub. Also, there is a single doubt and problem-solving window for them.
• Government Tenders: Everyone seeks to acquire Government tenders because of high payments and large projects. But it is not easy to acquire the government tenders. Under this scheme, the startups get priority in getting government tenders. Also, they are not required to have any prior experience.
Start-up India scheme also provides Intellectual Property awareness workshop and awareness.
An organization that is formed by a group of people whose primary objective is the promotion of the economic interests of its members. This is achieved by the Cooperative sharing its profits amongst its members, in proportion to their contribution to the Cooperative’s business, from which its overall profits are derived. Cooperative societies are formed with the aim of helping their members. This type of business organisation is formed mainly by weaker sections of the society in order to prevent any type of exploitation from the economically stronger sections of the society.
Characteristics of Cooperative Society
1. Voluntary Association: The membership of a cooperative society is voluntary in nature, i.e. it is as per the choice of people. Any individual can join the cooperative society and can also exit the membership as per his/her desire. The member needs to serve a notice before deciding to end the association with the society.
2. Open Membership: The membership of a cooperative society is open to all i.e, membership is open to all, irrespective of their caste, creed and religion.
3. Registration: A cooperative society needs to get registered in order to be considered a legal entity. After registration it can enter into contracts and acquire property in its name.
4. Limited liability: The members of a cooperative society will have limited liability. The liability is limited to the amount of capital contributed by the member.
5. Democratic Character: Cooperative society forms a managing committee and elected members have the power to vote and choose among themselves. The managing committee is formed so as to take important decisions regarding the operations of the society.
6. Service Motive: The formation of a cooperative society is for the welfare of the weaker sections of the community. If the cooperative society earns profit it will be shared among the members as dividend.
7. Under state control: In order to safeguard the interests of society members, the cooperative society is under the control and supervision of the state government. The society has to maintain accounts, which will be audited by an independent auditor.
Types of Cooperative Societies
1. Consumer Cooperative Society
2. Producer Cooperative Society
3. Credit Cooperative Society
4. Housing Cooperative Society
5. Marketing Cooperative Society
INTELLECTUAL PROPERTY RIGHT
A trademark is a type of intellectual property that helps to protect your brand by distinguishing it from competitors. It is used to protect the name, logo, or slogan associated with a product or service from being used by others without permission.
TRADEMARK REGISTRATION
Trademark Registration plays a vital role in enhancing the business image and goodwill. Besides, this registration ensures the unique positioning of goods and services, thereby enabling businesses to reap more profit. Trademark registration can be obtained for words, logo, numerals, slogan, device and more in India. Trademark registration provides legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is however a long process involving multiple steps.
Before beginning the trademark registration process, the entrepreneur or a trademark professional must conduct a trademark search of the trademark database. A trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry.
A trademark registration application must contain the following information:
• Logo or the Trademark
• Name and address of the trademark owner
• Classification or Trademark Class
• Trademark used since date
• Description of the goods or services
TRADEMARK RENEWAL
A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business.
The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
The renewal can also be filed within six months after the date of expiry.
Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.
MANDATORY DOCUMENTS FOR REGISTRATION
• Applicant's identity proof
• PAN
• Aadhar Card
• Certificate of Incorporation (COI), in case of companies registered under Company Act, 2013
• Logo if it is applicable and available
• Address proof
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without the patent holder’s approval or consent.
WHAT CAN BE PATENTED
According to the Patent Act, an invention must be a new product or technique that incorporates an inventive step and can be used in the industry in order to be patentable. An invention must be technical and meet the following requirements in order to be patentable.
Novelty - The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.
Inventive Step - The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.
Industrial Applicability - Invention should possess utility so that it can be made or used in the industry.
ELIGIBILITY FOR PATENT REGISTRATION
A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:
• The true and first inventor.
• True and first inventor’s assignee.
• The representative of the deceased true and first inventor his / her assignee.
• According to the Patent Act, a "person" is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
• In the case of a proprietorship firm, the application should be made in the proprietors' name.
• In partnership firms, the names of all personally responsible partners must be included in the patent application.
