Certificate of Commencement of Business: A Complete Guide

May 2, 2025
Private Limited Company vs. Limited Liability Partnerships

Starting a business in India involves more than just registering a company name and opening a bank account. One of the most important legal steps for companies with share capital is obtaining a Certificate of Commencement of Business, as mandated by the Companies Act, 2013.

This certificate ensures that the company has met all preliminary legal requirements and is authorised to begin operations. It also helps maintain transparency, prevent fraudulent incorporations, and validate a company’s legal status in the eyes of regulators and stakeholders.

In this blog, we’ll walk you through everything you need to know about the Certificate of Commencement of Business- including its definition, significance, legal background, eligibility, documents required, filing procedure, and the consequences of non-compliance.

Table of Contents

What is a Certificate of Commencement of Business?

The Certificate of Commencement of Business is a mandatory legal document that certain companies in India must obtain before they start their business activities. It is issued by the Registrar of Companies (ROC) under the Companies Act of 2013, and applies specifically to public and private companies limited by shares.

Beyond legal compliance, this certificate also plays a big role in establishing trust. It shows investors, banks, and stakeholders that your company has met all foundational requirements and is operating within the bounds of the law. It also helps prevent fraudulent incorporations by ensuring that companies follow due process from the start.

Significance of Commencement of Business Certificate

The Certificate of Commencement of Business serves multiple purposes:

  • Legal Authorisation: It acts as formal approval for a company to start its operations.
  • Regulatory Compliance: Ensures adherence to the provisions of the Companies Act of 2013.
  • Prevention of Fraud: Minimises the risk of shell companies or fraudulent incorporations.
  • Credibility: Enhances trust with investors, financial institutions, and stakeholders.
  • Access to Funds: Allows the company to exercise borrowing powers and raise capital legally.

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Commencement of Business under Companies Act 2013 – Old Act and Procedure

Under the Companies Act, 2013, companies with share capital cannot begin operations immediately after incorporation. While companies without share capital may commence business right after receiving the Certificate of Incorporation, those with share capital must secure a Certificate of Commencement of Business as per Section 11 of the Act and Rule 24 of the Companies (Incorporation) Rules, 2014.

This requirement is applicable to all newly formed public and private companies with share capital, highlighting the importance of meeting initial capital commitments and completing registration protocols before beginning operations or seeking external financing.

Position Under Erstwhile Companies Act, 1956

Previously, the Companies Act of 1956 governed the commencement of business for companies in India. Under this law, only public companies with share capital were required to obtain a Certificate of Commencement of Business. Private companies, on the other hand, were exempt and could begin operations immediately after incorporation.

The 2013 Act introduced more stringent rules, bringing private companies with share capital under the same requirements to enhance transparency and accountability.

Certificate of Commencement of Business Under Companies Act 2013

To obtain this certificate under the current law, companies must meet two critical requirements:

  1. Declaration by a Director: The director must declare that every subscriber to the memorandum has paid for the shares they subscribed to.
  2. Registered Office Verification: The company must file verification of its registered office with the ROC.

Only after fulfilling these conditions can the company apply for the certificate and begin lawful operations.

Eligibility Criteria for Commencement of Business Certificate

The Certificate of Commencement of Business (COB) is mandatory for the following categories of companies:

  • Companies Incorporated on or after November 2, 2018: Any company registered after this date is required to obtain the COB Certificate within 180 days from the date of incorporation.
  • Companies with Share Capital: Regardless of industry or business type, all companies with share capital must apply for and secure the COB Certificate before starting operations.

Which Company is Not Required to File a Certificate of Commencement of Business?

The following categories of companies are exempt from filing for the Certificate of Commencement of Business. These include:

  • Companies Incorporated Before November 2, 2018: This exemption applies to companies that were established prior to the implementation of the Companies (Amendment) Ordinance, 2018, specifically before November 2, 2018.
  • Companies Registered After November 2, 2018, Without Share Capital: Companies that were incorporated after November 2, 2018, but do not have a share capital structure, meaning they haven’t issued any shares, are also exempt from obtaining the COB Certificate.

Documents Required to Obtain Commencement of Business Certificate in India

To apply for the Certificate of Commencement of Business, companies must submit the following documents:

  • Form INC-20A: A declaration filed by a director.
  • Board Resolution: Approving the commencement of business.
  • Proof of Capital Subscription: Evidence that all subscribers have paid their share value.
  • Registered Office Proof: Utility bill or rental agreement confirming office address.
  • Certificate of Incorporation: Issued by the ROC.

