Registration & Compliance
Jus Veritas: Simplified Registration and Compliance for Companies, LLPs, Partnerships, and Other Entities
Jus Veritas is a group of professional that aims to streamline and simplify the process of business registration and post-registration compliance in India. The professional provides a user-friendly interface for registering companies, Limited Liability Partnerships (LLPs), partnerships, and other types of legal entities, while also ensuring that businesses meet all the required compliance norms set by the Government of India.
In this guide, we will explore how Jus Veritas helps entrepreneurs, startups, and existing businesses navigate through the registration process, as well as ensure timely compliance with all relevant regulations.
Types of Business Entities in India
India provides several options for businesses to choose from when setting up their operations. Each business structure has its unique advantages, depending on factors like ownership, liability, funding needs, and taxation.
a. Private Limited Company
A Private Limited Company is one of the most popular business structures in India, especially for startups and entrepreneurs. It provides limited liability protection to its shareholders and can have up to 200 shareholders.
Key Features:
Limited liability for owners
Separate legal entity
Can raise capital through equity investments
Must have at least two directors and two shareholders
Compliance with stringent regulatory requirements (e.g., Annual Returns, Financial Statements, etc.)
b. Limited Liability Partnership (LLP)
An LLP is a hybrid business structure that combines the features of a partnership and a company. It provides limited liability to its partners, meaning that their personal assets are not at risk in case of business liabilities.
Key Features:
Limited liability for partners
Fewer compliance requirements than a Private Limited Company
Requires at least two partners
Suitable for small to medium-sized businesses
c. Partnership Firm
A Partnership is a traditional business structure where two or more individuals come together to run a business and share profits and losses. It does not provide limited liability protection.
Key Features:
No minimum capital requirement
Flexible management structure
Joint liability for the business
Easier to set up but lacks legal protection for personal assets
d. One Person Company (OPC)
An OPC is a new form of business entity introduced to allow a single entrepreneur to enjoy limited liability protection without the need for multiple directors or shareholders.
Key Features:
Only one member required
Limited liability protection
Flexibility of a company with a single owner
Suitable for sole proprietors seeking liability protection
e. Public Limited Company
A Public Limited Company is suitable for larger businesses and those wishing to raise capital from the public through stock exchanges. It must have a minimum of three directors and seven shareholders.
Key Features:
Limited liability
Ability to raise funds from the public through IPOs (Initial Public Offering)
Must adhere to strict regulatory norms
Formation of a Private Limited Company
A Private Limited Company is one of the most popular types of business entities in India. It is regulated by the Companies Act, 2013 and offers advantages such as limited liability, separate legal entity status, and the ability to raise capital from investors.
Key Requirements:
Name of the Company:
The company name should be unique and not similar to any existing company or trademark.
The name must end with “Private Limited” or “Pvt Ltd.”
Minimum Number of Members:
A private limited company requires at least two members (shareholders).
The maximum number of members is restricted to 200.
Directors:
A minimum of two directors are required. These directors must be natural persons and at least one should be a resident of India.
Directors need to obtain a Director Identification Number (DIN).
Registered Office:
The company must have a registered office in India, which will serve as the official address for all communication.
Documents Required:
Identity proof (Aadhaar, passport, voter ID, etc.) of directors and shareholders.
Proof of address (utility bills, rental agreements, etc.) of the registered office.
Memorandum of Association (MOA) and Articles of Association (AOA).
Digital Signature Certificate (DSC):
The directors need to obtain a DSC for filing documents electronically with the Ministry of Corporate Affairs (MCA).
Incorporation Filing:
The company must file the SPICe Form (INC-32) along with necessary documents with the Registrar of Companies (RoC).
Certificate of Incorporation:
After review, the RoC issues a Certificate of Incorporation, making the company a legal entity.
Formation of Limited Liability Partnership (LLP)
An LLP combines the features of a partnership and a company, offering limited liability protection to its partners while maintaining operational flexibility.
Key Requirements:
Minimum Number of Partners:
An LLP must have at least two partners. There is no maximum limit on the number of partners.
Designated Partners:
The LLP must have at least two designated partners, who are responsible for the operations of the LLP. At least one of them must be a resident of India.
Designated Partner Identification Number (DPIN):
Each designated partner must obtain a DPIN from the Ministry of Corporate Affairs (MCA).
Registered Office:
Like a company, the LLP must have a registered office in India.
Documents Required:
Identity proof of partners.
Proof of address of the registered office.
LLP Agreement outlining the mutual rights and duties of partners.
