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Get Professional Assistance for Company Formation in India

India is one of the fastest growing economies in the world with plenty of opportunities for business startups. Therefore, many new players are always looking to enter the Indian markets or expand their existing businesses to leverage India’s competitive advantage. Whether it be a foreign company eyeing a business set up in India, or an Indian company looking to expand, The Companies Act, 2013 governs all such entities and makes it necessary for them to register. We at IMC Group cater to all the requirements regarding such company formation in India.

Types of Business Structures in India

Sole Proprietorship

This type of business is operated and managed by a single person. There are no such registration formalities, and they are recognized by other registrations like sales or service tax registration and therefore, it is very famous among small traders and merchants.

Key features

Unlimited Liability:

Here, the owner and firm are not separate legal entities and therefore, the owner is responsible to pay off everything. This is the reason why sole proprietorship is suited only for small businesses.

Easy to set up and carry on:

Since there are no separate formalities for registering a sole proprietorship business in India, anyone can easily start it without any professional help or prior knowledge. If you are dealing with some specified commodity, you just need a license or permit to sell the same.

General Partnership

This is a business structure in which two or more than two people handle the business operations following the objectives and terms stated in the Partnership deed. This structure has become a less viable option for people after the introduction of limited liability partnerships where partners are not liable to pay from their personal assets. However, easy and optional registration, low-cost setup, and minimum compliance makes it a good choice for several small scale businesses.

Key features

Unlimited Liability:

The partners in the business are liable to pay off all the debts of the firm if it fails to do so. Also, if the partners choose to opt for registering the firm, the process may be very costly. Therefore, if you don’t have a comparatively small business then choosing a general partnership structure is not a good idea.

Easy to Start:

If you do not wish to register your firm your business can start just after your partnership deed is ready. However, if you wish to register the firm then also the time taken will be less in comparison to the LLP registration process.

Relatively Inexpensive:

Since there are not many minimum compliances associated with General partnership, it is easy to start. The registration process is also very basic and not so lengthy, as in the case of an LLP.

Limited Liability Partnership

This is an improvement in the general partnership because the partners have limited liability and offer each of the partner protection from misdeeds. negligence, or incompetence of the other partners. It is also considered as a relatively cheaper approach to incorporate features of a Private Limited Company.

Key features

Startup cost:

Starting an LLP is comparatively cheaper than setting up a private limited company because there no compliance costs or paid-up capital associated with it.

Suited to non-scalable businesses:

If your business does not require an equity funding then LLP is the most suited option because it incorporates features of both Private limited company and general partnership.

Tax Advantages:

The tax surcharge applicable to companies with profits above 1 crore does not apply to LLPs. Also, the loans given to partners are not taxable.

Number of Partners:

No limit is defined on the number of partners in an LLP.

One-Person Company

This is a newly introduced business structure that gives the single business owners entire control over the operations of his/her company and limits his/her liability towards the business. There is no scope of raising an equity capital since the owner of the company is also the director and the only shareholder.

Key features

Suited to Solo Entrepreneurs:

It is made to suit the limited liability requirement of a sole-proprietor. However, after exceeding a certain turnover or profit amount, the OPC needs to get converted into a Private Limited Company.

Compliance Requirements are Higher:

The owner will have to comply with various requirements of the MCA like conducting a statutory audit, submitting annual and IT returns because there are no such AGMS of an OPC.

Tax Advantages:

There are some industry-specific benefits that an OPC enjoys, just like a Private Limited Company. However, taxes are payable at a flat rate of 30% on profits, MAT applies, as does DDT. But, if you are looking for a business structure with a maximum tax benefit, then LLP is a better option.

Number of Partners:

No limit is defined on the number of partners in an LLP.

Private Limited Company

This type of business structure is increasingly preferred by startups because it allows outside funding to be raised easily, limits shareholder’s liability and gives them permission to offer ESOP to attract top talents in the organization. Since private limited companies are required to hold board meetings and file an annual return to the MCA, they are seen as more credible organizations as compared to any other mentioned-above.