Application Process for Commencement of Business Certificate

Here’s a detailed walkthrough:

  1. Log in to the MCA Portal
    Visit the official website of the Ministry of Corporate Affairs (MCA). Log into the MCA portal using your registered credentials (User ID and Password). If you are not registered yet, you must create an account first.
  2. Navigate to the e-Filing Section
    After logging in, go to the 'MCA Services' tab and select the 'e-Filing' option. This section contains all the necessary forms and submission options for company-related filings.
  3. Download and Fill out Form INC-20A
    Locate and download Form INC-20A- the specific form used for the Declaration of Commencement of Business. Carefully fill in all the required details, such as company information, paid-up share capital details, and confirmation of compliance with registration requirements.
  4. Select the Correct Corporate Identification Number (CIN)
    Enter and double-check the Corporate Identification Number (CIN) of your company. This number uniquely identifies your company and ensures the form is linked to the right entity.
  5. Attach the Required Documents
    Upload the necessary supporting documents, which typically include:
    • The director’s declaration that the subscribers have paid all share capital
    • Proof of registered office verification (such as a utility bill, rent agreement, or ownership document)
  6. Select the Correct Corporate Identification Number (CIN)
    Enter and double-check the Corporate Identification Number (CIN) of your company. This number uniquely identifies your company and ensures the form is linked to the right entity.
  7. Submit the Form and Pay the Prescribed Fee
    Once the form and attachments are ready, submit them through the portal. Pay the applicable government fee based on your company's authorised share capital. The payment can usually be made online through various options available on the MCA portal.
  8. Receive the Service Request Number (SRN)
    After successful submission, the system will generate a Service Request Number (SRN). Save this number carefully, it will help you track the status of your application and any future correspondence regarding your Certificate of Commencement of Business.

Time Limit for Filing the Declaration of Commencement of Business

As per Section 11 of the Companies Act, 2013, the declaration must be filed within 180 days from the date of incorporation. Failure to do so can lead to:

  • Penalties for the company and its officers.
  • Potential strike-off from the ROC register

Form INC-20A

Form INC-20A is the declaration form filed to confirm the commencement of business. It must be signed by a director and certified by a professional (CA/CS/CWA). The form includes:

  • Company details
  • Paid-up capital confirmation
  • Registered office address verification

Fee For Filing Form 20A and Receiving Commencement of Business Certificate

The fee for filing Form INC-20A depends on the company's authorised share capital:

Up to ₹1,00,000 ₹200
₹1,00,001 to ₹4,99,999 ₹300
₹5,00,000 to ₹24,99,999 ₹400
₹25,00,000 to ₹99,99,999 ₹500
₹1 crore and above ₹600

Consequences of Not Filing Certificate of Commencement of Business

Failing to file Form INC-20A within the 180-day window leads to:

  • Penalty of ₹50,000 for the company.
  • ₹1,000 per day penalty for each defaulting officer, up to ₹1 lakh.
  • ROC may strike off the company’s name if it remains inactive under Section 11(3).

Conclusion

Obtaining the Certificate of Commencement of Business is a critical step that validates your company's readiness to operate in India’s regulatory landscape. For public and private companies with share capital, understanding and complying with this requirement ensures legal clarity, business credibility, and uninterrupted growth. By following the correct process, submitting the necessary documents, and meeting deadlines, companies can avoid heavy penalties and begin their entrepreneurial journey on the right foot.

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Frequently Asked Questions

Which Company Needs a Certificate of Commencement of Business?

All companies incorporated after November 2, 2018, are required to obtain a Certificate of Commencement of Business.

How to Download Certificate of Commencement of Business?

You can download the Certificate of Commencement of Business after your application (Form INC-20A) is approved.Here’s how:

  1. Login to the Ministry of Corporate Affairs (MCA) portal.
  2. Go to the MCA Services section.
  3. Click on View Public Documents.
  4. Enter your company’s CIN (Corporate Identification Number).
  5. Look for the approved Form INC-20A and download the certificate attached to the filing.

What is the Difference Between Incorporation and Commencement Certificate?

  • Certificate of Incorporation: This is issued when a company is legally created. It proves the company exists as a legal entity under the Companies Act.
  • Certificate of Commencement of Business:
    This is issued after the company fulfills specific post-incorporation requirements (like depositing the minimum share capital and verifying the registered office). It authorises the company to start business operations and borrow money.

Why is a Commencement Certificate Required?