• An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
• The applicant is required to disclose the name, address, and nationality of the true and first inventor.
Copyright is a right given by the law to the creators of original work in the areas of literature, drama, music, art etc. Copyright registration is done in accordance with the Copyright Act, 1957. With copyright registration, you may become a legal owner of your creative work in respect of books, paintings, music, video, paintings, website, mobile application etc. Copyright registration with the authority ensures that creative work of the author cannot be imitated. Copyright provides protection to the original works of the author.
WHAT THINGS CAN BE PROTECTED WITH COPYRIGHT REGISTRATION
Artistic works like painting, graphics and sculptures
Cinematographic film
Music work and sound recording
Literary works like books, computer programs, website ect
Dramatic works like scripts for films, dramas.
COPYRIGHT REGISTRATION PROCESS
• User Registration: The first step in Copyright registration is user registration on the website of government. After successful registration, the user will receive login ID and password.
• Filing of Copyright Registration Application: Copyright registration application is made in form XIV as per the first schedule of the rules along with the fee prescribed under the second schedule of the rules. This application must be signed by the applicant. The power of attorney is also required to be enclosed if required which must be signed by the party & accepted by the advocate.
• Submission: Once the application is submitted along with the necessary documents you will get dairy number (acknowledgment).
• Copyright Registration Certificate: The registration certificate will be issued by the authority if the application is approved. The whole process will take around 2 to 3 months in the normal course.
Various industrial designs are registered and protected through the process of Design Registration in India. The entire procedure of the Design Registration is governed under the Designs Act-2000 and the corresponding Designs Rules-2001. A unique industrial design points towards the conception of new and innovative features of a product, which are easily identified by the distinctive shape, formation, patterns, beautification and combination of such shapes or shades applied.
Often we come across products and articles which are recognizable simply by looking at their designs. Unique designs attract the attention of people and people tend to recognize the product primarily through its form, shape or structure. “Design” means features of shape, pattern, configuration, ornament or composition of colours or lines which is applied in three dimensional or two dimensional or in both the forms using any of the processes whether manual, chemical, mechanical, separate or combined which in the finished article appeal to or judged wholly by the eye.
ESSENTIALS OF DESIGN REGISTRATION
In order for the design to be registered and protected under the Design Act, 2000, it needs to fulfil the following essential elements:
• Novelty aspect: Novelty means newness. If a product’s design has a novelty aspect then only it can be registered. A combination of registered designs can also be considered, only if that combination produces new visuals.
• No prior publication of design and the design must be unique: The design should be unique in nature and should not be disclosed to the public anywhere in India or somewhere else in the world by way of use or prior publication or in any other way.
• Making application of design to an article: The design should be applied to the article itself. Without an article, registration of a design is not possible.
• Design should not be contrary to public order, morality or security of India: The design should not be prohibited by the Government or any authorized institution. It must be capable of registration under section 5 of the Design Act, 2000. The design which is against public morality or against the sentiments of people may not be allowed to get registered.
DOCUMENTS REQUIRED FOR DESIGN REGISTRATION
Following are the documents required to register a document in India:
• Name and detail address of the applicant
• Nature/legal status of the applicant i.e. whether the applicant is a natural person or company etc.
• For start-ups, the applicant should provide a certificate of registration.
• The applicant is also required to file the description of the ‘article’ along with the identification of the class as per the classification.
• Minimum 4 images/drawings of the article from every angle is to be filed along with the application.
LICENSES
The Agricultural & Processed Food Products Export Development Authority, commonly known as APEDA, was established in 1985 as per the prescriptions mentioned in the Agricultural and Processed Food Products Export Development Authority Act of 1985, aimed to develop and promote the export of scheduled products. It has been formed to offer financial assistance, guidelines, and information concerning planned product development. These prepared products have been listed in the Act mentioned above, and the exporters of such products are required to register themselves under the APEDA. In this article, we look at APEDA Registration and the essentials surrounding the same. The Agricultural and Processed Food Products Export Development Authority/ APEDA aims to promote the export of scheduled products as per the APEDA Act and the Central Government.
