Online Business Registration, GST Registration with Bizlegal.in

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Business Registration

Business Registrations and Licenses

There are various laws and regulations applicable to a business, which have to be complied with. These regulations are applicable on the basis of location, activity and on the type of entity. Before commencing any business, it is advisable to conduct thorough research on the applicable certifications, registrations or licenses that are required to be taken. Following are various kinds of registrations which might be required to be taken for your business:

  • Trust registration

  • Society Registration

  • Shop & Establishment Registration

  • MSME Registration

  • Import Export code

  • FSSAI License

  • GST Registration

  • Drug License

Types of Business Registration

Forms of fdggayggayou may Choose 

1. TRUST REGISTRATION - A trust is created by the execution of a trust deed. There are essentially two kinds of trust. A public trust (charitable trust) is created for the benefit of the general public whereas a private trust is created for the benefit of a particular group of individuals known as the beneficiary.

Public trust is however governed by general law, whereas private trust is governed by the provisions of the india trust          Act 1882.

Who can form a trust?

As per section 7 of the Indian Trust Act, a trust can be formed -

  • By every person competent to contract, and

  • By or on behalf of a minor, with the permission of a principal civil court of original jurisdiction.

  • Besides individuals, a body of individuals or an artificial person such as an association of persons, an institute, a limited company, a Hindu undivided family through its karta, can also form a trust.

  • It may, however, be noted that the Indian trust act does not apply to public trust which can be formed by any person under general law.   

 

2. SOCIETY REGISTRATION - Society is formed to achieve a common objective which in general is to promote charitable activities like education, art, religion, culture, music, sports, etc., In India, the registration of these societies are done under The Societies Registration Act, 1860.

A society is an association of persons united together by mutual consent to deliberate, determine and act jointly for            some common purpose.   

In India, The society registration act, 1860 lays down the procedure for society registration and operation in India.

Purpose of society registration - As per section 20 of the societies Act, 1860, a society can be registered for the                    following purpose:

  • Grant of charitable assistance

  • Creation of military orphan funds

  • Promotion of science

  • Promotion of literature

  • Promotion of fine arts

  • Promotion or instruction or diffusion of useful knowledge

  • Diffusion of political education

  • Foundation or maintenance of libraries or reading rooms

  • foundation or maintenance of public museum or galleries 

Procedure of Business Registration - 

Review - Review your state government rules for society registration

Decide - Decide on the members, name of the society, registered office, and society

Draft -     Draft the memorandum of association & rules of the society 

Sign -      All members of the society must sign the MOA & rules of the society & provide address and identity proof

File -       File of MOA, rule sand the other documents with the registrar of the societies or other concern authorities in                        your state to obtain society registration.

Basis

Section 8 Company

Society

Trust

Statute

/Legislation

Indian companies Act,1956

Societies Registration Act,1860

Relevant state trust act or Indian trust act,1182

jurisdiction

Registrar of company

Registrar of societies

Deputy Commissioner/charity

Registration

As a company u/s 25 of the Indian company act

As society

As trust

Registration Documents

Memorandum and article of association, rules, and regulations

Memorandum and article of association, rules, and regulations

Trust deed

Stamp Duty

No stamp paper required for memorandum and articles of association

No stamp paper required for memorandum of association and rules and regulations

Trust deed to be executed on non-judicial stamp paper, vary from state to state

Members  Required

Minimum three. No upper limit

Minimum - seven managing committee members. No upper limit

Minimum two trustee. No upper limit

Board of Management

Board of directors/managing committee

A governing body or council/managing or executive committee

Trustees/board of trustees

Mode of succession on board of Management

election by members of the general body

Appointment or election by members of the general body

Appointment or election

3. SHOP & ESTABLISHMENT REGISTRATION - The Shops and Establishment Act is a state-specific law which differs from state to state. The object is to govern and improve the working conditions and rights of the workers, like wage payments, leaves, holidays & work hours, etc.

Objectives - To provide statutory obligation and rights to employees and employers in the unorganized sector of                employment, i.e., shops and establishments.

Scope and Coverage of Shop & Establishment Act - 

  • State legislation; each state has framed its own rules for the Act.

  • Applicable to all persons employed in an establishment with or without wages, except the members of the employer's family.

  • The state government can exempt, either permanently or for a specified period, any establishments from all or any provisions of this Act.

When to consult and refer - 

  • At the time of the start of an enterprise

  • When framing personnel policies and rules

4. GST REGISTRATION - GST Council has prescribed 20 Lakhs of turnover to be the threshold limit for registration under GST. However, for northeastern states, it is 10 Lakhs. The registration must be applied within 30 days of reaching the threshold limit.

Who are liable to be registered?

As per schedule V of model GST law, the following person have to get themselves registered irrespective of the                    threshold limit: -

  • A person making inter-state taxable supply

  • Casual taxable person (occasional businessman in the state)

  • A person paying tax under reverse charge

  • Nonresident taxable person

  • A Person deducting TDS/ collecting TCS

  • Persons acting as agent or otherwise

  • ISD (Input service distributor)

  • Every electronic commerce operator

  • An aggregator who supplies services under his brand name or trade name

  • Such other person as may be notified by the central /state government

 

Documents required for GST registration –

  • PAN card of the applicant

  • Proof of constitution – (Partnership deed, MOA and AOA)

  • Proof of principle/Additional place of business

  • Opening page of bank pass Book/ Statement containing Bank A/c No., Address of branch, Address of A/C holder & a few transaction details

  • Authorized signatory’s photograph & proof of appointment

  • Photograph of the person in charge

GST registration certificate (Form GST REG-06)

The GST registration certificate issued by the authority shall consist of:

  • GSTIN/ Unique ID Number (UIN) generated

  • The legal name of the entity

  • Address of principal place of business

  • Date of validity of the registration

  • Type of registration granted

  • Constitution of the entity

5. STARTUP REGISTRATION - Startup India Scheme is an initiative of the Indian government, the primary objective of which is the promotion of startups, generation of employment, and wealth creation. Only Partnership Firm or Limited Liability Partnership Firm or a Private Limited Company can be registered as a startup.