A Commencement Certificate is important because:

  • It ensures the company has met its initial legal and financial commitments.
  • It prevents fraudulent incorporations by making sure real business intent is established.
  • It validates the company’s status with regulators, banks, investors, and other stakeholders.
  • Without it, a company cannot legally start business activities or raise funds, and risks penalties or even strike-off by the Registrar of Companies (ROC).

Mukesh Goyal

Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

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Related Posts

HR Policies: Best Practices For Start-Ups In India

HR Policies: Best Practices For Start-Ups In India

India’s startup ecosystem is one of the fastest-growing in the world. With innovation booming and young companies scaling rapidly, the need to build a strong foundation of people practices becomes critical. One key part of this foundation? HR policies.

For startups, setting clear HR policies early on can help shape a productive and inclusive work culture, prevent legal issues, and drive employee satisfaction- all of which contribute to long-term success. 

This blog explores why HR policies are important for Indian startups, which ones you must prioritise, and best practices to follow.

Table of Contents

HR Policy for Startups- An Overview

In the rush of building a product and acquiring customers, many Indian startups often overlook the importance of formal HR policies. However, these policies are not just about bureaucracy or paperwork. They are tools to ensure consistency, fairness, and legal compliance.

HR policies balance employee rights and company objectives. They prevent arbitrary decision-making, reduce disputes, and clarify expectations for both employers and employees. They also provide frameworks for discipline, rewards, grievance redressal, and professional conduct, creating a workplace where talent can thrive.

While startups face constraints in time, budget, and HR resources, basic HR policies can go a long way in promoting stability, scalability, and a positive employer brand.

Related Read: Templates for Startup Founders

Why HR Policies for Startups in India are Crucial?

Here’s why every Indian startup should prioritise HR policies from day one:

  • Builds a consistent work culture: Written HR policies foster consistency across teams and leadership, even as the company grows or experiences turnover.

  • Reduces misunderstandings: Policies help resolve or prevent conflicts between employees and employers by clearly communicating rights, responsibilities, and processes.

  • Protects against legal risks: Indian labour laws, workplace safety regulations, and anti-harassment laws require compliance; having HR policies ensures your startup stays compliant.

  • Drives employee morale and loyalty: Transparent policies around leave, performance, and compensation demonstrate that the company cares for its people, fostering trust and engagement.

  • Defines company values and culture: HR policies codify expected behaviour and ethics, reinforcing the cultural DNA you want your startup to embody.

  • Streamlines core HR functions: HR teams can better manage recruitment, onboarding, training, payroll, and performance reviews when guided by clear policy frameworks.

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Major HR Policies for Startups

Here are the key HR policies that Indian startups should prioritise:

Leave Policy

A Leave Policy outlines the various types of leave employees can avail themselves of, including:

  • Casual leave
  • Sick leave
  • Paid time off (PTO)
  • Maternity/Paternity leave
  • Public holidays

Clearly define leave eligibility, accrual, approval processes, and encashment rules to avoid confusion.

Menstrual Leave Policy

Many progressive startups in India now include a Menstrual Leave Policy offering additional flexibility to female employees. Typically, this includes:

  • A set number of days of paid leave per month or year specifically for menstrual health.
  • A simple, stigma-free process to request this leave.

Performance Management, Appraisal, Rewards & Recognition Policy

A well-defined Performance Management Policy ensures that employees understand how their work is evaluated and rewarded. Include:

  • Goal-setting frameworks (OKRs, KPIs)
  • Appraisal cycles and review processes
  • Criteria for promotions and salary hikes
  • Recognition mechanisms (awards, bonuses, public appreciation)

Code of Conduct

A Code of Conduct defines acceptable behaviour and ethical standards at the workplace. Cover aspects such as:

  • Professionalism and respect
  • Anti-discrimination
  • Anti-bribery and corruption
  • Use of company property
  • Conflict of interest
  • Disciplinary actions for violations

Employee Joining and Exit Policies

Clearly outline onboarding and offboarding procedures:

  • Documents and verification required upon joining
  • Probation period terms
  • Notice period during resignation or termination
  • Final settlement process
  • Exit interviews and knowledge transfer

Salary and Other Perks

Document your Salary and Benefits Policy, including:

  • Salary structure (CTC breakup)
  • Frequency of salary payment
  • Statutory benefits (PF, ESIC, gratuity)
  • Voluntary benefits (insurance, wellness programs, stock options)
  • Reimbursement policies (travel, meals, etc.)

