Importance of Company Registration

Summary

Company Registration is a good step if properly planned and registered. But, now you say, the Company Registrations is Costly? Find out why Company Registrations is best

You've probably noticed Private Limited or Limited Company written at the end of the company or you have been worked with Private Limited. These Pvt or Ltd. are Registered Companies in India and their business are very well verifiable at public database of MCA website.

An effort have been made to find out the best options before coming into company formation.

So, which is better, Proprietorship? Partnership? Pvt. Ltd? OPC company? Nidhi? What type of license like Fssai? ISO? Startup? What is the cost? Let's sit down and talk about it.

The Benefits under Company Registration

Limited Liability

• The directors and shareholders of the company have no personal liability towards of any unfortunate event happens like, business loss, failure in the business.
• Hence Registered Company protects the personal assets of the directors, shareholders in the unfortunate event which is not in control with anybody.

Legal Entity status or Recognition:

• The registered company like, Private Limited or Limited Company, LLP, Nidhi company, exists separate from its directors or Members, Registered company status enables you to taken more seriously than other unorganized business like firms.
• Operations of Registered company gives more confidence to the suppliers, Bankers who will prefer to dealing with Registered companies.
• Easy to attract to talented workforce and achieve strategic goals through employees by designating wide range of positions like Executive directors, operation directors etc.

Existence of the company remains forever

• One of the popular saying that, Directors or promoters may come and go, but the existence of the Company remains forever. it has separate Legal existence from the eyes of law.
• Once company registered it remains alive, until it's closed down as per Companies Act, 2013.
• The death of the promoters, directors does not affect the continuity of the company.

Big Project cost and Risk factors

For businesses which needs high capital outflow, usage of hi-tech systems, wherein financial stake is high, Banks and financial institutes prefer the Registered company and insist to have legally registered company.

Easy Transferability

Directors, management of the company can easily transfer there stake from one to another, This will saves time, money of the business owners, and saves big amount of stamp duty.

Dual Relationship

In the company form of business, separate share-hodlers agreement can be executed between company and with its Directors, promoters etc.

It's also possible, the promoter become an employee of the company and draw salary.

The person at the same time become, Shareholder, director, employee, creditor of the company example:

• As a director, he can draw a salary from the company
• As a shareholder, he can draw dividends from the company
• As a landlord/lesser, receive rent from the company
• As a creditor, he can lend and receive interest from Company
• As a supplier, he supplies the goods or services from his family business to company.

Borrowing capacity

As a company, it has better avenues for borrowing of funds to business. It can issue Debenture certificates, private placement, issue of preference share capital etc. accept deposits from public, even it borrow money from banks, as they prefer to lend to Companies rather than Firms and proprietorships.

Taxation benefits

Payment of tax is only on the net-profit, the taxable net-profit arrived after offsetting all types of expenses, salary to directors, reimbursement etc, which reduces the net taxable income drastically and result is minimal or lower tax on the company Net profit.

Raising money from Public

Limited companies can raise large amount of capital from public by issue of shares and deposits. Private companies raise capital from issue of debentures, private placement etc.

Maintenance - cost

For the amount of money you spend, to manage the company compliance is depending upon the company Turnover and invested capital, license you required, but keeping company with good compliance, certainly get good will out of market. Think of the per-year cost of compliance cost ranges from INR 8,000-50,000 depending upon the turnover, paid-up capital of the company.

TYPES OF COMPANIES

Pvt Ltd company or private limited company registration

The most preferred Company in the industry is Private Limited, which enables business to start quickly with minimal procedure, minimum 2 people can start this as promoters cum Directors can start a private company within 3 days of time. It enjoys all those company benefits with seamless business across the industry. The maximum number of promoters or shareholders allowed under Pvt is 200 only.

One person company registration or OPC

as the name suggest, its one person Shareholder company, where the business owner control is with one person only, all the benefits exists from Company can be utilized under OPC, the restriction under OPC is the maximum turnover limited to 2 Crore only

LTD or Limited Company

Under the limited company, where there is no limit in the number of shareholders to join, where business looking large-scale operations, and big chunk of cash resource from public, LTD company is ideal. The minimum director criteria is 3 directors and 7 promoters to format the public company, which has wider capital access.

LLP Registration

• The Limited Liability Partnership Firm (LLP), is an advancement of traditional Firm and few characteristic of Company, the LLP Registration cost and Maintenance is quite cheap compared to other types of Registration.
• The LLP's type of business is ideal, where the business purely on service oriented and risk sharing is quite high. The main disadvantage under LLP's is, the public perception about capital pooling from Banks and financial institutes. We recommend LLP for small service providers, consultants, freelancers, professional service providers who intend to avail the various benefits.
• LLp registration in Bangalore, Karnataka can be done within 5 working days.

