Documents Required for Partnership Firm Registration in India

Feb 11, 2025
Private Limited Company vs. Limited Liability Partnerships

Starting a partnership firm in India is a relatively simple process, and it doesn't involve a lot of red tape. Governed by the Partnership Act of 1932, forming a partnership firm is straightforward, and while registration is not compulsory, it's highly recommended.

Registering your firm provides legal recognition and opens up several benefits, such as the ability to access legal rights, resolve disputes, and establish credibility with clients, suppliers, and financial institutions.

If you're considering starting a partnership firm, here's everything you need to know about the required documents and the complete registration process.

Table of Contents

Partnership Firm Registration

The registration of a partnership firm in India involves submitting an application to the Registrar of Firms in the respective state where the firm operates. While registration is optional, it is advised that the firm be registered to avail themselves of the benefits of legal rights and avoid future disputes.

The application for registration must be signed by all the partners or their agents. Once the application is verified, the Registrar of Firms records the partnership firm’s details in the Register of Firms and issues a Certificate of Registration. This certificate acts as an official recognition of the partnership firm.

The entire process is relatively simple and involves submitting basic documents, some of which we’ll discuss below.

Documents Required for Partnership Registration

When registering a partnership firm, you must provide a set of documents. These documents ensure that your firm is legally compliant and prepared for operations. Let's walk through each essential document you must submit during the registration process.

Partnership Deed

A partnership deed is a foundational document that outlines the mutual rights and obligations of the partners. While it’s technically possible to have an oral agreement, putting everything in writing helps avoid misunderstandings down the line. This document must be prepared on judicial stamp paper (available at your state’s registrar's office) and must be signed by all partners.

The partnership deed should cover important details such as:

  • The name of the partnership firm and its partners
  • The firm's registered office address
  • Profit and loss-sharing ratios
  • Capital contributions from each partner
  • Duration of the partnership

Having this document in place not only protects the interests of each partner but also ensures smooth operation and decision-making within the business.

Documents of Firm

To register the firm, you'll need to provide the firm’s PAN card, which can be obtained by filing Form 49A on the NSDL website. The authorised partner can apply using their digital signature certificate, or you can opt to submit the physical documents to the nearest PAN processing centre.

You’ll also need to provide proof of address for the firm’s registered office. This could be:

  • Rent agreement (if the office is rented)
  • Utility bills like electricity, water, or gas (not older than 2 months)
  • No Objection Certificate (NOC) from the landlord if the office is rented or from the owner if it’s owned by the firm

Documents of Partners

Each partner in the firm must submit their PAN card as proof of identity. If any partners don’t have a PAN card yet, it’s important to apply for one promptly. Additionally, partners must provide address proof like:

  • Voter ID
  • Aadhaar card
  • Driving License
  • Passport
  • Utility bills (again, not older than two months)

These documents are required to verify the identity and address of all partners, ensuring everything is transparent and official.

Additional Documents for Registration

Along with the partnership deed and documents of the firm and partners, you’ll also need to submit the following:

  • Affidavit: An affidavit certifying that all the details in the partnership deed and the supporting documents are accurate.
  • ID and address proofs of both the firm and all partners must be provided during the registration process.

GST Registration

If your firm is involved in business transactions and earning above the prescribed GST limit, you’ll need to register for GST. The process requires submitting:

  • The firm's PAN number
  • Address proof of the firm
  • Identity and address proofs of partners

The authorised signatory for GST registration must sign the application using a digital signature certificate or E-Aadhaar verification.

Related Read: Partnership Firm Tax Rate Explained

Current Bank Account

Once your firm is registered, opening a current bank account is a key step to keeping the firm’s finances in order. For the bank account, you'll need:

  • Partnership deed
  • Firm's PAN card
  • Address proof of the firm
  • Identity proofs of all partners
  • Partnership registration certificate (if applicable)
  • GST certificate (if applicable)
  • Recent utility bills (not older than three months)
  • Authorisation letter for the bank account signatory on the firm's letterhead

Related Read: Difference Between Partnership Firm and LLP

Conclusion

While the process of forming a partnership firm is straightforward, one important step that should never be overlooked is registration. Though it's not mandatory, registering your partnership firm brings numerous benefits that can protect your interests and help you navigate the complexities of business operations.

By registering your firm, you get the legal backing that validates your business structure, helping you build credibility with potential clients, suppliers, and financial institutions. It also ensures that you have access to the legal rights and protections available under the Partnership Act of 1932, which could prove essential if you need to resolve disputes or defend your business against legal challenges.