Key features

Limited Liability
High Start-up Cost
Greater Compliance
Fewer Tax Advantages

Branch Office

Foreign companies that are engaged in trading and manufacturing activities abroad are allowed to set up a Branch Office in Indian Territory for the enlisted purposes:

Import/Export of goods, rendering consultancy or professional services
Performing the research work where the parent company is already engaged
Promoting financial or technical collaborations between the parent or overseas group company and the Indian companies
Representing the Indian parent company and performing as buying or selling agents in India
Rendering services in India related to Information Technology and software development
Rendering technical nature support to the products that are supplied by the group/ parent companies
Foreign shipping or airline company

A branch office does not have permission to carry out the manufacturing activities all on its own, but it is permitted to subcontract those activities to any random Indian manufacturer. Branch Offices that are established with the RBI’s approval, may remit profit from outside India of that branch, net of the Indian taxes applicable and subject to the guidelines and Permissions from RBI for setting up branch offices is granted by the RBI itself.

Why Choose IMC for Company Formation in India?

IMC Group simplifies company formation in India by providing all services under one roof, reducing regulatory and transaction risks. We help structure the right legal framework tailored to your business objectives.

Documents Required for Company Registration in India

Registering a company in India involves submitting several essential documents, which may vary by company type. The commonly required documents include:

Mandatory PAN card, and one of the following—Aadhaar card, Passport, Voter ID, or Driving License. Passport-sized Photographs of Directors

Recent utility bills (not older than two months), rent agreement and NOC from the owner if rented, or sale deed/property tax receipt if owned.

A declaration by directors agreeing to their roles

Confirming eligibility and compliance under the Companies Act.

Outlines the company’s objectives and scope.

Details the internal management rules, including shareholder and director duties. Details the internal management rules, including shareholder and director duties.

All directors must sign documents digitally.

Obtainable online via the Ministry of Corporate Affairs.

This may include board resolutions, consent letters, or NOCs based on specific registration requirements.

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Different Business Establishments in India

Particulars	Private	Public	OPC	LLP
Min Directors	2	3	1	2 Designated Partner
Max Directors	15	15	15	N/A
Min Members	2	7	1	2
Max Members	200	Unlimited	1	No Limit
Resident Director	1 Mandatory	1 Mandatory	1 Mandatory	1 Designated Partner
Transfer of Ownership	Ownership can be transferred	Ownership can be transferred	Ownership can be transferred to nominee in the event of death of owner	Ownership can be transferred
Subscription of shares	Public subscription not allowed	Public subscription not allowed	Public subscription not allowed	Public subscription not allowed
Managerial Remuneration	No limit for managerial personnel	Shareholder approval is required, if remuneration payable is above limits	NA	Remuneration is based on LLP agreement
Commencement of Business/Operations	Declaration to be filed prior to commencement	Declaration to be filed prior to commencement	Declaration to be filed prior to commencement	Immediately after obtaining certificate of incorporation
Legal Status	Pvt Co is a separate legal entity registered under Companies Act, 2013. The Directors are liable for defaults made under the act	Public Co is a separate legal entity registered under Companies Act, 2013. The Directors are liable for defaults made under the act	OPC is a separate legal entity registered under Companies Act, 2013. The Directors are liable for defaults made under the act	LLP is a separate legal entity registered under LLP Act, 2008. The Designated partners of LLP are liable for contraventions under the act
Governing Act/ Law	Companies Act, 2013	Companies Act, 2013	Companies Act, 2013	LLP Act, 2008
Annual Statutory Filings	Annual statement of accounts & annual return with ROC	Annual statement of accounts & annual return with ROC	Annual statement of accounts & annual return with ROC	Annual statement of solvency & annual return with ROC
Annual Filings & Audit	IT return to be filed. Audit mandatory	IT return to be filed. Audit mandatory	IT return to be filed. Audit mandatory	IT return to be filed. Audit mandatory in case turnover exceeds INR 40 lakhs or contribution exceeds INR 25 lakhs

Process of Company Registration in India

Minimum Requirements:

Minimum 2 Directors
Minimum paid-up capital of Rs. 1,00,000/-
Digital Signatures for all Directors
Minimum 2 Shareholders (both directors and shareholders can be the same)
Proof of Registered Address
DIN for both Directors
Consent from subscriber or director
NOC from the premises owner

Now, you can understand the company registration process through the following steps.

