How to Draft a Co-founders Agreement?

Jun 12, 2025
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Starting a company with one or more co-founders is one of the most exciting parts of the entrepreneurial journey. But amidst the rush of building products, finding customers, and chasing early traction, one foundational step often gets overlooked: putting a co-founders agreement in place.

The Co-founders Agreement lays out how the founding team will operate, make decisions, handle equity, resolve disagreements, and plan for the unexpected. Without it, even the strongest partnerships can run into miscommunication, conflict, or costly misunderstandings down the road.

In this article, we’ll break down the key elements of a co-founders agreement, explain why it’s essential from day one, and guide you through the decisions you’ll want to document before your startup grows.

Table of Contents

Understanding the Importance of a Co-Founder Agreement

A co-founders agreement is a governance framework. It provides clarity on expectations, defines legal boundaries, and establishes protocols for decision-making and dispute resolution.

Without it, startups risk misalignment, equity disputes, or founder exits that can derail momentum. Having this agreement from day one ensures:

  • Legal protection for all founders
  • Clear accountability
  • Faster resolution in case of conflicts
  • Long-term business stability

How to Determine Roles?

Before you split the equity or assign job titles, align on why you’re building this company. Once your mission is clear, it becomes easier to define what roles each founder should play.

Not all founders are the same, and not all will lead the same functions. Role clarity prevents overlap, power struggles, and decision-making delays.

Here’s a quick overview of typical leadership roles:

  • CEO (Chief Executive Officer): Sets vision, makes high-level decisions, and manages investors.
  • COO (Chief Operating Officer): Manages day-to-day operations, hiring, and internal workflows.
  • CFO (Chief Financial Officer): Oversees finances, fundraising, and budgeting.
  • President: Often works alongside the CEO, focusing on strategy execution or external relations.
  • CMO (Chief Marketing Officer): Leads branding, marketing, and growth strategy.
  • CTO (Chief Technology Officer): Drives product development and tech architecture.

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How to Split Equity?

One of the trickiest parts of a co-founder agreement is deciding who gets what percentage of the company.

Spoiler alert: Equal splits are often unfair. While it might feel diplomatic to go 50/50 (or 33/33/33), it rarely reflects the actual contributions of each founder. Equity should reward value creation, not just presence.

Consider these factors:

  • Who initiated the idea?
  • Level of early involvement and contribution
  • Full-time vs part-time commitment
  • CEO or leadership responsibilities
  • Prior experience, networks, and domain expertise

It’s advisable to use structured frameworks or equity calculators and ensure all discussions are documented. Vesting schedules (typically four years with a one-year cliff) should also be agreed upon and reflected in the agreement.

Compensation and Salary Expectations

Most early-stage startups operate with limited capital. Founders often defer salaries or draw nominal compensation. However, clarity on current and future remuneration is essential.

The agreement should include:

  • Initial salary (if any) or deferred compensation model
  • Milestones or triggers for compensation reviews (e.g., seed funding, profitability)
  • Equity-to-cash trade-offs, especially for operational founders
  • Provisions for salary revisions approved by a board or mutual consent

Decision-Making and Dispute Resolution

Defining decision rights helps prevent operational gridlock and ensures strategic alignment. The co-founders agreement should outline the following:

  • Voting rights: Specify which decisions require a majority, supermajority, or unanimous consent (e.g., capital raise, hiring key executives, M&A decisions).
  • Dispute resolution mechanisms: Include mediation and arbitration clauses to resolve disagreements outside of court.
  • Deadlock provisions: Outline how to handle situations where founders are split, potentially via third-party adjudicators or rotating authority.
  • Exit protocols: Determine how decisions are made in case a founder decides to leave or is asked to step down.