Which legal entity is eligible for startup India –

  • The entity is registered under the companies Act, 2013

  • It is registered under section 59 of partnership act 1932, as a partnership firm

  • Or registered under limited liability partnership Act, 2002, as a limited liability partnership firm

Startup registration Process - 

1. Incorporate your business

2. Register with startup India

3. Documents to be uploaded (In PDF format only)

4. Immediately get the recognition number

5. Tax benefits

6. Patents and trademarks

Benefits of startup registration –

  • Simple incorporation process

  • Reduce cost if IPR

  • Getting easy access to funds

  • Can participate in tender processes

  • Tax saving

  • Liability protection

  • Ease in compliance

  • Easy exit scheme

6. MSME REGISTRATION - Every Micro, Small or Medium must enroll itself for issuance of Udyog Aadhar, this enrollment is valid for lifetime and can be obtained by those units or enterprises which have already started operations and not for the enterprise which is to be started in future. MSME basically governed by MSMED Act 2006 under the ministry of micro, small and medium enterprises. It is also known by the name of Udyog Aadhar, since Aadhar card plays an important role to register under the MSME.

 

Benefits of MSME - 

  • Collateral free loans

  • Reservation policies to manufacturing/production sector

  • Credit guarantee fund trust for micro and small-sized enterprises micro and small-sized

  • Capital Aid for technological up-gradation for MSMEs

  • Low-interest rate

  • MSME market development assistance for Micro and Small enterprises

  • Relaxation in trademark government fees

  • Tender eligibility

Documents required for MSME Registration -

  • MOA and AOA of the company

  • Residential proof of the business

  • Copies of all licenses

  • Bills of the machinery

  • Certificate of incorporation/ partnership deed

7. Obtain IEC - It is mandatory to obtain IEC before you commence export or import. We shall help you to get IEC (Import Export Code) in a hassle-free manner. We take care of filing and followup with Director General of Foreign Trade (DGFT), all over India. 

IEC is known as many names like importer exporter code, import-export license, import-export code, import export            number which comes under the foreign trade act, 1992. it is a 10-digit code that is provided by DGFT. import and                export code is compulsorily required for import or export of any goods in and out of India. IEC code can be take in              personal name and company name also.

 

Benefits of Import export code -

  • IEC is necessary to import or export, without IEC code no import or export shall be made by any person or entity.

  • On the basis of IEC, companies or firms can achieve a profit on their exports/imports from DGFT (Directorate General of Foreign Trade), customs and export promotion council.

  • IEC code will help your services or products to the international market. it will enlarge your businesses.

Documents required for IEC -

For Proprietorship - 

  • Residential address, Phone number, Pin code, father's Name

  • Personal PAN card

  • MOA not required

  • Bank statement (Any National/International Bank)

  • Bank certificate as per attached annexure

  • 4 Passport size photos

  • 2 company's letter head

  • Phone number and email ID

  • Date of formation of the company as per PAN card  

For Partnership -

  • Company's PAN card

  • Residential address, Pin code, and Phone number or letterhead

  • Partnership deed- duly notarized, copy duly self-certified

  • Bank statement (Any National/International Bank)

  • Bank certificate as per attached annexure

  • 2 company's letterhead

  • 4 Passport size photographs with anyone signing authority

  • Phone number and email ID

  • Date of formation of the company as per deed agreement

For Private Ltd. -

  • Company's PAN card

  • List of directors with residential address, Pin code and phone number on the letterhead

  • Memorandum and articles of association

  • Bank statement (Any National/International Bank)

  • Bank certificate as per attached annexure

  • 4 Passport size photographs with anyone signing authority with mobile number

  • 2 company's letterhead

  • Phone number and email ID

  • Date of formation of the company as registrar of companies 

8. OBTAIN FSSAI LICENSE - Every food business requires FSSAI registration or license, as the case may be. FSSAI registration is mandatory, Based on the factors like the capacity of production/ handling, nature of food business activities and area of operation, etc. a food business operator (FBO) need to assess whether the business should apply for FSSAI registration or license application is to be filed.

You cannot start a food kind of business without a valid food license from the concern state government. therefore,            any food manufacturing, food processing, packaging and distributing entity is now required to obtain a food license            under FSSAI. 

To improve transparency, the regulator has taken steps in the food business and also ensure that products of food              undergo certain quality checks, and all food product should be prepared, packed and marketed as per the norms                which defined by the FSSAI.

To get FSSAI registration get a free consultation from our experts.

Types of food business exempted from food license -

  • Small retailer

  • Hawker

  • On wheel vendor (or temporary stallholder)

  • Small scale or cottage 

 

Applicable FSSAI License -

FSSAI issues three types of licenses based on the nature of food business and turnover.

  • Registration - For turnover less than 12 Lakh

  • State License - For turnover between 12 Lakh to 20 Crore

  • Central License - For turnover above 20 crore

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