Sexual Harassment in the Workplace Policy

It is mandatory under the POSH Act, 2013, for Indian companies with 10 or more employees to have an Anti-Sexual Harassment Policy. The policy should:

  • Define sexual harassment
  • Outline the complaints process
  • Establish the Internal Complaints Committee (ICC)
  • Ensure confidentiality and protection for complainants

Regular Working Hours

A Working Hours Policy defines:

  • Standard working hours
  • Flexible working options, if any
  • Remote work guidelines
  • Overtime policies (if applicable)
  • Break and meal times

Related Read: Startup India Scheme: Eligibility Criteria and Benefits

 Frequently Asked Questions

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  • Service-based businesses
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Limited Liability Partnership
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1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
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1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
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Private Limited Company
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1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
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Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
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  • Firms sharing resources with limited liability 

Frequently Asked Questions

What are HR policies in India?

HR policies in India are formal guidelines that govern how a company manages its people. They cover areas like leave, working hours, compensation, workplace conduct, harassment prevention (POSH Act compliance), equal opportunity, health and safety, and termination processes- all while ensuring compliance with Indian labour laws.

What does HR do in a startup?

In a startup, HR plays a critical role in building the team and culture from the ground up. Key responsibilities include:

  • Hiring and onboarding talent
  • Defining and implementing HR policies
  • Managing payroll and benefits
  • Driving employee engagement
  • Facilitating performance management
  • Handling employee relations and grievances
  • Ensuring legal and compliance requirements are met

In the early stages, HR often wears many hats and helps shape the company’s identity as an employer.

What are HR key tasks?

 Key tasks of HR typically include:

  • Recruitment and talent acquisition
  • Onboarding and orientation
  • Payroll and compensation management
  • Policy development and implementation
  • Performance management and appraisals

  • Employee engagement and retention
  • Learning and development programs
  • Legal compliance and reporting
  • Managing workplace conflicts and grievances
  • Offboarding and exit interviews

What is an HR tech startup?

An HR tech startup builds technology solutions that help companies manage their workforce more efficiently. These can include:

  • Applicant tracking systems (ATS)
  • Payroll management software
  • Employee engagement platforms
  • Performance management tools
  • Learning & development platforms
  • AI-driven HR analytics
  • End-to-end HRMS (Human Resource Management Systems)

In India, HR tech startups like Darwinbox, Keka, and Zoho People are popular examples.

How to set up an HR function?

To set up an HR function in a startup or small business:

  1. Define HR goals
  2. Draft basic HR policies
  3. Set up payroll and compliance processes
  4. Develop a hiring and onboarding process
  5. Implement performance management
  6. Communicate policies to employees
  7. Use HR software
  8. Hire HR talent or consultants

What are the 4 C’s of HR policies?

The 4 C’s often used to frame effective HR policies are:

  1. Clarity- Policies should be easy to understand and unambiguous.
  2. Consistency- Apply policies uniformly across the organisation to avoid bias.
  3. Compliance- Align policies with local labour laws and regulatory requirements.
  4. Communication- Actively share and educate employees about policies to ensure awareness and adoption.

Nipun Jain

Nipun Jain is a seasoned startup leader with 13+ years of experience across zero-to-one journeys, leading enterprise sales, partnerships, and strategy at high-growth startups. He currently heads Razorpay Rize, where he's building India's most loved startup enablement program and launched Rize Incorporation to simplify company registration for founders.

Previously, he founded Natty Niños and scaled it before exiting in 2021, then led enterprise growth at Pickrr Technologies, contributing to its $200M acquisition by Shiprocket. A builder at heart, Nipun loves numbers, stories and simplifying complex processes.

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Startup Accelerators of MeitY for Product Innovation, Development, and Growth (SAMRIDH)

Startup Accelerators of MeitY for Product Innovation, Development, and Growth (SAMRIDH)

SAMRIDH or Startup Accelerators of MeitY for Product Innovation, Development, and Growth, launched by the Ministry of Electronics and IT, aims to provide funding and acceleration to startups, predominantly software startups.

Description Who is it for? Benefits
To provide funding support to the tech and software startups with proof of concept & innovations. For Tech & Software startups Under this scheme, startups can get funding of up to Rs. 40 lakhs based on current valuation and growth stage through selected accelerators.

The investment is extensively for brilliant solutions and proof of concepts through selected accelerators. The selected accelerators are responsible for providing a customized acceleration program for 300 selected startups.