Exit Strategies and Buyout Clauses

Exit events, whether planned or unforeseen, can significantly impact the startup’s equity structure. A co-founders agreement should detail:

  • Voluntary exit protocols: Including share sale rights, notice periods, and replacement planning.
  • Involuntary exit terms: For cause (e.g., misconduct) or no-fault exits (e.g., health issues).
  • Buyout clauses: How shares are valued (e.g., pre-agreed formula, external valuation), who has the first right to buy, and what triggers a forced sale.
  • Non-compete clauses: Restrictions on joining or starting competing ventures post-exit.

Without a clear exit plan, founder departures can become messy, expensive, and emotionally draining.

Non-Disclosure Agreements (NDAs)

Startups thrive on ideas, data, and speed. A loose-lipped founder or ex-founder can derail all of that. To protect your IP, customers, and strategy, include a strong non-disclosure clause in the co-founder agreement. It should cover:

  • What qualifies as “confidential information”?
  • How long the NDA lasts (often 1–3 years post-exit)
  • Consequences of breaching the NDA

Founders should also agree on how sensitive materials like business plans, prototypes, and user data are handled upon exit.

Death, Disability, and Divorce Clauses

Contingency planning for life events is often overlooked but is essential to safeguard the business. Your agreement should include:

  • Death clause: Specifies who inherits equity, buyback options for the company, and whether heirs receive any operational role.
  • Disability clause: Details how long a founder can be inactive before reevaluation and whether shares can be repurchased or roles reassigned.
  • Divorce clause: Ensures founder shares don’t get transferred to a spouse, with provisions for company buyback to retain control.

These clauses protect both the business and surviving founders from unforeseen legal and financial disruptions.

Frequently Asked Questions

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Frequently Asked Questions

What are the points of a co-founder agreement?

A co-founder agreement typically includes the following key components:

  • Equity Ownership & Vesting Schedule
  • Roles & Responsibilities
  • Compensation & Salary Terms
  • Decision-Making Protocols
  • Dispute Resolution Mechanisms
  • Exit Clauses & Buyout Terms
  • Confidentiality (NDA) Provisions
  • IP Assignment
  • Death, Disability, and Divorce Clauses

What are the 3 main reasons you should want a co-founder?

  1. Complementary Skills
    A strong co-founder brings expertise you may not have, be it in tech, operations, sales, or strategy, helping you build faster and smarter.

  2. Shared Responsibility & Emotional Support
    Entrepreneurship is a rollercoaster. Having someone equally invested in the highs and lows provides mental resilience and shared accountability.

  3. Stronger Investor Appeal
    Many investors prefer teams over solo founders. A balanced co-founding team signals collaboration, diverse thinking, and execution capability.

Is a founder's agreement legally binding?

Yes, a founder’s agreement or co-founders agreement is legally binding if it’s properly drafted and signed by all parties. It is treated like any other contract under contract law and can be enforced in court or through arbitration, depending on the jurisdiction and terms stated.

What is the difference between a founder and a co-founder agreement?

Founder Agreement and Co-founder Agreement are often used interchangeably, but there can be subtle differences based on context:

  • Founder Agreement usually refers to an agreement between a solo founder and the company, often covering IP assignment, vesting, and equity terms.

  • Co-founder Agreement refers to a contract between multiple founders of the same startup, defining how they work together, split ownership, make decisions, and handle disputes.

In practice, for teams of two or more founders, a co-founder agreement is more relevant and comprehensive.

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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Promoting Innovations in Individuals, Startups and MSMEs (PRISM)

Promoting Innovations in Individuals, Startups and MSMEs (PRISM)

Promoting Innovations in Individuals, Startups, and MSMEs (PRISM) is a program that offers grants, technical support, and mentorship to individual innovators, including students, guiding them through each stage of incubating their ideas into new enterprises.

Description Who is it for? Benefits
To provide grants, technical advice, and mentorship to individual innovators, guiding them through the various stages of incubating their ideas until they transform into viable enterprises For Innovators in the technology area Upto INR 2,00,000 or 90% of the approved project cost for prototype or model development
The essentials of US Incorporations - documents, eligibility and process.