DOCUMENTS REQUIRED
The following documents are required for APEDA Registration.
Duly signed APEDA application form
Copy of Import-Export code issued by D.G.F.T.
Bank details and certification duly signed by the authorities.
Bank A/c. statement of the account of the firm (for latest 2 months)
Canceled cheque.
In case of a company, certified copy of MOA, In case of partnership firm, partnership deed is required.
As per the Factory Act 1948 it is mandatory for every factory owner to register their premises with the local authorities before commencing their business. Factory License acts as a document of approval given by authorities to carry out manufacturing activities. Department of the Factories and Boilers issues Factory License. It is the duty of Factories and Boilers Department to keep a check on the health, safety and welfare of workers.
Factories Act 1948, says that a factory must obtain its building plan approval from the labor and employment department before covering themselves for a factory registration. Under this act, registration and renewal of the Factory license are also done to ensure the safety of workers.
Documents Required for Site Plan Approval
Form-1 (Particular of Room in the factory)
Questionnaire to Form-1
Certificate of Stability
NOC of Fire
NOC of UPPCB
Process Flow Diagram
NOC From Local Body/Local Authority
NOC From Explosive Department
NOC From Others
Building Drawing Copy
NOC From Electrical Safety
Proof of Ownership of factory building premises
Notification of Site
Memorandum Article
List of Directors
Resolution for the declaration of Occupier
Safety Report
On-Site Emergency Plan
Health and Safety Policy
Documents Required for Registration
Photograph of Establishment
Identity Proof
DIN or PAN Card
Treasury Challan/Bank Name
Documents Required for Renewal
Form-4
Form-4B
Treasury or online Challan
IE Code (Import Export Code) registration is a mandatory requirement for businesses in India that want to engage in import or export of goods and services. It is a 10-digit code issued by the Director General of Foreign Trade (DGFT) under the Ministry of Commerce and Industry, Government of India.
The IE Code is a unique identification number that is used by customs authorities to track imports and exports from India. It is also used by banks for the purpose of remittances and other transactions related to international trade.
Any person or business engaged in import or export of goods and services from India needs to obtain an IE Code. This includes individuals, partnerships, LLPs, companies, and any other type of business entity. Even if the business does not plan to engage in international trade immediately, it is still advisable to obtain an IE Code to avoid any delays or complications in the future.
DOCUMENTS REQUIRED FOR REGISTRATION
a. Proof of establishment/incorporation/registration.
• Partnership
• Registered Society
• Trust
• HUF
• Others
b. Proof of Address can be any one of the following documents:
• Sale Deed, Rent agreement, lease deed, electricity bill, telephone land line bill, mobile
• postpaid bill, MoU, Partnership deed
• Other acceptable documents (for proprietorship only):Aadhar card, passport, voter id
• In case the address proof is not in the name of the applicant firm, a no objection
• certificate (NOC) by the firm premises owner in favor of the firm along with the address
• proof is to be submitted as a single PDF document.
c. Proof of Firm’s Bank Account
• Cancelled Cheque
• Bank certificate
d. PAN Card: The PAN card of the business or the proprietor or the partner of the firm.
e. Aadhaar Card or Voter ID or Passport: Any one of these documents are required as identity proof of the proprietor or partner of the firm.
f. Passport Size Photograph: Recent passport size photograph of the proprietor or partner of the firm.
g. Digital Signature Certificate (DSC): DSC is mandatory for filing IE code application.
In India, industrial licenses are regulated by the IDRA, 1951 Act, and are approved by the Secretarial of Industrial Assistance (SIA) on the recommendation of the licensing committee. The provisions of the Act restrict a licensed industrial undertaking from manufacturing a new article unless the license has been renewed or a new license has been obtained to include the new article.