Startup Accelerators of MeitY for Product Innovation, Development, and Growth (SAMRIDH)

Table of Contents

Features of SAMRIDH Scheme

Features of SAMRIDH Scheme
  • The SAMRIDH scheme provides your startup which already has brilliant solutions and proof of concept for their product, better facilities to enhance the product using innovative technologies for the market with a solid business plan.
  • The scheme provides a platform to enhance your products and secure investment for scaling your business.
  • Once your startup gains traction, there is a gap in accessing the growth stage funding to scale up the operations,and the scheme is filling up this gap for startups.
  • The scheme supports existing and upcoming Accelerators to select and accelerate potential IT-based startups to scale to solve India's problems and create positive social impact.

Eligibility for SAMRIDH Scheme

For Startups

  • Must be recognized by DPIIT.
  • Must be in the Early-growth stage.
  • The product of the startup must be software-based.

For Accelerators

  • Must have operations in India.
  • Must have been in the business of incubation for more than three years and supported more than 50 startups.
  • Must have the required infrastructure and targeted acceleration programs.

Application procedure for Startups

The application procedure primarily comprises the following steps:

  • Visit https://meitystartuphub.in.
  • On the homepage, click on “Register” under the Startup section.
  • The registration page will appear. Fill in all the requisite details and click on the “Submit” button.
  • Following registration, one can "log in" to the page for further access by filling in the username and password.

Benefits of SAMRIDH

  • This scheme provides a platform for product development and business scaling in terms of investment.
  • To provide customer connect, investor connect, and international connect services.
  • Up to Rs 40 lakh will be provided to the startups according to their current valuation and growth stage through accelerators..
  • Customized acceleration programs for startups and provided product and capacity enhancement services.

Post-Selection Process for SAMRIDH Scheme

The ​​MeitY SAMRIDH Scheme will be implemented through the MeitY Startup Hub (MSH). The selected Accelerator will be responsible for developing personalized acceleration programmes, and the budget for each startup is Rs. 2 lakh.

The services include- Co-learning, networking, expert diagnosis, and negotiation of investment funding from Angel Investors. A maximum of 10 businesses and a minimum of 5 startups working in the sphere of software products can be helped by a shortlisted accelerator.

MSH will take equity in startups for the government's contribution via Promissory/SAFE Note, the same as Accelerator, which will be utilized to sustain the program.The startup's exit may be executed by MSH or its appointed entity holding the company's equity, subject to approval from SMC. Biannual assessments of startups within the portfolio will be conducted, and the resulting reports will inform decisions regarding exiting from the startup.

Frequently Asked Questions

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Register your business

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  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
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1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

What documents are required to apply for the SAMRIDH Scheme?

The documentation requirements may vary depending on the lending institution, but generally, applicants need to provide identity proof, address proof, income proof, and business-related documents.

What are the key benefits of the SAMRIDH Scheme?

The key benefits of the SAMRIDH Scheme include financial support, access to investment opportunities, and promotion of entrepreneurship with the help of the accelerators.

Which accelerators are presently part of the Samridh Scheme?

Here is a list of accelerators participating in the Samridh Scheme: Link.

Difference Between Trust, Society & Section 8 Company: Which One to Choose?

Difference Between Trust, Society & Section 8 Company: Which One to Choose?

When you're starting a non-profit organisation in India, one of the first and most important decisions you'll make is how to structure it. Should you register a Trust, a Society, or a Section 8 Company?

Each of these legal forms has its own advantages, legal requirements, and use cases. Choosing the right one depends on your objectives, the nature of your activities, the scale, and how you want to govern the organisation. 

In this guide, we’ll explain the key differences and help you decide which structure best suits your non-profit mission.

Table of Contents

What is a Society?

A society is a non-profit organisation formed by a group of individuals who come together for charitable, literary, scientific, cultural, or educational purposes. Societies in India are governed by the Societies Registration Act, 1860, although many states have their own versions of the Act (e.g., Maharashtra, Tamil Nadu, etc.).

A society must have:

  • A minimum of seven members to register at the state level
  • An elected governing body or managing committee
  • A constitution or memorandum outlining its objectives and rules

Societies are known for their democratic structure, where members have voting rights and leadership is elected periodically.

When to Consider Forming a Society?

Forming a society may be your best option if:

  • You prefer a democratically run organisation with an elected management committee
  • Members may change frequently or seek easy exit options
  • You want a relatively simple dissolution process
  • You're operating within a state jurisdiction (or planning to expand nationally with additional registrations)

Societies are particularly suited for community-driven or volunteer-based initiatives, like resident welfare associations, cultural organisations, and grassroots education or health programs.