This grant-aid support is implemented in phases:

  • Phase-1
    Category 1: For Proof of concept/prototype/models
    Category 2: For fabrication of working model/ process know-how/testing & trail/ patenting/ technology transfer, etc.
  • Phase-2
    For scaling up technology-based innovations, including patenting/design registration/trademark registry/ technology transfer to develop a marketable product/process towards enterprise creation.

Table of Contents

Eligibility

  • For PRISM Phase-1:
    Any Indian citizen, including student innovators, can avail support to develop their novel ideas into demonstrable models/prototypes.
  • For PRISM Phase-2:
    PRISM innovators who have demonstrated success or innovators who have proven their concepts with assistance from other government institutions or agencies.

Eligible Sectors for the Scheme

The proposals are encouraged to focus on sectors such as

  • Green Technology
  • Clean Energy
  • Industrial Smart Materials
  • Waste to Wealth
  • Affordable Healthcare
  • Water & Sewage Management
  • Other technology or knowledge-intensive areas.

Application procedure for Startups

  • Submit your project proposal following the prescribed format to the nearest TePP Outreach cum Cluster Innovation Centres (TOCICs). Here’s a list of TOCICs in India.
  • Once received, TOCIC coordinators will review proposals for completeness and forward them further.
  • Domain Knowledge Experts associated with TOCIC will then assess the proposals.
  • Evaluated proposals are forwarded to DSIR for further action and reviewed by the PRISM Advisory and Screening Committee (PASC) for recommendation.
  • Upon Department approval, "Terms & Conditions" must be signed before grants-in-aid release.
  • Initial fund release is based on project milestones and PASC recommendations. Subsequent releases depend on project progress evaluated by the Project Review Committee (PRC).
  • TOCIC and network partners, along with technical experts, will monitor approved projects.
  • TOCIC will provide project status reports to DSIR every 3 months, while PRCs will review project progress at least once every 9 months.
  • Upon successful project completion, the DSIR will accept the project completion report based on PRC recommendation.

Benefits of the PRISM Scheme

The PRISM Scheme includes various phases designed to support innovators in different stages of their project development. Each phase may involve different levels of support, resources, and guidance tailored to the specific needs of innovators.

  • For Phase-1:
    Category 1: Maximum support within this category is capped at INR 2,00,000 or 90% of the approved project cost, whichever is less.
    Category 2: Maximum support is limited to 20.00 lakh or 90% of the total project cost, whichever is lower.
  • For Phase-2:
    For projects with costs ranging from INR 5 Lakhs to INR 35 Lakhs, maximum support of either INR 20 Lakhs or 90% of the total project cost (whichever is lower) is provided.

Please note: If the project beneficiaries abandon the project, innovators must reimburse the funding disbursed, along with a 12% interest rate, to the DSIR.

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Limited Liability Partnership
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One Person Company
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Private Limited Company
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  • Service-based businesses
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One Person Company
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1,499 + Govt. Fee
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Private Limited Company
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  • Professional services 
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Frequently Asked Questions

What is the objective of the PRISM Scheme?

The PRISM Scheme aims to encourage innovation, research, and development activities among individuals, startups, and MSMEs by providing financial support and fostering a conducive ecosystem for growth and experimentation.

Can individuals or only organizations apply for the PRISM Scheme?

Both individuals and organizations, including startups and MSMEs, are eligible to apply for the PRISM Scheme as long as they meet the eligibility criteria outlined by the scheme.

Are there any specific criteria for project selection under the PRISM Scheme?

Projects are selected based on criteria such as innovation quotient, technical feasibility, market potential, scalability, and socio-economic impact.

Do projects funded under the PRISM Scheme get evaluated later?

Projects funded under the PRISM Scheme are subject to regular monitoring and evaluation to ensure compliance with project milestones, utilization of funds, and achievement of desired outcomes.

Proprietorship Tax Return Filing Procedure and Its Compliance

Proprietorship Tax Return Filing Procedure and Its Compliance

A sole proprietorship is the simplest form of business ownership in India. It is not considered a separate legal entity from its owner, which means the business income is treated as the personal income of the proprietor.