Documents Required for Industrial License
The following documents need to be uploaded for obtaining the Industrial License:
Ownership Proofs
Certificate of Incorporation
Memorandum of Association/Article of Association
Board resolution certificate
The undertaking of the country of concern
FDI
Other relevant documents
Briefly indicate process involved in the manufacture of items
Details of company cases if any against the company /Director’
ISO registration refers to the process of obtaining certification from the International Organization for Standardization (ISO) for a company's quality management system. ISO is an independent, non-governmental international organization that develops and publishes standards for various industries, including manufacturing, healthcare, and services. ISO certification is a globally recognized standard that signifies that a company has a well-established quality management system in place.
COMMON CATEGORIES OF ISO
ISO 9001 certification ensures that you have proper quality management system implemented in an organization at all areas of the business.
ISO 14001 certification ensures that organization have implemented environmental management system that make business owners and managers more aware of their environmental responsibilities.
ISO 10012 specifies generic requirements and provides guidance for the management of measurement processes and metrological confirmation of measuring equipment used to support and demonstrate compliance with metrological requirements.
OHSAS 18001 specifies that company have effective health and safety management system.
ISO 20000 is a global standard that specify the requirements for an information technology service management (ITSM) system.
ISO 22000 certification ensure that organization has effective food safety management.
ISO 27001 specifies the requirements for establishing, implementing, maintaining and continually improving an information security management system within the context of the organization.
ISO 31000 certification is related to risk management for improving operational effectiveness and efficiency.
ISO 13485 specifies requirements for a quality management system where an organization needs to demonstrate its ability to provide medical devices and related services that consistently meet customer and applicable regulatory requirements.
ISO 17025 specifies the general requirements for the competence to carry out tests and/or calibrations, including sampling.
ISO 11135 specifies requirements for the development, validation and routine control of an ethylene oxide sterilization process for medical devices in both the industrial and health care facility settings, and it acknowledges the similarities and differences between the two applications.
ISO 26000 provides guidance on how businesses and organizations can operate in a socially responsible way.
CE MARK is a certification mark that indicates conformity with health, safety, and environmental protection standards for products sold within the European Economic Area(EEA).
ISO 50001 specifies and supports organizations in all sectors to use energy more efficiently, through the development of an energy management system (EnMS).
DOCUMENTS REQUIRED FOR ISO REGISTRATION
Copy of PAN Card
Copy of Aadhar Card or Voter Id
Passport Size Photograph of the applicant
Electricity Bill
Copy of Sale deed in case of owned property
Rent Agreement in case if the property is rented
For an organization, Certificate of Incorporation and MOA &AOA is also required.
MSME/SSI registration is a government initiative aimed at providing support and promoting the growth of micro, small and medium-sized enterprises in India.
The MSME sector plays a crucial role in the Indian economy, contributing significantly to employment generation, GDP growth, and export earnings. The MSME/SSI registration provides several benefits to businesses, such as access to government schemes and incentives, easier credit availability, lower interest rates, tax exemptions, and priority in procurement.
To register for MSME/SSI, a business needs to fill out an application form with the relevant details and submit it to the District Industries Centre or MSME Development Institute in their respective state. The application form can also be submitted online through the Udyog Aadhaar Memorandum (UAM) portal.
The documents required for MSME/SSI registration include:
Aadhaar card of the owner or authorized signatory
PAN card of the business
Business registration certificate
Bank account details
Details of the business activity, such as the type of industry, number of employees, and investment in plant and machinery.
RERA stands for Real Estate Regulatory Authority, which is a government body that was established in India under the Real Estate (Regulation and Development) Act, 2016. The main objective of RERA is to regulate and promote transparency in the real estate sector, protect the interest of homebuyers, and ensure timely delivery of projects by builders.
RERA registration is important for both homebuyers and builders, as it provides a platform for resolving disputes and ensures that builders complete projects on time and deliver them as promised. Homebuyers can also access all relevant information about the project, including the status of construction, approvals obtained, and any complaints filed against the builder.
REGISTRATION FOR AGENTS
Under the Real Estate (Regulation and Development) Act, 2016, real estate agents are required to register themselves with the concerned state's RERA authority before undertaking any real estate business. The primary objective of this registration is to regulate the activities of real estate agents and promote transparency in the real estate sector.