Obtaining Digital Signatures:

At least one director must apply for the Digital Signature Certificate (DSC), which is mandatory for filing the company registration documents. Only a few scanned documents and details will be required for completing the procurement process. DSC is compulsory for signing the E-forms relating to incorporation life Form INC-1 and other documents of the company.

Filing of Name Availability Application:

Apply to the concerned ROC for ascertaining the availability of names in INC-1 of General Rules and Forms along with the prescribed fee. If the name you propose is not available then apply for a fresh name on the same application form. MCA has duly prescribed certain rules for the name availability step, so it is advisable to thoroughly check guidelines for the same before actually applying.

After the name approval of the applicant, the ROC will immediately issue a Name availability letter concerning approval for the availability of a name for your proposed company. The name will have validity for a period of sixty days from the date on which the application for the reservation was made. The applicant is eligible to apply for registration of the new company by filing the required forms INC-1, within six months of completion of the name approval.

Drafting the MOA & AOA:

After your name is approved, make arrangements for drafting the Memorandum and Articles of Association by the legal practitioners, vetting of the same by ROC, and then printing of the same
Then, make arrangements for their stamping with the appropriate stamp duty
The main objects of your company must strictly match with the objects shown in e-form INC-1
The articles must also be presented in respective forms as prescribed in Tables F, G, H, I, and J in Schedule-1 as applicable to your company
Get them signed by at least two subscribers in his own hand with his father’s name, address, occupation, and the number of shares subscribed for along with at least one person witnessing the process
Ensure that these documents are dated on a date that falls after the date of stamping
The memorandum must be presented in respective forms as prescribed in Tables A, B, C, D, and E in Schedule-1 as applicable to your company

Filing various forms with the ROC:

The following documents are necessarily required to be filed with the ROC for setting up a private limited company:

Memorandum of Association with a duplicate thereof. (duly stamped)
Declaration by specified Professional in INC-8
Residential Proofs
Verification of the Signatures of all subscribers in Form INC-10
A copy of the letter of the Registrar of Companies clarifying the availability of the duly proposed name
Articles of Association with a duplicate thereof. (duly stamped)
Affidavit by the subscriber to the Memorandum in Form no. INC-9
Identity Proofs
e-Form No. 1, with all the prescribed stamps, for Company incorporation
Documents that evidence the payment of prescribed registration and filing fees

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Company Formation in India - FAQs

Is a registered office address required for company registration in India?

Yes, a registered office address in India is mandatory for company incorporation. It is used for all official communications and must meet all legal requirements.

What should investors consider when opening a company in India?

Investors need to register statutory documents, including the articles of association and memorandum of association, signed by a company secretary. They must also pay registration fees, including stamp duty. Once these steps are completed, they’ll receive a certificate of incorporation to proceed with tax registrations and other essential operations.

What is the timeline for registering a company in India?

The registration timeline for a company in India typically ranges from 15 to 30 days, depending on the company type, documentation accuracy, and the Registrar of Companies (ROC) processing time.

What are the benefits of company formation in India?

Setting up a company in India offers legal protection from business risks, builds trust with customers and investors, and strengthens market credibility. It also improves access to funding, attracts skilled employees, and ensures a smooth exit process with minimal paperwork.

How long does it take to register a company in India?

The process usually takes 10-15 working days, subject to the company type, document readiness, and regulatory approvals.

What are the essential requirements for registering a company in India?

The requirements vary by company type. A Private Limited Company requires at least two directors and two shareholders. A One Person Company (OPC) needs one director and one shareholder.

What is a sole trader in India?

In India, a sole trader or individual entrepreneur operates a business under their own name, managing all aspects single-handedly. They bear full personal liability for financial issues such as debts and bankruptcy due to no legal separation from the business. However, they benefit from straightforward registration and minimal regulatory requirements.

How can I check if a company name is available in India?

To check a company’s name availability in India, visit the Ministry of Corporate Affairs (MCA) portal and use the name search tool to confirm uniqueness and compliance with the Companies Act.

Can a foreign national register a company in India?

Yes, but at least one director must be a resident of India, having stayed in the country for a minimum of 182 days during the financial year.

What are the requirements for company registration in India?

As per the Companies Act 2013, a company in India must have at least two directors, a unique name, a minimum capital contribution, and a registered office.

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