As such, tax compliance and return filing are governed by the Income Tax Act for individuals. Filing income tax returns (ITR) is not only a legal requirement but also essential for accessing financial benefits like business loans and expansion opportunities, as well as maintaining a credible financial history.

In this blog, we’ll break down the tax return filing procedure for proprietors, explain key compliances, and highlight the benefits of timely filing.

Table of Contents

Overview of Taxation for Proprietorships in India

In India, proprietorships are taxed as individual taxpayers under the Income Tax Act. The business income is added to the proprietor's total income and taxed according to the applicable individual tax slabs. Proprietors typically file their income tax returns using:

  • ITR-3: For individuals and HUFs having income from a proprietary business or profession
  • ITR-4 (Sugam): For those opting for the presumptive taxation scheme under sections 44AD, 44ADA, or 44AE

Taxpayers can choose between the old tax regime (with deductions and exemptions) or the new one (with lower tax rates but no exemptions).

Do Proprietorship Firms Need to File Income Tax Returns?

Yes, proprietors are legally obligated to file ITRs if their total income exceeds the basic exemption limit, which for FY 2024-25 is:

  • ₹2.5 lakh for individuals below 60 years
  • ₹3 lakh for senior citizens (60-80 years)
  • ₹3.5 lakh for super senior citizens (above 80 years)

Even if the income is below the exemption limit, filing returns is necessary to carry forward business losses, to claim TDS refunds and if there are any foreign assets or income involved.

Importance of Filing Income Tax Returns for Proprietorship Firms

Beyond legal compliance, filing ITR offers several advantages:

  • Financial Credibility: Enhances your chances of securing loans, credit lines, or business investments
  • Business Growth: Essential for bidding in tenders and expanding operations
  • Avoiding Penalties: Non-filing attracts penalties and interest under the Income Tax Act
  • Refund Claims: Enables claiming refunds on excess TDS deducted

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Tax Audit for Proprietorship

A tax audit is a review of accounts to ensure accuracy and compliance with tax laws. For proprietorships, audit requirements apply if:

  • Turnover exceeds ₹1 crore (business)
  • Gross receipts exceed ₹50 lakh (profession)
  • Turnover exceeds ₹10 crore if 95% of payments and receipts are digital

Non-compliance with tax audit provisions can attract a penalty under Section 271B, which can be up to 0.5% of turnover or a maximum of ₹1.5 lakh.

Presumptive Taxation Scheme: A Simplified Option for Small Proprietors

To ease compliance for small taxpayers, the Income Tax Act offers presumptive taxation schemes:

  • Section 44AD: For small businesses with turnover up to ₹2 crore (to be extended to ₹3 crore from AY 2025-26 if cash transactions are below 5%)
  • Section 44ADA: For professionals with receipts up to ₹50 lakh
  • Section 44AE: For those involved in the business of transportation

ITR Guidelines for Proprietorship Firms – Union Budget 2024–25 Insights

The Union Budget 2024 brought several important changes aimed at easing compliance, promoting transparency, and offering relief to taxpayers, especially for salaried individuals and businesses.

Here's a quick overview of key updates relevant to individual taxpayers and proprietorships:

1. Increased Standard Deduction Under the New Tax Regime

To offer more relief to salaried individuals, the standard deduction under the new tax regime has been increased from ₹50,000 to ₹75,000.

2. Reduced TDS Rates on Specified Payments

The budget has also reduced the Tax Deducted at Source (TDS) rates on certain specified payments to improve ease of doing business and simplify compliance for both payers and recipients. This change will benefit small and mid-sized businesses by easing their cash flow and lowering the burden of upfront tax deduction.

3. Government Scheme for First-Time Entrepreneurs

The Union Budget 2024 introduced a new loan scheme to support first-time entrepreneurs. The scheme aims to promote inclusive entrepreneurship and boost India’s startup ecosystem.