DOCUMENTS FOR AGENTS
PAN card copy
Address proof of agent/partners/directors
Address proof of office, from where business is conducted
Registration certificate, only if a firm or a company
Passport size photographs of agents, directors or partners
Last three years Income Tax Returns
REGSTRATION FOR PROMOTERS
Registration with RERA is mandatory for promoters or real estate developers before advertising, marketing, or selling any real estate project. The primary objective of this mandatory registration is to protect the interests of homebuyers and promote transparency in the real estate sector.
DOCUMENTS FOR PROMOTERS
o A copy of a PAN Card
o Balance sheet of last financial year- audited by CA
o Last three years Income Tax Return (ITR)
o Open parking area in the real estate project
o A copy of a title deed- a clear title of the promoter to the land should be specified
o All the details of encumbrances on which the development is proposed. It must have all the details like title, dues, interest, litigation etc.
o A self declaration stating all the allottee will have same rights, no discrimination will be done.
Details of all existing projects- status of the project, total area, built area, carpet area etc.
The Food Safety and Standards Authority of India (FSSAI) is an organization established by the Indian government to regulate and supervise the safety and standards of food products in India. It is responsible for ensuring that food products are safe for consumption and meet the required quality standards.
FSSAI License is a mandatory requirement for all food-related businesses in India, including food manufacturers, processors, packers, and sellers. The license is issued by the FSSAI after evaluating the food safety and quality management systems of the business.
To obtain an FSSAI License, a business must submit an application to the FSSAI and provide the necessary documents and fees. The FSSAI will then conduct an inspection of the business premises and verify the compliance of the business with the required food safety and quality standards. Once the inspection is completed and the FSSAI is satisfied with the compliance of the business, the FSSAI License is issued.
Fundamental Documentations required to Secure FSSAI Basic Registration:
1. Form A: This is the application form for FSSAI Basic Registration, which includes basic details such as the name of the business, address, and contact information.
2. Identity Proof: The business owner or authorized signatory must provide a copy of their identity proof, such as PAN Card, Aadhaar Card, Passport, Voter ID Card, or Driving License.
3. Address Proof: The business owner or authorized signatory must provide a copy of the address proof, such as a utility bill, rent agreement, or property tax receipt.
4. Food Safety Management Plan: The business needs to provide a written plan that outlines the steps taken to ensure the safety and quality of the food products.
5. List of Food Products: The business needs to provide a list of the food products they manufacture or handle.
6. Photo of the Business Premises: The business needs to provide a photo of the premises where food is manufactured or handled.
7. Declaration Form: The business owner or authorized signatory must sign a declaration stating that the information provided in the application form is true and accurate.
It is important to note that the above list may vary depending on the specific requirements of the FSSAI Basic Registration process. Therefore, businesses should refer to the official FSSAI website or consult with a qualified professional to ensure that they have all the necessary documents and information to secure FSSAI Basic Registration.
Procedure for applying for FSSAI Basic Registration
• Every petty FBO shall register themselves with the Registering Authority (RA) by furnishing a registration form (Form A) under schedule 2 of these regulations along with standard fee as cited in Schedule 3.
• The petty food manufacturer shall comply with underlying hygiene & safety norms cited in Part I of Schedule 4 of these norms & facilitate a self-attested document cum declaration of adherence to these norms with the form in the format cited in Annexure-1 under Schedule.
• The Registering Authority (RA) shall consider the application form and may either accord registration or revoke it with concrete reasons to be recorded in written or grant notification for inspection, within seven days of receipt of a registration form.
• In the case of an inspection being executed, the registration shall be accorded by the RA after being satisfied with the underlying conditions for safety, hygiene, and sanitary of the premises as cited in Part II of Schedule $ within the timeframe of 30 days.
The Shop and Establishment Act License is a state-level license that is mandatory for all businesses operating within a state, such as shops, restaurants, hotels, and other commercial establishments. The purpose of this license is to regulate the working conditions and safety standards of the employees working in such establishments. The Shop and Establishment Act License is a mandatory requirement for all businesses operating in India, including shops, restaurants, hotels, and other commercial establishments. This license is issued by the State Government and regulates the working conditions, employment rights, and other aspects of businesses in the state.