Incorporation Filing:
The LLP Agreement must be filed with the MCA using the Form 3.
The registration form FiLLiP (Form for Incorporation of Limited Liability Partnership) must be submitted along with the necessary documents to the RoC.
Certificate of Incorporation:
Once the documents are verified and approved, the RoC issues the Certificate of Incorporation.
Formation of Partnership Firm
A Partnership Firm is a business entity where two or more individuals share profits and liabilities. It is governed by the Indian Partnership Act, 1932.
Key Requirements:
Number of Partners:
A partnership requires a minimum of two partners and can have up to 20 partners.
Partnership Deed:
A Partnership Deed should be created and signed by all partners, specifying details such as capital contribution, profit-sharing ratio, and duties of each partner.
Registration of Partnership:
Although registration of a partnership is optional, it is advisable to register the partnership with the Registrar of Firms for legal validity and protection.
For registration, partners need to submit the Partnership Deed along with the necessary documents to the Registrar.
Documents Required:
Identity proof of the partners.
Proof of address of the firm’s office.
Partnership Deed.
Tax Registration:
The partnership must obtain Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).
If applicable, the firm must register for Goods and Services Tax (GST).
Formation of One Person Company (OPC)
The One Person Company (OPC) is a business structure introduced in India to encourage solo entrepreneurs while offering limited liability protection.
Key Requirements:
Single Member:
An OPC can have only one member, who will be the sole shareholder and director.
Director:
The OPC must have at least one director who must be a natural person and a resident of India.
Nominee:
A nominee must be appointed who will take over the operations in case of the sole member’s incapacity or death.
Registered Office:
OPC must have a registered office in India.
Documents Required:
Identity proof of the sole member and nominee.
Proof of address of the registered office.
Incorporation Filing:
The company must file the SPICe Form along with the necessary documents to the Registrar of Companies (RoC).
Certificate of Incorporation:
Upon successful verification, the RoC will issue the Certificate of Incorporation.
Formation of Public Limited Company
A Public Limited Company is suitable for larger businesses and those wishing to raise capital through public offerings or stock exchanges.
Key Requirements:
Minimum Number of Members:
A public company must have a minimum of seven members.
Minimum Number of Directors:
It requires a minimum of three directors.
Name:
The name must end with “Limited” or “Ltd.”
Registered Office:
A registered office in India is required.
Documents Required:
Identity proof of directors and shareholders.
Proof of address of the registered office.
MOA and AOA of the company.
Incorporation Filing:
The company must file the SPICe Form and the requisite documents with the RoC.
Certificate of Incorporation:
Once the RoC processes the application, the company will receive a Certificate of Incorporation, which is proof of its legal existence.
Other Business Entities in India
In addition to the above entities, there are other business structures such as Cooperative Societies, Societies, and Trusts which are formed under respective governing laws.
Cooperative Societies: These are formed to promote economic interests of its members, especially in sectors like agriculture, housing, and banking.
Societies: Registered under the Societies Registration Act, 1860, these entities are typically formed for charitable, religious, or educational purposes.
Trusts: Governed by the Indian Trusts Act, 1882, trusts are formed to manage assets for a specific purpose or for charitable causes.
How Jus Veritas Helps with Business Registration
Jus Veritas simplifies the entire process of registering various business entities by following government guidelines and ensuring all legal formalities are met. Here’s how the professional helps with each type of entity registration:
a. Registration of Private Limited Company
The process of registering a Private Limited Company in India involves several steps. Jus Veritas guides users through each step to ensure compliance with the Ministry of Corporate Affairs (MCA) and other relevant authorities.
Steps Involved:
Digital Signature Certificate (DSC): Obtain DSC for the proposed directors of the company, as it is required for signing e-forms.
Director Identification Number (DIN): Apply for DIN for each director, if they do not already have one.
Name Approval: Choose a unique name for the company and file the application for name approval with the MCA.
Drafting of Memorandum and Articles of Association (MOA & AOA): These are essential documents that define the company’s objectives and internal rules.
Incorporation Application: File the incorporation application with the MCA (using the SPICe form) along with relevant documents such as address proof, ID proof, etc.
Certificate of Incorporation: Once the application is approved, the MCA issues the Certificate of Incorporation, which legally establishes the company.
Jus Veritas streamlines these processes by providing templates for MOA and AOA, helping users choose company names, and facilitating online filing for all the necessary documents.
b. Registration of Limited Liability Partnership (LLP)
Registering an LLP involves a simpler process than a private limited company. Jus Veritas helps users complete the registration by ensuring compliance with the Limited Liability Partnership Act, 2008.