Proprietorship Tax Rate & Surcharge AY 2025-26 | FY 2024-25

Under the New Regime

Income Tax Slab Income Tax Rate under the New Regime Surcharge
Up to ₹ 3,00,000 Nil Nil
₹ 3,00,001 – ₹ 7,00,000 5% above ₹ 3,00,000 Nil
₹ 7,00,001 – ₹ 10,00,000 ₹ 20,000 + 10% above ₹ 7,00,000 Nil
₹ 10,00,001 – ₹ 12,00,000 ₹ 50,000 + 15% above ₹ 10,00,000 Nil
₹ 12,00,001 – ₹ 15,00,000 ₹ 80,000 + 20% above ₹ 12,00,000 Nil
₹ 15,00,001 – ₹ 50,00,000 ₹ 1,40,000 + 30% above ₹ 15,00,000 Nil
₹ 50,00,001 – ₹ 100,00,000 ₹ 1,40,000 + 30% above ₹ 15,00,000 10%
₹ 100,00,001 – ₹ 200,00,000 ₹ 1,40,000 + 30% above ₹ 15,00,000 15%
Above ₹ 200,00,001 ₹ 1,40,000 + 30% above ₹ 15,00,000 25%

Under the Old Tax Regime

Income Tax Slab Income Tax Rate under the Old Regime Surcharge
Up to ₹ 2,50,000 Nil Nil
₹ 2,50,001 – ₹ 5,00,000 5% above ₹ 2,50,000 Nil
₹ 5,00,001 – ₹ 10,00,000 ₹ 12,500 + 20% above ₹ 5,00,000 Nil
₹ 10,00,001 – ₹ 50,00,000 ₹ 1,12,500 + 30% above ₹ 10,00,000 Nil
₹ 50,00,001 – ₹ 100,00,000 ₹ 1,12,500 + 30% above ₹ 10,00,000 10%
₹ 100,00,001 – ₹ 200,00,000 ₹ 1,12,500 + 30% above ₹ 10,00,000 15%
₹ 200,00,001 – ₹ 500,00,000 ₹ 1,12,500 + 30% above ₹ 10,00,000 25%
Above ₹ 500,00,000 ₹ 1,12,500 + 30% above ₹ 10,00,000 37%

Deadline for Proprietorship ITR Filing

  • Non-audited firms: July 31st of the assessment year (AY)
  • Audited firms: October 31st of the assessment year (AY)

For AY 2025-26:

  • Non-audited deadline: July 31, 2025
  • Audited deadline: October 31, 2025

List of Documents Needed for Proprietorship Income Tax Return Filing

  • PAN card of the proprietor
  • Aadhaar card
  • Bank account statements
  • Profit & Loss statement
  • Balance sheet
  • GST returns (if registered)
  • TDS certificates (Form 16A/26AS)
  • Sales invoices and purchase bills
  • Expense receipts
  • Investment proofs for claiming deductions (under the old regime)

How to File an Income Tax Return for a Proprietorship (Step-by-Step Guide)

Here's a simple, step-by-step guide to help you file accurately and on time:

Step 1: Choose the Right ITR Form

  • ITR-3: For proprietors with regular business or professional income
  • ITR-4: For those opting for the Presumptive Taxation Scheme under Sections 44AD, 44ADA, or 44AE

Step 2: Prepare Financial Information

  • Compile key documents
  • Calculate your total income and tax liability
  • Claim eligible deductions (only under the old regime).
  • Verify TDS credits and advance tax paid.

Step 3: Log into the Portal

Step 4: Submit the Return

  • Select Assessment Year 2025–26 and the appropriate ITR form (ITR-3 or ITR-4)
  • Enter all relevant details—income, deductions, taxes paid, etc
  • Validate and submit the return
  • E-verify using Aadhaar OTP, bank account, or DSC

Step 5: Download

  • Download the acknowledgement (ITR-V) and save it for your records.

Conclusion

Running a proprietorship already comes with a long to-do list, and filing your income tax return might feel like just another box to check. But here’s the truth: Filing your ITR on time helps you stay on the right side of the law, but it also unlocks serious advantages like improved loan eligibility, smoother business expansion, and better financial credibility.

