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Start Up Start Company: Start Business in India
Start Up Start Company: Start Business in India
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START BUSINESS IN INDIA
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We Believe That You've Decided To Start Your Journey Into Business Arena. Let’s Take You
To One Step Closure To Know One Person Company Incorporation Process And Its Implication On
Business Structure. You Don't Have Excess Paperwork To Start An OPC.
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What is One Person Company (OPC)?
Earlier, there was no provision for a single person to start a company on its own without the
involvement of any other person. In order to encourage and support entrepreneurs who do not
want to involve any other person as an economic entity, the concept of OPC was set in motion
through the Companies Act, 2013 under Section 2(62). Under OPC one can avail the benefits of
a sole proprietorship and company.
The biggest advantage of OPC is – that there can be only one member as sole owner who will be
responsible for all the economic and organisation decisions. It is mostly preferred for the micro-
businesses.
Similar to private limited company, an OPC also have a capital requirement. This capital is
introduced by the shareholder. The capital amount can be introduced in two forms -
The minimum amount of authorized share capital, with which a company can initiate the
registration process, is 1 lac INR. However, there is no minimum cap on limit of paid up capital.
An OPC private limited company also has a certain set of rules and guidelines which are
confined in MOA and AOA. Memorandum of Association (MOA) and Articles of Association
(AOA) are the master documents of the private limited company determining the guidelines,
mutual rights and duties between directors and shareholders. MOA comprises of 6 clauses –
Name clause – under this the name of the company is specified. The name is selected as per
the Rule 8 of Companies Act, 2013. It should not be identical to any existing company’s name
or with any trademark.
Registered Office clause – This clause helps to determine the state jurisdiction of Registrar of
Companies.
Object clause – In this clauses, one defines the object of the company. The object comprises
of all the activities or work to be carried in the organization. The company involve in any
activities outside their company’s object.
Liability clause – under this clause, the liability of the shareholders is defined. In case of the
company limited by shared, the liability of the members or the shareholders is restricted by
the amount each member has agreed to contribute.
Capital clause – This clauses defines the maximum number of share the company can issue
AOA (articles of association) defines the set of rules and regulations for the management. It lays
down the internal guidelines to be followed in the organization.
Key highlights of OPC private limited company -
Limited Liability – The limited liability shields the share holders from personal liability and
protects from other risks and losses.
Attracts more vendors as well as employees
Procures good investment from reliable investors.
Increases the potential to grow and expand
Address proof of company registered office (Rent agreement, Possession letter etc.)
If above benefits & Liabilities satisfy your business requirement, then OPC might best suit your
business needs. Now in order to run One Person Company, a little more preparation will
definitely go a long way.
Our expert CA / CS will help you to identify the various types of licenses
/Registration/Permits required to start your One Person Company.
For example, to start your food business as an OPC, you might need to register with
FSSAI or get FSSAI License.
Liabilities of a Private Limited Company
OPC must nominate a nominee director in the MoA and AoA of the company, the nominee
director will become the owner of the OPC in case the sole Director gets disabled.
NRI’s or Foreign nationals cannot own a One Person Company
File annual returns with MCA (Ministry of Corporate Affairs)
Annual account audit by a CA is mandatory
One Person Company requires filing the annual return with the Income Tax Department
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Each company in India has to follow a set of compliances as set by different other regulatory
bodies. The ‘Company Annual Compliance’ regimes need companies to gather their business
information and update the regulatory bodies such as Ministry of Corporate Affair (MCA), Income
Tax Department other regulatory bodies.
Limitation of OPC –
OPC must be converted to a private limited company when –
Future Plan
In case your OPC exceeds annual sales turnover by Rs.2.00 crores or the paid-up capital
exceeds Rs.50 lakhs, then it's mandatory to convert your OPC into a Private Limited Company. A
private limited company has less limitations and less liabilities as compared to OPC.