Steps Involved:
Digital Signature Certificate (DSC): Obtain DSC for the partners of the LLP.
Designated Partner Identification Number (DPIN): Apply for DPIN for the proposed partners.
Name Reservation: Submit an application to reserve the name of the LLP.
Draft LLP Agreement: Draft an agreement outlining the rights and duties of the partners.
Incorporation Application: File the application with the Ministry of Corporate Affairs (MCA) along with the required documents.
Certificate of Incorporation: Once the documents are verified and approved, the MCA issues the Certificate of Incorporation, registering the LLP.
Jus Veritas offers an easy-to-use interface for these steps, making the registration process faster and more efficient.
c. Registration of Partnership Firm
The registration of a Partnership Firm in India involves fewer formalities compared to companies and LLPs, but it is still essential to follow proper procedures to ensure legal recognition.
Steps Involved:
Choose a Partnership Name: Select a unique name for the firm.
Partnership Deed: Draft and execute a partnership deed that defines the roles, responsibilities, and profit-sharing ratio among the partners.
Register the Partnership Deed: Register the partnership deed with the local Registrar of Firms.
Obtain PAN and TAN: Apply for the PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) for the partnership firm.
Obtain GST Registration (if applicable): If the partnership firm is involved in the supply of goods or services exceeding a certain turnover, it must register for Goods and Services Tax (GST).
Jus Veritas simplifies the drafting of partnership deeds and assists in the online registration process for obtaining PAN, TAN, and GST registration.
Post-Registration Compliance
Once a company, LLP, or partnership is registered, there are ongoing compliance requirements mandated by the government. Jus Veritas ensures that businesses remain compliant by providing tools and services for timely filings and adherence to legal obligations.
a. Compliance for Private Limited Companies
Filing of Annual Returns: A private limited company must file its annual return with the Registrar of Companies (RoC) and hold an Annual General Meeting (AGM).
Filing of Financial Statements: Companies must file their balance sheet, profit & loss account, and auditor’s report with the RoC annually.
Income Tax Returns: A company must file its income tax return (ITR-6) annually, detailing its earnings, deductions, and tax liabilities.
Appointment of Auditor: The company must appoint an auditor annually and ensure the financial statements are audited.
Board Meetings and Shareholder Meetings: Regular board meetings and shareholder meetings must be held, and minutes of these meetings must be maintained.
Jus Veritas offers reminders, templates, and tools for managing these compliance tasks effectively.
b. Compliance for Limited Liability Partnerships (LLPs)
LLPs have fewer compliance requirements than private limited companies, but there are still important filings to be made:
Annual Filing of LLP Form-11: An LLP is required to file a statement of account and solvency annually with the Ministry of Corporate Affairs (MCA).
Income Tax Returns: LLPs must file annual tax returns under ITR-5.
Maintaining Proper Records: LLPs must maintain accounting records and have them audited if required.
Jus Veritas simplifies these filings by automating reminders, providing forms, and ensuring timely submission to the MCA.
c. Compliance for Partnership Firms
Partnerships have less stringent compliance requirements, but the following are essential:
Income Tax Returns: A partnership firm must file income tax returns (ITR-5) annually, reporting its income, deductions, and taxes payable.
GST Compliance: If the partnership firm crosses the GST threshold limit, it must comply with GST regulations, including filing GST returns.
Jus Veritas assists partnerships by providing templates for tax filings, GST filings, and reminders for filing deadlines.
Why Choose Jus Veritas for Business Registration and Compliance?
a. Simplified Registration Process
Jus Veritas offers an easy-to-follow professional that guides users step-by-step through the registration process for various business entities. It eliminates the confusion around forms, documentation, and government procedures.
b. Comprehensive Compliance Assistance
Post-registration, Jus Veritas ensures that businesses remain compliant with all regulatory requirements by automating reminders for tax filings, statutory audits, and annual returns. The professional also helps businesses with tax calculations and ensures timely filings.
c. Expert Guidance
Jus Veritas provides access to professional experts who can assist businesses with registration and compliance. Whether it’s a startup, SME, or large corporation, the professional offers tailored solutions to meet the unique needs of each business.
d. Cost-Effective Solution
Using Jus Veritas saves time and money by automating many of the processes involved in registration and compliance. It is an affordable solution for businesses of all sizes, reducing the need to hire multiple consultants or professionals.
e. Legal Support and Documentation
Jus Veritas offers support for drafting legal documents such as MOAs, partnership deeds, and LLP agreements. The professional ensures that these documents comply with Indian laws, reducing the risk of legal issues.