That’s why choosing the right ITR form (like ITR-3 or ITR-4), keeping your documents ready, and understanding your tax regime can save you a lot of future headaches.

Don’t wait until the last minute- start organising your financials today and file your ITR on time to stay ahead, stay compliant, and build a more credible, growth-ready business.

Frequently Asked Questions

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Register your Limited Liability Partnership in just 1,499 + Govt. Fee

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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 

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 is proprietorship compliance?

Proprietorship compliance refers to the set of legal, financial, and tax-related requirements that a sole proprietorship must fulfil. This includes:

  • Income tax return (ITR) filing
  • GST registration and returns (if applicable)
  • Tax audit (if turnover crosses prescribed limits)
  • Maintenance of books of accounts
  • Maintenance of books of accounts
  • TDS deductions and filings (if applicable)
    Business licenses like FSSAI, trade license, etc., depending on the nature of the business

Since a proprietorship is not a separate legal entity, all compliances are fulfilled in the name of the individual (proprietor).

Which ITR is applicable for a proprietorship firm?

The applicable ITR forms for proprietorship firms are:

  • ITR-3: For proprietors who maintain books of accounts and have regular business or professional income.
  • ITR-4: For proprietors who opt for the Presumptive Taxation Scheme under Section 44AD, 44ADA, or 44AE.

Note: ITR-4 is only applicable if your turnover is within the prescribed limit (currently ₹3 crore for businesses opting for digital payments).

What are the requirements for a tax audit for a proprietorship?

A tax audit under Section 44AB is mandatory for a proprietorship if:

  • Turnover exceeds ₹1 crore (for business) in a financial year
  • Turnover exceeds ₹10 crore for businesses where 95% of payments and receipts are digital

Also, if a proprietor opts out of the presumptive taxation scheme after opting in (under 44AD/44ADA), a tax audit becomes applicable for the next five years, regardless of turnover.

What is the turnover limit for a proprietorship?

There is no fixed turnover limit to run a proprietorship, but there can be certain turnover limits for tax compliance purposes.

Is GST required for a sole proprietorship?

GST registration is mandatory for a sole proprietorship if:

  • Turnover exceeds ₹40 lakh (for goods) or ₹20 lakh (for services) in most states
  • You are involved in the interstate supply of goods
  • You sell on e-commerce platforms (like Amazon, Flipkart)

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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Common types of Business Licenses required in India

Common types of Business Licenses required in India

With a multitude of regulations varying from state to state, figuring out what licenses you need and how to obtain them can feel like attempting to solve a complex puzzle with missing pieces. However, worry not! We understand the challenges you face, and we're here to guide you through every step of the way.

In this blog, we'll lead you through the intricacies of obtaining the necessary licenses to set up and operate your business seamlessly in India.

Table of Contents

Importance of Business Licenses

Business licenses play a crucial role in India's business landscape for several reasons:

Legal Compliance

  • Obtaining the necessary licenses ensures that businesses operate within the legal framework defined by government regulations.

Consumer Trust and Safety

  • Certain licenses, such as FSSAI licenses for food-related businesses or health licenses for healthcare providers, signify compliance with safety and quality standards.

Public Health and Environmental Protection

  • Licenses related to environmental clearances, waste management, and pollution control are essential for businesses to mitigate their environmental impact.

Taxation and Revenue Generation

  • Business licenses, such as GST registration and professional tax registration, facilitate tax compliance and revenue generation for the Government.

Regulation of Market Competition

  • Certain licenses, such as trade licenses and import-export licenses, regulate market entry and competition.

Employee Welfare and Labor Rights

  • Labor licenses ensure that businesses adhere to labour laws and provide a safe and fair working environment for employees.

Last but certainly not least, business licenses are a badge of honour for your business. They show investors, partners, and customers that you're serious, professional, and committed to doing things the right way. In a crowded marketplace, that kind of credibility can make all the difference.