Take the time to ensure everything is in place, and your partnership firm will be poised to face challenges head-on and build a successful future.

Frequently Asked Questions

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Limited Liability Partnership
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  • Service-based businesses
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1,499 + Govt. Fee
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  • 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

Is it mandatory to register a Partnership Firm?

No, registering a partnership firm in India is not mandatory under the Partnership Act of 1932. However, it is highly advisable to register the firm as it provides legal benefits, including the ability to enforce contracts in court and resolve disputes more effectively.

An unregistered partnership firm cannot file a legal suit against third parties, which may limit its ability to protect its business interests.

What are the legal benefits provided for the registered partnership firm?

A registered partnership firm enjoys several legal benefits, including:

  1. Right to Sue – The firm can file a lawsuit against third parties if any disputes arise.
  2. Legal Protection – The firm is legally recognised, which enhances its credibility with banks, investors, and vendors.
  3. Ability to Claim Set-Off – If a third party sues the firm, it can counterclaim if it has any dues from the plaintiff.
  4. Easy Business Transactions – A registered firm can enter enforceable contracts, apply for loans, and engage in other legal business activities without restrictions.
  5. Better Dispute Resolution – In case of internal conflicts among partners, a registered partnership allows for legal recourse through courts.

How much time does it take to register a partnership?

The registration process for a partnership firm typically takes 7 to 10 working days, depending on the state in which it is being registered. However, the timeline may vary based on factors like document verification, processing time at the Registrar of Firms, and any additional legal formalities required.

Can the Certificate of Registration be revoked?

No, a Certificate of Registration issued to a partnership firm cannot be revoked once granted. However, if the firm is found to have provided false information or engaged in illegal activities, the government may take legal action, including possible dissolution. A firm may also voluntarily dissolve itself by following the required legal procedures.

When should the partners apply for registration of the partnership firm?

Partners can apply for registration at any time after forming the partnership, but it is advisable to do so at the earliest.

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.

Frequently Asked Questions

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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

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.

Difference Between Businessman and Entrepreneur : Which Path is Right For You?

Difference Between Businessman and Entrepreneur : Which Path is Right For You?

The terms "businessman" and "entrepreneur" are often used interchangeably, but there are distinct differences between the two. Understanding these differences between entrepreneur and businessman can help you determine which path aligns best with your skills, ambitions, and vision for success. In this article, we'll explore the key differences between a businessman and an entrepreneur, examining their mindset, risk-taking approach, and business goals. While a businessman typically follows an established model, an entrepreneur creates something new and innovative. Let's delve deeper into the difference between entrepreneur and business man to help you make an informed decision about your career path.

Table of Contents

Entrepreneur Vs Businessman: Know the Differences Now!

To clearly understand the difference between entrepreneur and business man, let's compare their key characteristics:

Aspect Entrepreneur Businessman
Definition Starts an enterprise based on a new idea or concept Sets up a business with an existing idea
Innovation Constantly works towards innovation in products, business models, and marketing strategies Focuses on executing known business ideas and models
Risk-taking Willing to take greater risks for higher rewards Takes calculated risks and prefers tested methods
Motivation Driven by the desire to innovate, create, and make an impact Primarily motivated by making money and generating profits
Approach Unconventional; creates new markets and explores uncharted territories Conventional; operates based on existing market conditions
Resources Usually starts with limited resources and arranges them along the way Mostly starts with adequate capital and business skills
Competition Aims to make competition irrelevant by creating new uncontested market spaces Tries to capture market share from existing players
Growth Always looking for rapid and significant growth Satisfied with slow and steady growth as long as the business remains profitable

By examining these key differences, you can begin to understand the distinct mindsets and approaches that define an entrepreneur and a businessman. While entrepreneurs bring innovation and disruption to industries, businessmen excel at optimising existing models for profitability and longevity.

Who is a Businessman?

A businessman is an individual who operates within the confines of an existing market, focusing on profitability and stability. They typically follow proven business models, work with lower risks, and aim for steady growth rather than groundbreaking innovation. Businessmen are skilled at identifying opportunities within established industries and leveraging their expertise to maximise returns.