Meaning of Trusts

A trust is a legal arrangement under the Indian Trusts Act, 1882 (or relevant state-specific Public Trusts Acts) in which a settlor (or author) transfers property or assets to one or more trustees, who hold and manage them for the benefit of specific beneficiaries.

Key roles in a trust:

  • Author of the trust: The person who creates the trust and donates property
  • Trustee: The person(s) responsible for managing the trust and fulfilling its objectives
  • Beneficiary: The individual(s) or group for whom the trust is created

The central concept is the "beneficial interest"- the trustee has legal control of the asset, but the benefit goes to the beneficiaries. Trusts are often used in both private and public charitable contexts.

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When and Why You Might Need a Trust?

You might choose a trust if:

  • You want to retain long-term control without democratic elections or rotating leadership
  • Your non-profit involves family members or a small, stable group of trustees
  • You need privacy, minimal external regulation, or flexible distribution of benefits
  • You plan to manage property, assets, or legacy donations

Trusts are ideal for schools, hospitals, orphanages, and religious institutions, especially when the focus is on asset management and continuity over generations.

Meaning of Section 8 Companies

A Section 8 Company is a special form of non-profit company registered under the Companies Act, 2013. It is incorporated to promote commerce, art, science, research, education, social welfare, religion, or charity.

Key features:

  • It must apply for a license from the Central Government
  • Its profits or income cannot be distributed as dividends
  • All income must be used to promote the organisation’s objectives
  • The name does not include “Limited” or “Private Limited”

Section 8 Companies are highly structured, professionally governed, and seen as credible entities both by donors and government bodies.

Reasons for Forming a Section 8 Company

You should consider registering for Section 8 Company if:

  • You're looking for a formal and transparent governance model
  • You want to build long-term partnerships with government bodies, corporates, or international NGOs
  • You're applying for CSR funds, grants, or FCRA registration
  • You want to project credibility and professionalism in your operations

Section 8 Companies are ideal for large-scale non-profits, social enterprises, or organisations planning to operate across India or internationally.

Difference Between Society, Trust, and Section 8 Company

All three structures, Trusts, Societies, and Section 8 Companies, are eligible for tax exemptions under Section 12A and 80G of the Income Tax Act. They also meet the definition of "charitable purpose" under Section 2(15).

But beyond this, they vary significantly in formation, governance, compliance, and scalability. Here’s a comparison at a glance:

Feature Trust Society Section 8 Company
Governing Law Indian Trusts Act, 1882 or State Trusts Acts Societies Registration Act, 1860 Companies Act, 2013
Minimum members 2 Trustees 7 Members 2 Directors
Legal Status Not a separate legal entity Not a separate legal entity A separate legal entity
Management Trustees (no elections) Governing Body (elected) Board of Directors
Jurisdiction State-level State or national (dual registration needed) Nationwide
Compliance requirements Low Moderate High
Ease of Formation Easy Moderate Requires licensing
Ideal for Asset holding, religious charities, long-term control Community organisations, associations Large-scale NGOs, CSR projects, international collaborations

Each structure, Trust, Society, or Section 8 Company, has its own strengths. The right choice depends on your mission, governance preferences, funding goals, and long-term vision.

Frequently Asked Questions

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Frequently Asked Questions

Which one should you choose: a Society, a Trust, or a Section 8 Company?

Choose a Trust for simplicity and long-term control, a Society for community-driven work with flexible membership, and a Section 8 Company for structured governance, high credibility, and large-scale funding opportunities.

Can a Section 8 Company be a Trust?

No, a Section 8 Company cannot be a Trust, and vice versa—they are legally distinct entities governed by different acts:

  • A Trust is formed under the Indian Trusts Act, 1882 (or the relevant state act).
  • A Section 8 Company is registered under the Companies Act, 2013.

Is a Trust better than a Company?

A Trust is better for small, asset-focused initiatives that don’t require external validation or heavy fundraising.

A Section 8 Company is better if you want visibility, growth, funding, and governance discipline.

Akash Goel

Akash Goel is an experienced Company Secretary specializing in startup compliance and advisory across India. He has worked with numerous early and growth-stage startups, supporting them through critical funding rounds involving top VCs like Matrix Partners, India Quotient, Shunwei, KStart, VH Capital, SAIF Partners, and Pravega Ventures.

His expertise spans Secretarial compliance, IPR, FEMA, valuation, and due diligence, helping founders understand how startups operate and the complexities of legal regulations.

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