Connect with the team corpseed to discuss specific requirements for your business at IVR: +91
7558 640 644 or hello@corpseed.com. It takes 20-25 minutes to discuss requirement.
Dedicated Manager
Once you discuss the requirement, we will align a dedicated Account managers to understand
your business needs and provide solutions and assist entire process.
Real Time Update
Use our platform to track progress of application and many more. Always know what is going on
with your project, what is in progress, and what is done.
Job Completed
Once job is completed, you will receive complete registrations & certifications directly to your
email ID and at your doorstep
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Starting Business Is The Toughest Decision One Can Take And In Return, It Gives You The
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Take You To One Step More Closer To Know Partnership Company Process.
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It is an upgraded version of general partnership and the partners are knows as Designated
Partners. In LLP partners can enjoy the benefit of limited liabilities. The registration of LLP is a
very simple process and is proffered most as it has lesser compliance to follow. LLPs are most
recommended for professional firms, micro and small businesses that are family-owned or
closely-held.
The partners in LLP have limited liability, meaning that personal assets of the partners can’t be
used for paying the debts of the company. Designated partners are liable only to the extent of
their contribution in the LLP mentioned in the agreement. Even if there are number of partners,
each partner is liable for their own decisions not for the other partner’s misconduct. In this way,
all the partners are shielded from the joint liability.
The LLP is executed between the partners and the LLP agreement determines the mutual rights,
duties, and responsibilities of the partners. The LLP agreement must be printed on stamp paper
and the stamp duty to be paid on the LLP agreement is depends on the state of in which the LLP
is incorporated and amount of capital contribution from the partners.
Is LLP right for you to start?
If you don’t want to take responsibility or liability for another partner's misconduct, incompetence
or negligence and also want to limit your liabilities for the debt and losses, also want to enjoy tax
benefits. Then LLP is the best option to go with.
It’s necessary to apply for a Digital signature of the designated partners before starting
the LLP Registration process.
The DSC is important as all the documents before submission are required to be digitally
signed.
For the Incorporation of LLP the incorporation form is to be filled with Registrar of
companies of the respective state in which the registered office of the LLP is located.
Step 5: Submission of Limited Liability Partnership Agreement/ LLP Agreement
LLP agreement involves the rights and duties amongst the partners and also among the LLP
and its partners.
LLP agreement must be submitted in form 3 within 30 days of the date of incorporation.
Limitations of LLP
LLP cannot be formed by a single person. If any NRI/ Foreign national wants to form an LLP
in India, then at least one partner should be a resident of India.
Not preferred by Venture Capitalist for funding: VCs would be unwilling to invest
in an LLP structure. As per the LLP agreement all ‘shareholders’ in an LLP must be partners,
with certain responsibilities toward the entity. Investors usually want to invest only so they
prefer private limited company.
Rights of partners: An LLP can be structured in such a way that one partner has more
rights than another. There is no one vote per share system. This can lead to feel
compromised if higher shareholders choose to move the business in a direction that affects
their interests.
High penalties: compliances in A LLP are minimal, but one does not complete them, it
could end up paying penalties more than a private limited company.
Permission of Foreign Direct Investment (FDI) in LLP - As per FDI Policy, FDI in LLP is allowed
only through Government route, FDI in LLP under automatic route is not permissible.
Three Easy Steps to Apply for LLP
Fill out our basic requirement form
We'll collect all your documents and file them directly with the authority
You'll receive your completed LLP package by E-mail
Connect with the team corpseed to discuss specific requirements for your business at IVR: +91
7558 640 644 or hello@corpseed.com. It takes 20-25 minutes to discuss requirement.
Dedicated Manager
Once you discuss the requirement, we will align a dedicated Account managers to understand
your business needs and provide solutions and assist entire process.
Use our platform to track progress of application and many more. Always know what is going on
with your project, what is in progress, and what is done.
Job Completed
Once job is completed, you will receive complete registrations & certifications directly to your
email ID and at your doorstep