Qualities of a Businessman

To succeed as a businessman, one must possess a unique set of qualities that enable them to navigate the challenges of running a business effectively. Some of the essential qualities of a successful businessman include:

  • Strong decision-making skills to navigate complex business situations
  • Effective risk management to minimise potential losses
  • Excellent leadership abilities to guide teams towards common goals
  • Financial acumen to optimise budgets and maximise profits
  • Adaptability to changing market conditions and consumer demands

A businessman with these qualities can effectively steer their organisation towards profitability, make sound financial decisions, and lead their team to achieve targets and milestones.

Types of Businessman

Businessmen can be categorised based on their business model and operations. Some common types of businessmen include:

  • Small Business Owners: These individuals own and operate small-scale businesses, often in local markets or niche industries.
  • Traders: Businessmen who engage in buying and selling goods or services for profit, often in wholesale or retail markets.
  • Manufacturers: Those who own and manage manufacturing facilities, producing goods for sale to other businesses or consumers.
  • Franchise Owners: Businessmen who operate a business under a franchising agreement, following established business models and brand guidelines.
  • Corporate Businessmen: High-level executives or managers within large corporations, responsible for overseeing departments or entire business units.

Each type of businessman contributes to the economy in their own way, whether by providing employment opportunities, generating revenue, or contributing to the overall growth of their industry.

Who is an Entrepreneur?

An entrepreneur is an individual who identifies a problem or opportunity, takes on the risk of starting a new venture to address it, and comes up with innovative ideas to disrupt the market. Entrepreneurs are driven by a passion for solving problems and creating value, often venturing into uncharted territories to bring their vision to life.

Entrepreneurs focus on building scalable businesses from the ground up, constantly seeking new ways to innovate and improve upon existing solutions. They are not afraid to challenge the status quo and take bold risks in pursuit of their goals. Some famous examples of entrepreneurs include Bill Gates (Microsoft), Steve Jobs (Apple), Elon Musk (Tesla, SpaceX), and Jeff Bezos (Amazon), all of whom founded highly innovative companies that revolutionised entire industries.

Qualities of an Entrepreneur

Successful entrepreneurs possess a distinct set of qualities that enable them to navigate the challenges of starting and growing a business. Some of the key qualities of an entrepreneur include:

  • Innovative thinking to come up with original, impactful ideas
  • Comfort with taking risks to bring unproven concepts to market
  • Resilience to overcome the many challenges of starting a business
  • Strong leadership skills to build and inspire talented teams
  • Adaptability to pivot business strategies as needed
  • Creative problem-solving abilities to navigate uncharted territory

These qualities help entrepreneurs blaze new trails and create value in the world.

Entrepreneurs with these qualities are well-equipped to identify market gaps, develop unique solutions, and persevere through the ups and downs of building a successful venture.

Types of Entrepreneur

Entrepreneurs can be classified based on their approach, industry, and level of innovation. Some common types of entrepreneurs include:

  • Small Business Entrepreneurs: These individuals start and run small businesses, often serving local markets or niche industries.
  • Scalable Startup Entrepreneurs: Entrepreneurs who focus on building high-growth, innovative companies with the potential to scale rapidly and disrupt markets.
  • Social Entrepreneurs: Those who start ventures with the primary goal of creating social or environmental impact, often addressing pressing societal issues.
  • Corporate Entrepreneurs (Intrapreneurs): Entrepreneurs who operate within large corporations, driving innovation and new business development from within.
  • Innovative Entrepreneurs: Entrepreneurs who consistently push the boundaries of their industries, introducing groundbreaking products, services, or business models.

Each type of entrepreneur brings a unique perspective and set of skills to the table, contributing to the overall diversity and dynamism of the business world.

Similarities Between Entrepreneurs and Businessmen

Despite their differences, entrepreneurs and businessmen share some common traits and characteristics that contribute to their success. These similarities include:

  1. Leadership skills: Both roles require the ability to lead and motivate teams, set goals, and make critical decisions.
  2. Goal orientation: Entrepreneurs and businessmen are driven by their goals, whether it's building a successful startup or growing an established company.
  3. Financial management: Both must be skilled at managing finances, creating budgets, and making sound financial decisions.
  4. Market understanding: A deep understanding of their target market, customer needs, and industry trends is essential for both entrepreneurs and businessmen.

While their approaches may differ, both entrepreneurs and businessmen play crucial roles in driving economic growth, creating jobs, and generating value for their stakeholders. Recognising these shared traits can help aspiring entrepreneurs and businessmen focus on developing the skills and qualities that are most likely to contribute to their success, regardless of the path they choose.