Nidhi Companies or NBFC

• To run the financial institution within in the group of members, Nidhi business is ideal.
• Members of this group, make deposit, borrow money for there mutual benefits. As per section 406 of the companies Act, 2013, nidhi Company is not required to comply on the RBI.

NGO or Registered NGO

• It's purely for social welfare, education, healthcare, you can start with the main objective of public service, social reforms as per there deed signed between the settlors and management.
• If you have a Registered NGO, with 80G and 12A registration, then you can list for the Corporate social responsibility(CSR) fund pooling eligibility from the corporate world.

Unincorporated entity

• Single owner Proprietorship Business not required any license, as this is linked to person individual PAN number for all his business transactions. It's suitable for business where exposure is very less like income is below Rs.50,000 per month. The cost for running is very less, if you're starting a small business for family income and working yourself only then, consider of proprietorship is the best option, as its suits for Boutique, a coaching center, small food hub, freelancers. The immediate advantages are easy formation, minimum compliance; you start it and then take GST if required. the disadvantage under this is, less access to capital; people perceive proprietorship as a tiny business.
• Firm Registration is also, unincorporated entity like proprietorship business, where here the owners are more than 2 number, it can be formed by just entering an agreement between the 2 or more people or it can been registered through respective State Act, wherein, the firm registration in Bangalore has been decentralized based on the zone and the visibility of business is zero, this is suitable for business where they have limited resources and minimal risk exposure in the business. Under partnership, partners has to share the risk of the business. Partnership firm registration cost ranges from INR 10K to 12K, the registration of firm gives separate PAN card.

Types of License Required

Fssai or Fssai Registration or Fssai License

The Fssai Registration is must, where the objective of the business is to do hotel/ food industry, retail of food items, selling in online market like Zomato, Swiggy. The Fssai License cost is based on the business turnover, the basic cost for License cost starts from Rs.2500 for the business turnover up-to Rs.11 Lac.

Dipp Registration or Startup India Certificate

Government, to promote the business and industry, the startup India scheme has been rolled out. The registration is voluntary. This gives host of benefits under startup like tax benefits for 3 years, easier compliance, IPR benefits, bank loan subsidy, etc.

Shop and establishment registration or Shops and Establishment

in Karnataka, every business shall make shops and establishment registration, The registration is online by login into ekarmika enables for access of registration with few documents. The Government fee to get registration is based on the total number of employees. For Zero employees the cost is Rs.300 only.

Trade license registration

In Karnataka, if you have business carrying any business which has been listed under X of Karnataka Municipal Corporation Act, are mandatorily required to obtain Trade License from BBMP. Business are commonly covered under Trade license are: Food processing units, Hotels, Marriage halls, nursing homes etc., Trade license cost is based on the location, total measurement area of the business.

ESI PF Registration

If you have employees for 20 and above, then PF and ESI registration is compulsory. The PF can register voluntary basis even the employee count is less than 5 numbers for the benefit of retirement benefits. There is no Government fee for registration of PF and ESI

PT or professional tax registration

It is levied by State Government, PT is must be registered the person who is engaged in the business or services. The yearly PT renewal cost is Rs.2500, and the employees salary if exceeds Rs.15,000 per month, has to pay Rs.200 as PT.

ISO 9001 certification or ISO certification

It's a certificate about the quality management system followed by a Company. it's a voluntary Certificate and it brings attention the customer about the quality management, continual improvement, process approach. The cost of the ISO certification starts from Rs.3000.

Minimum Requirement for Formation Companies

• Minimum paid up capital of private company
• Capital can start from INR 1 to no limit based on your business requirement
• List of Directors as per Company structure and there shareholding pattern
• Legal papers like director KYC documents

Documents and procedure

After you choose a form of business you want to start, the below documents are required.

• Collecting the Directors Pan, Aadhar card, Photo, Email, Mobile number.
• Validating the documents, and apply for Name reservation
• Apply for DSC and DIN number
• Apply for Name Reservation
• Registration of a Company

Time for Registration

• Registration online
• Once the required documents are received then in the next Five days, Registration is online within 5 working days.
• Mca registered company
• Ministry of Corporate Affairs is the custodian and issues the Certificate of Registration within 3 working days from submission of complete records

Registered Company Wins

When it comes to goodwill in the general public, other stakeholders, registered companies obviously wins out.