Common Types of Business Licenses in India

Common types of business licenses required in India

In India, obtaining the necessary business licenses depends on the type of business activity you intend to undertake and the location in which you plan to operate. Here are some common types of business licenses required in India:

Business Registration:

While not classified as a license, registering a business with the Ministry of Corporate Affairs (MCA) in India is a fundamental legal requirement if you are an entrepreneur establishing a business venture.

Depending on the type of business structure chosen, such as sole proprietorship, partnership, limited liability partnership (LLP), or private/public limited company, the eligibility criteria, registration process, and compliance obligations can vary significantly.

There are primarily following types of Business structures:

•  Private Limited Company

•  Limited Liability Partnerships

•  One Person Company

•  Public Limited Company

•  Sole Proprietorship

•  Partnership

Ultimately, registering your business with the MCA not only establishes its legal legitimacy but also lays the foundation for growth, credibility, and long-term success in the Indian startup ecosystem.

For detailed information regarding the eligibility criteria, registration process, and compliance obligations associated with different business structures, check out the link below.

Company Registration in India - Online Incorporation Process Explained

Udyam Registration - MSME License

Similarly, Udyam Registration is not technically a license. However, it provides recognition and certain benefits to Micro, Small, and Medium Enterprises (MSMEs) in India.

The eligibility criteria for Udyam Registration are based on the investment, turnover, years of establishment, etc.

Once registered as an MSME, you can receive a unique Udyam Registration Number (URN) and a certificate that gives access to government schemes, subsidies, and incentives.

GST Registration

In India, Goods and Services Tax (GST) registration is mandatory for businesses meeting certain turnover thresholds, which is Rs. 40 Lakhs (for goods) and Rs. 20 Lakhs (for services) or engaging in specified activities.

Here's an overview of the process of obtaining GST registration, which is not exactly a license but a crucial registration for businesses:

  • Access the official GST portal.
  • Fill out the registration form with accurate details regarding your business activities, turnover, and so on.
  • Furnish the necessary information, including business details, PAN, Aadhaar, bank account details, and relevant documents.
  • Upon successful verification, you will be issued a unique Goods and Services Tax Identification Number (GSTIN)- a 15-digit unique identifier for the businesses under the GST regime.

Professional Tax Registration

Professional Tax Registration is a requirement for employers and individuals engaged in certain professions, trades, or employment in India. It is a state-level tax levied by the respective State Governments for the welfare of professionals and workers in various sectors.

In some states like Maharashtra, obtaining professional tax registration is mandatory.

Shops and Establishment License

The Shops and Establishment License is a mandatory requirement for businesses operating within a specific jurisdiction, typically at the state level, in India. It is governed by the respective state Shops and Establishment Act and its rules, which vary slightly across different states.

The primary purpose of the Shops and Establishment License is to regulate the operations of shops, commercial establishments, and other businesses within a state with provisions related to-

  • Working hours
  • Welfare and safety of employees
  • Employment practices

The Shops and Establishment License is usually valid for a specific period, after which it needs to be renewed to continue operating legally. A valid Shops and Establishment License is often required for various business activities, including obtaining other licenses, permits, or registrations.

Trade License

A trade license is a legal permit issued by the local municipal authority or council that authorizes your business to engage in specific commercial activities within a designated area or jurisdiction.
Trade licenses specify the types of commercial activities that a business is permitted to undertake. These activities may include manufacturing, trading, storage, distribution, or provision of certain services, depending on the nature of the business and local regulations.

In order to obtain a Trade license, you must submit an application to the local municipal authority or council responsible for issuing licenses. The application process typically requires businesses to provide certain documents, such as -

  • Proof of identity,
  • Address proof,
  • Proof of ownership or tenancy of the premises
  • Approvals and NOCs (No Objection Certificates) from relevant authorities

Once the application is approved and all requirements are met, the local authorities will issue the trade license to your business, specifying the permitted activities, duration of validity, and any conditions or restrictions.