Final Thoughts

Choosing between the path of an entrepreneur or a businessman ultimately depends on your individual goals, risk appetite, and preferred work style. If you thrive on stability, have strong management skills, and prefer working with established business models, the path of a businessman may be right for you. On the other hand, if you're a passionate risk-taker with a drive to solve problems and disrupt industries with innovative ideas, entrepreneurship could be your calling.

Regardless of the path you choose, understanding the difference between a businessman and an entrepreneur is crucial in aligning your skills and passions with your professional goals. By recognising the key differences between entrepreneur and business man, you can make an informed decision about which route best suits your unique strengths and aspirations.

Ultimately, both entrepreneurs and businessmen contribute significantly to the economy, and society needs each type to thrive. The key is to align your career path with your unique strengths, passions, and goals. Whether you choose to be an innovator or an optimiser, the business world offers endless opportunities for growth and success.

Frequently Asked Questions

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Register your One Person Company in just 1,499 + Govt. Fee

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

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

Register your business

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

Who is bigger-entrepreneur or businessman?

Neither entrepreneurs nor businessmen are inherently "bigger" than the other. The scale and impact of their ventures depend on various factors such as industry, market conditions, and individual success. Some entrepreneurs may build large, disruptive companies, while some businessmen may run highly successful, established corporations.

Is a businessman also called an entrepreneur?

While businessmen and entrepreneurs share some common traits, they are not necessarily the same. A businessman typically operates within established market frameworks, focusing on profitability and stability, while an entrepreneur is driven by innovation and takes risks to create new products, services, or markets.

What are the challenges of being an entrepreneur and a businessman?

Both entrepreneurs and businessmen face challenges in their respective roles. Entrepreneurs often face high risk, uncertainty, and the need to constantly innovate, while businessmen may struggle with adapting to changing market conditions, maintaining profitability, and managing complex operations.

Are businessmen and entrepreneurs equally focused on long-term goals?

Both businessmen and entrepreneurs have long-term goals, but their focus may differ. Entrepreneurs often prioritize building scalable, innovative companies with the potential for high growth, while businessmen may focus on steady, long-term profitability and market share within established industries.

Who is an example of an entrepreneur?

Some well-known examples of entrepreneurs include Steve Jobs (Apple), Bill Gates (Microsoft), Elon Musk (Tesla, SpaceX), Jeff Bezos (Amazon), and Mark Zuckerberg (Facebook). These individuals founded innovative companies that disrupted industries and created entirely new markets.

Who is an example of a businessman?

Examples of successful businessmen include Warren Buffett (Berkshire Hathaway), Mukesh Ambani (Reliance Industries), Ratan Tata (Tata Group), and Lakshmi Mittal (ArcelorMittal). These individuals have led and grown large, established companies, focusing on profitability and market dominance within their respective industries.

Eashita Maheshwary

With nearly a decade of building and nurturing strategic connections in D2C space, Eashita is a business growth strategist known for turning networks into revenue, relationships into partnerships, and ideas into actionable growth.

A three-time founder across gender diversity, investing, and real estate-hospitality sectors, Eashita Maheshwary brings a unique blend of entrepreneurial empathy and ecosystem expertise. Now focused on helping startups and businesses scale, she specializes in enabling growth through partnerships with a proven track record of working across geographies like India and the Middle East.

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Appointment of Company Secretary: Roles and Responsibilities Explained

Appointment of Company Secretary: Roles and Responsibilities Explained

When building a company, compliance is not just a checkbox- it’s the backbone that ensures smooth functioning, legal validity, and market trust. Among the key professionals steering compliance, the Company Secretary (CS) plays one of the most critical roles.

This blog discusses the appointment of a Company Secretary in India, their roles, responsibilities, eligibility criteria, and the complete procedure for appointment and removal, as guided by the Companies Act, 2013.

Table of Contents

Who is a Company Secretary?

A Company Secretary (CS) is a key managerial professional responsible for ensuring that a company complies with legal, regulatory, and governance requirements. In India, a Company Secretary serves as the compliance officer, legal advisor, and corporate governance guide.

The core duties include:

  • Overseeing compliance under the Companies Act, 2013
  • Drafting, filing, and maintaining legal documentation
  • Facilitating communication between the board of directors and shareholders
  • Distributing dividends and handling investor relations
  • Maintaining statutory records and registers
  • Organising and recording minutes of board and shareholder meetings
  • Drafting policies and internal documents for the company
  • Ensuring compliance with stock exchanges (for listed companies)
  • Managing corporate actions like mergers, acquisitions, and restructuring

Eligibility Criteria of a Company Secretary

To qualify as a Company Secretary in India:

  • One must pass the ICSI (Institute of Company Secretaries of India) exam and hold an active membership with ICSI.
  • Listed companies are required to appoint a full-time Company Secretary.
  • Public and private companies with paid-up share capital of ₹10 crore or more must mandatorily appoint a whole-time CS.