The Shop and Establishment Act License is important for businesses as it ensures that they operate in compliance with the regulations and maintain good working conditions for their employees.
Documents Required to Register Under Kerala Shops and Commercial Establishments Act
Applicants need to deliver the following documents to register
1. Employer or manager's details
2. Trust deed, partnership deed or documents of the association
3. Bank details
4. In case of rented shops, a rental deed
5. Total number of partners, directors or managers
6. PAN and Aadhaar details of applicants
7. List of employees and their name, address, date of birth, workplace designation and the year of joining
8. MOA or AOA
9. Certificate of incorporation
Establishments Exempted From Registration Under the Kerala Shops and Commercial Establishment Act
There are some exemptions in this act. These are as follows -
• Employees working in a management position in any establishment
• People who give services that involve travelling
• Central or state government undertaking establishments
• Establishments under local authorities
• Establishments under the Reserve Bank of India and cantonment authorities
• Shops and establishments in market places where temporary fairs are occasional
• Establishments that do not fall under the Factory act 1948
Spices Board Registration certificate is issued by the export promotion council of india to the manufacturer and merchant exporter of spices. There is a schedule of 52 spices which has been listed as mandatory for obtaining a spice board certificate before export. Application for spice board certificate can be only made from a person holding updated Import Export code from the Director General of Foreign Trade . The Spice Board Registration Certificate is valid for a period of three years and can be renewed upon expiry. It serves as proof of compliance with the guidelines and regulations set by the Spices Board and provides several benefits to businesses engaged in the spice industry.
Two types of applicants have to file for Spice Board Online Registration.
Merchant category of Exporter
Manufacturer category of Exporter
Documents required by the Merchant category exporter
Import Export Code
PAN Card
GST Certificate
Confidential bank Report showing the net worth of the company
Certificate of Incorporation/Partnership Deed/MOA – AOA
List of Directors/partners and their contact information.
If the company authorizes the applicant to file the application, then an authorization letter authorizing that applicant is also needed.
Documents required by the Manufacturer category exporter
Import Export Code
PAN Card
GST Certificate
Confidential bank Report showing the net worth of the company
If the company authorizes the applicant to file the application, then an authorization letter authorizing that applicant is also needed
Certificate of Incorporation/Partnership Deed/MOA – AOA
List of Directors/partners and their contact information.
MSME registration
FSSAI/ Pollution Control board Certificate
Lease deed or rent agreement in case the manufacturing premise is on lease or rent
Note the spices board registration fees would be different for both categories.
A trade license is a legal document or permit issued by the local municipal corporation or government to authorize a business or individual to carry out a specific trade or business activity within a specified area. It is a form of regulatory compliance that ensures that businesses are operating within the guidelines and regulations set by the local authorities.
A trade license is generally required for any business that engages in commercial activities such as manufacturing, trading, or services. It is mandatory to obtain a trade license before starting any new business, and it must be renewed annually.
The purpose of a trade license is to ensure that businesses are adhering to safety and health regulations, preventing public nuisance, maintaining cleanliness, and conforming to local zoning laws. A trade license also helps the government keep track of the number of businesses operating within a particular area and generates revenue for the local Municipal Corporation or government.
DOCUMENTS REQUIRED FOR REGISTRATION
The requirements for obtaining a trade license vary depending on the location and the nature of the business. Generally, to obtain a trade license, the following documents are required:
1. Proof of identity of the applicant
2. Proof of address of the business premises
3. Copy of the lease agreement or rent receipt
4. No-Objection Certificate (NOC) from the landlord
5. Business registration certificate
6. Other relevant documents as per the specific requirements of the local municipal corporation or government.
NGO REGISTRATION AND COMPLIANCES
NGO is a non-profit organization that functions independently. In India, NGOs can be registered as a Society, Trust and section 8 companies depending on the activity an individual wishes to undertake. A Non-Profit Organization is a voluntary group or institution that works for a social cause.