Labour License

Labour licenses, also known as labour permits or labour registrations, are legal authorizations issued by government authorities (Shram Suvidha Portal) to businesses, particularly those employing a significant number of workers, to ensure compliance with labour laws and regulations.

It safeguards the rights and interests of workers by setting standards for fair treatment, safe working conditions, and adequate remuneration. These licenses often require businesses to adhere to minimum wage laws, working hour restrictions, overtime compensation, leave entitlements, and other labour standards aimed at promoting employee well-being.

The process of obtaining a labour license may vary depending on the jurisdiction and the specific requirements imposed by labour laws and regulations.

Food Safety and Standards Authority of India (FSSAI) License

The Food Safety and Standards Authority of India (FSSAI) license, commonly referred to as the FSSAI license, is a mandatory requirement for businesses involved in the manufacturing, processing, packaging, storage, distribution, and sale of food products in India.

Obtaining an FSSAI license is a legal requirement for food businesses operating in India. It is mandated by the Food Safety and Standards Act of 2006, and non-compliance can result in penalties, fines, or even closure of the business.

Depending on the scale and nature of the business, there are different types of FSSAI licenses, such as Basic Registration, State License, and Central License, each catering to specific business activities and turnover thresholds.

Import-Export License

An import-export license, also known as an import-export permit, is a legal authorization issued by government authorities that allows businesses to engage in the importation and/or exportation of goods across international borders.

An Importer Exporter Code is mandatory for the export and import of goods. It is a 10-digit identification number that is compulsory for the purpose of exporting from India as well as for the purpose of importing to India. It has lifetime validity.

The process to obtain an Import Export Code (IEC) registration certificate online involves several steps, as outlined below:

  • Fill out the Application Form.
  • Gather the necessary documents as per the requirements specified.
    • For Private Limited/ LLPs- Company PAN Card, Incorporation Certificate, Aadhar Card, PAN Card of all Directors/Partners, and Cancelled Cheque of the Company.
    • For Partnerships- Partnership Firm PAN Card, Partnership Deed, Aadhar Card, PAN Card of all Partners, and Cancelled Cheque of the Partnership Firm.
  • Pay the required Fees.
  • Upon successful verification and processing, the Import Export Code (IEC) registration certificate will be issued. You will receive the certificate electronically using the registered email ID provided during the application process.

While we covered some common licenses necessary for businesses in India, certain industry-specific licenses and permits exist that are crucial for compliance with sector-specific laws, regulations, and standards. These can vary widely depending on the nature of the industry, the type of activities involved, and the potential risks or impacts associated with the operations.

Business Registration with Razorpay Rize

To conclude, securing these licenses is crucial for the seamless operation of your business. However, it's essential to prioritize registering your business as a legal entity beforehand, as this step is often a prerequisite for applying for most of these licenses.

Razorpay Rize simplifies this fundamental yet vital aspect of the process with its online company registration services. To learn more about how Razorpay Rize can assist you, click below.

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*Prices and documents can differ based on the company type.

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Register your Business starting at just 1,499 + Govt. Fee

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Register your Limited Liability Partnership in just 1,499 + Govt. Fee

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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 

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

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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Smooth onboarding, seamless incorporation and a wonderful community. Thanks to the #razorpayrize team! #rizeincorporation
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Basanth Verma
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Exciting news! Incorporation of our company, FoxSell, with Razorpay Rize was extremely smooth and straightforward. We highly recommend them. Thank you Razorpay Rize for making it easy to set up our business in India.
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#razorpayrize #rizeincorporation
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foxsell.app
We would recommend Razorpay Rize incorporation services to any founder without a second doubt. The process was beyond efficient and show's razorpay founder's commitment and vision to truly help entrepreneur's and early stage startups to get them incorporated with ease. If you wanna get incorporated, pick them. Thanks for the help Razorpay.

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Dhaval Trivedi
TBS Magazine
Hey, Guys!
We just got incorporated yesterday.
Thanks to Rize team for all the Support.
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https://zillout.com/