This ensures that companies above a specific size have strong compliance and governance oversight.

Importance of the Company Secretary in the Business Environment

A Company Secretary is more than a compliance officer—they are strategic advisors who ensure a business operates within legal frameworks while fostering governance and ethical practices.

Key importance includes:

  • Ensuring compliance with corporate and securities law
  • Advising leadership on legal and governance risks
  • Playing a critical role in board meetings and influencing policy decisions
  • Building trust with investors, regulators, and the public through transparent reporting

By law, only those with ICSI membership or equivalent recognised qualifications can be appointed, ensuring professional credibility.

Functions of Company Secretaries

Under Section 205 of the Companies Act, 2013, the functions of a Company Secretary include:

  • Ensuring the company complies with the secretarial standards issued by ICSI
  • Reporting compliance status to the Board of Directors regularly
  • Performing duties as prescribed by the Companies Act and other applicable laws

This formalises their role as the company’s governance backbone.

Duties of a Company Secretary

According to Rule 10 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, the duties of a CS include:

  • Guiding directors on their statutory responsibilities
  • Convening and recording minutes of board and general meetings
  • Ensuring approvals for company actions like the issue of shares, loans, or mergers
  • Representing the company before regulators, tribunals, and government bodies
  • Assisting the board in company affairs and decision-making. Ensuring compliance with corporate governance standards and best practices

Responsibilities of a Company Secretary in India

In India, a Company Secretary carries responsibilities that go beyond legal compliance:

  • Facilitating business operations by ensuring all approvals are in place
  • Conducting secretarial audits to verify compliance
  • Advising on corporate transactions such as mergers, acquisitions, and share issues
  • Promoting corporate governance through ethics, transparency, and accountability
  • Acting as a communication link between management, regulators, and investors

Rules of Company Secretary Appointment in India

As per Section 203 of the Companies Act, 2013, and Rules 8 & 8A:

  • Every listed company must appoint a whole-time Company Secretary.
  • Every public or private company with a paid-up share capital of ₹10 crore or more must also appoint a CS.
  • Smaller companies may appoint a CS, though it is not mandatory.

Company Secretary Appointment Procedure in India

The process for appointing a Company Secretary involves:

  1. Notifying directors through a Board Meeting under Section 173
  2. Passing a Board Resolution for the appointment
  3. Filing Form DIR-12 with the Registrar of Companies (ROC) within 30 days
  4. Submitting Form MGT-14 (where applicable) with prescribed fees
  5. Updating statutory registers as per Section 170 of the Companies Act, 2013
  6. For listed companies, informing the stock exchange about the appointment

Procedure for the Removal/Resignation of Company Secretary

If a Company Secretary resigns or is removed:

  • The company must hold a Board Meeting to pass a resolution
  • File DIR-12 with the ROC (and MGT-14 in the case of public or listed companies)
  • Inform stock exchanges in case of listed entities

Update the register of directors and key managerial personnel as per Section 170

Frequently Asked Questions (FAQs)

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Frequently Asked Questions

Who appoints Company Secretaries?

The Board of Directors of a company appoints a Company Secretary through a board resolution. The decision is recorded in the company’s board meeting minutes.

What is Rule 8 of the appointment of a Company Secretary?

Under Rule 8 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, every listed company and every public company with a paid-up share capital of ₹10 crore or more must appoint a whole-time Company Secretary.

Is MGT-14 required for the appointment of a Company Secretary?

Yes, the appointment of a Company Secretary is a board resolution, and filing of Form MGT-14 with the Registrar of Companies (ROC) is required under Section 117(3) of the Companies Act, 2013.

What is the time limit for appointing a CS?

The appointment of a Company Secretary must be made within 30 days from the date on which the company becomes legally obliged (i.e., when it crosses the prescribed paid-up capital threshold or is incorporated as a listed company).

Is it mandatory to appoint a Company Secretary?

  • For private limited companies: Appointment of a CS is not mandatory, regardless of share capital.
  • For public companies: It is mandatory to appoint a whole-time CS if the paid-up share capital is ₹10 crore or more.
  • For listed companies: Appointment of a CS is always mandatory.

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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