In common understanding of the status, NGOs are involved in carrying out the activities at a wide range only for the benefit of the society at large. The activities performed by the NGOs include but are not limited to-Environmental, Social, Advocacy and human rights work. NGOs work to promote social or political change on a wider scale and also play a critical part in developing society, improving communities, and promoting citizen participation. There are three legal ways an NGO can be registered, which are as follows: - (1) Trust (2) Societies & (3) Section 8 Companies.
What Documents are Required for NGO Registration?
Before a registered deed is delivered to an NGO, the Below-mentioned documents are required:-
• For Trust Registration
a) Objective of the Trust Deed.
b) Particulars of the Trustee and settlor (Self-attested copy Id and Address Proof along with the information related to occupation).
c) Trust Deed on Proper Stamp Value.
d) Photographs of Trustee and settlor.
e) PAN Card of Trustee and settlor.
f) Documentation for the Trust Registered Address. In the case of rented property (NOC from the Landlord is required).
• For Societies Registration
For a society registration, below-mentioned documents are required:-
a) Name of the society
b) Address proof of the working space.
c) Identity proof of all the 9 members
d) 2 copies of the Memorandum of Association and By-laws of the society
• For Section 8 Companies Registration
a) Copy of Identity Proof and Address Proof (Including PAN Card).
b) DIR-2(Consent of the directors) along with ID& Address proof
c) Utility bill not older than 2 months
d) Proof of registered office address
e) No objection certificate is required if the registered office is not taken on rent.
f) Affidavit regarding deposits
g) INC-14 -Declaration by Professionals
h) INC-15-Declaration by Promoters (INC-14 and INC-15 shall be on the stamp paper, duly notarized).
i) Estimated Annual Income
j) Memorandum of Association and Articles of Association
k) Particulars of the promoters as well as Board Members of the proposed company
REGISTRATION
The primary purpose of registering a company as a Section 8 Company is to promote non-profit objectives such as trade, commerce, arts, charity, education, religion, environment protection, social welfare, sports research, etc.
To incorporate a Section 8 Company, a minimum of two directors are required. Also, there is no requirement of minimum paid-up capital in the case of Section 8 Company.
In India, a non-profit organization can be registered under the Registrar of societies or as a Non-profit company under the Section 8 Company of the Company Act,2013.
DOCUMENTS REQUIRED FROM PROMOTERS
1. PAN card of first directors and subscribers;
2. Aadhar card of first directors and subscribers;
3. Latest Passport size photo
4. Email ID
5. Phone No.
6. Bank Statement (Residential Proof)(shall not be older than last 2 months)
7. Voter ID/Passport(Proof of Identity)
8. Director Identification Number(applicable only for persons who are already director in any other company/firm)
9. Digital Signature Certificate (DSC)(applicable to those who already taken the DSC to sign the documents)
10. No. of Shares Subscribe/ Amount guaranteed
ADDITIONAL DOCUMENT REQUIRED FROM DIRECTORS
1 Consent and Declaration by first Directors in Form DIR-2
2 Declaration by first Directors in Form MBP-1
DOCUMENTS & DETIALS REQUIRED FROM PROPOSED COMPANY
1 List of Directors
2 Latest Utility Bill of Registered office like Electricity Bill;(bill should not be older than 2 months)
3 NOC of owner if registered office is taken on rent/lease.
4 Notarized Rent Agreement of the Registered Office (if the office is taken on rent)
STRIKE OFF
Unlike other registered companies, a Section 8 entity does not have a straightforward procedure for shutting down their business operations. To serve this objective, first, they need to convert into a normal company and then surrender their license before the governing authority. The requirements have been cited under the governing legislation.
Reasons to strike off Section 8 Companies
• The company has failed to undertake its operation within one year of its incorporation.
• The company has remained non-operational for the preceding two financial years and has failed to seek for the status of Dormant Company u/s 455 of the Act.
• The object of Section 8 Company has been changed, and the company is finding it hard to align with it.
Mandatory Documents for Striking Off Procedure
• Special resolution and notice convening the meeting
• Memorandum of association (MoA)
• Articles of association (AoA)
• Board resolution
• Special resolution and notice of the general meeting
• Certificate issued by practising CA/CS/CWA
• Statement of the company’s asset and liabilities authenticated by the auditor
• Company assets valuation report by a registered valuer
• NOC by all the creditors, if any
• A declaration by the company’s directors
• Certificate of Incorporation
• PAN
• Memorandum of Association of company
• Article of Association of company
• Last year audited balance sheet & profit & loss A/c
• Audit report
• Copy of newspaper advertisement
• Digital Signature Certificate of existing director
Society refers to an institution in which a group of individuals with common interests collectively act together to serve some functions. Such societies are ruled by the Societies Registration Act of 1860, and the said Act is subjected to amendments. The provisions for society registration are cited under the said Act. Societies in India are usually formed for meeting charitable goals. Albeit registration of these institutions is not mandatory, it is ideal to obtain the same for better recognition and growth.
Eligibility Criteria for obtaining Society Registration
Any seven or more individuals associated for any scientific, literary, or charitable purpose, or for any such purpose as is mentioned under Section 20 of Societies Registration Act of 1860, may, by subscribing their names to MoA and authorizing the same with the Registrar of Joint-stock Companies form a society under the said Act.
Mandatory Documentations for Society Registration
Following are some mandatory documents required for Society Registration
a. PAN Card of all the serving members
b. Residence Proof of all serving members such as
c. Bank Statement
d. Utility Bill
e. Aadhaar Card
f. Passport
g. Driving License
h. MOA and AOA
i. Rules and Regulations of the Society
Covering Letter
A covering letter reflecting Society's proposed objective should be affixed to the application for society registration. It must enclose the signature of all founding members.
Proof of Address
A copy of the evidence of address where the Society's registered office shall be located along with a NOC from the landlord, if any, must be attached.
List of all Members
A listicle of all serving members of the governing body must be disclosed along with their signatures.
Declaration
A declaration must be provided by the Society's president clarifying that he is competent to hold the said post.
SOCIETY COMPLIANCES POST REGISTRATION
A trust shall, post-registration, shall address the following legalities:
• Secure PAN card
• Open a bank account with designated bank
• Bookkeeping & accounts
• Annual Income T filings
• GST registration, if applicable
• Professional tax registration, if applicable
• Compliance with the RoF - Filing of Annual General Meeting resolution, accounts to be disclosed, & memberlist to be filed with the RoFs.
Trust registration is a process of legalizing the trust deed (a legal contract between the settlor and Trustee) from the registrar of the respective jurisdiction. The Trust serves as a legal medium liable for the lawful distribution of the settlor’s assets among the concerned beneficiaries. The Trust comes into effect as soon as the registrar provides its authorization to the trust deed.
Fundamental Documentation Required for Trust Registration
• Proof related to Identity for Trustor & Trustee such as Aadhaar Card, Voter ID, Passport, DL
• Address Proof related to the Registered Office such as a Copy of the Certificate of Property/Utility Bills
• No objection certification from the Landlord if the property is rented.
• Trust deed's objective
• Detail about the Trustee and settlor such as Self-attested copy Id & Address Proof and occupation
• Trust Deed on Proper Stamp Value
• Trustee and settlor Photos
• Trustee and settlor
• PAN details
• Trust deed must reflect the following information:
• Number of trustees
• Trust registered address
• Proposed name of trust
• Proposed Rules that will govern the trust
• Presence of settlor as well as two witnesses at the time of registration of Trust
Form CSR-1 is a registration form for getting CSR funding by implementing agencies from the corporates. The Form CSR-1 is termed as Form for “Registration of Entities for undertaking CSR Activities”.
Documents Required for CSR-1 Registration
1. Copy of the registration certificate
2. Copy of the PAN of the NGO with Form CSR-1
3. DIN/PAN of the Director, Trustee, Secretary, etc. of the organization
4. Copy of the Resolution authorizing the person by the entity with Resolution number and date of the resolution
5. DSC of the person