KYC of Directors: Requirements, Fees, Penalty & How to Apply

May 12, 2025
Private Limited Company vs. Limited Liability Partnerships

In the corporate landscape, transparency and compliance are not just good practices but mandatory. One of the key compliance steps every company director needs to follow is KYC (Know Your Customer) for directors.

Introduced by the Ministry of Corporate Affairs (MCA), this process ensures that accurate and up-to-date details of directors are maintained in official records. This is important not only for good governance but also for maintaining trust and accountability in the ecosystem.

In this blog, we’ll explain everything you need to know about Director KYC- its purpose, who needs to file it, the steps involved, fees, penalties, and how to apply online with ease.

Table of Contents

DIR-3 KYC

Form DIR-3 KYC is an important annual compliance step that every person holding a Director Identification Number (DIN) must complete. Whether you're currently a director in a company or not, if you have a DIN, you must file this form each year.

The Ministry of Corporate Affairs (MCA) mandates filing this form every year to ensure that directors’ records are current and accurate.

Failing to file this form within the deadline will lead to the DIN being marked as “Deactivated due to non-filing of DIR-3 KYC,” restricting a director from participating in company matters until compliance is restored.

Purpose of the Form DIR-3 KYC

The purpose of DIR-3 KYC is to keep director information in sync with official records and maintain a transparent and compliant corporate ecosystem. It ensures that directors update their information annually with the MCA.

Who Has to File e-Form DIR-3 KYC?

Every individual who holds a DIN, regardless of whether they are currently serving as a director, must file the e-Form DIR-3 KYC with the MCA each year. This includes:

There are no exemptions, so it's essential to comply regardless of your status or position.

Applicable Fee For Form DIR-3 KYC

  • Filing Fee: Free if filed on or before September 30
  • Penalty: ₹5,000 if filed after the due date, and the DIN will be deactivated until payment is made

Due Date for Filing DIR 3 KYC Form

The KYC form must be submitted by September 30 every year. There are two formats:

  • DIR-3 KYC: For first-time filers or those updating details
  • DIR-3 KYC Web: For those who have filed previously and have no changes

Penalties for Late Filing of the Form DIR-3 KYC

Missing the September 30 deadline results in:

  • DIN Deactivation
  • A penalty of ₹5,000 to reactivate the DIN

Documents Required to File DIR-3 KYC Form

Directors need the following documents:

  • Self-attested PAN card
  • Self-attested Aadhaar card
  • Passport (if available)
  • Valid mobile number and email ID
  • Digital Signature Certificate (DSC)

Key Verification Steps for Filing the Form DIR-3 KYC

Filing the DIR-3 KYC form may seem straightforward, but following the steps carefully is important to ensure successful submission and avoid any delays or penalties. Here's a detailed breakdown of the process:

Step 1: Collect Personal Documents

Before starting the filing process, gather all the required documents.

Step 2: Ensure Accuracy of Details

Ensure that all the information you enter in the form matches the details mentioned in your official documents (especially PAN and Aadhaar). Any mismatch can lead to rejection or delays in processing.

Step 3: Verify with OTP

Once you enter your email ID and mobile number, an OTP (One-Time Password) will be sent for verification. This is an essential part of the KYC process and ensures that your contact information is valid and belongs to you.

Step 4: Sign with a Digital Signature Certificate (DSC)

The DIR-3 KYC form must be digitally signed by the director using a valid DSC (Class 2 or Class 3). This step certifies the authenticity of the information being submitted.

Step 5: Get it attested by a Professional

After signing the form with your DSC, the form must be certified by a practising professional like a Chartered Accountant (CA) or a Company Secretary (CS). The professional must verify the form’s contents and affix their own digital signature. Their membership number, certificate of practice number, and contact details must also be provided.

Step 6: Upload the Form to the MCA Portal

Once the form is digitally signed and attested, upload it on the Ministry of Corporate Affairs (MCA) portal.

Process After Submitting the DIR-3 KYC Form

Once the DIR-3 KYC form is successfully submitted on the MCA portal, the following steps take place:

  • SRN Generation: An SRN (Service Request Number) is instantly generated upon submission. This SRN is important for tracking your application and for any future correspondence with the Ministry of Corporate Affairs (MCA).
  • Email Acknowledgement: The director receives an acknowledgment email at their registered email address. This email confirms the receipt and approval of the DIR-3 KYC form and usually includes a receipt of the submission. It is advisable to save this receipt for your records.
  • MCA Verification: The MCA system verifies the details provided in the form. If all information is correct, the status of the Director Identification Number (DIN) is updated to reflect successful KYC completion.
  • Error Handling: If there are any errors or discrepancies in the submitted information, the form may be rejected, and the director will be required to correct the errors and resubmit the form.
  • Late Filing Consequences: If the DIR-3 KYC form is filed after the due date (generally 30th September), a late fee of Rs. 5,000 is applicable. In such cases, the DIN remains deactivated due to non-filing until the form is submitted and the late fee is paid.

Key Points to Remember:

  • Save the SRN and acknowledgment receipt for future reference.
  • Check your email for approval or any further instructions from MCA.
  • If filed late, ensure payment of the prescribed penalty to reactivate your DIN.

Conclusion

Filing your DIR-3 KYC might feel like just another task, but it plays a big role in keeping things smooth and compliant for you as a company director. It helps the government maintain updated records, ensures transparency, and keeps your Director Identification Number (DIN) active.

If you miss the September 30 deadline, your DIN can be deactivated, which means you won’t be able to sign documents or carry out official duties as a director. So, take a few minutes each year to check your details, fill out the form, and stay compliant.

Frequently Asked Questions

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Private Limited Company
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  • Service-based businesses
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  • 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 KYC for directors?

KYC (Know Your Customer) for directors refers to the mandatory process where every director with a Director Identification Number (DIN) must submit personal details and verify identity annually by filing Form DIR-3 KYC with the Ministry of Corporate Affairs (MCA).

What is the last date for filing DIR-3 KYC?

The last date to file DIR-3 KYC is 30th September of every financial year for directors who were allotted DIN on or before 31st March of the preceding financial year.

How to check KYC status of directors?

You can check the KYC status of a director by visiting the MCA portal, navigating to the “MCA Services” section, and selecting ‘View DIN Status’. Enter the DIN to see if the KYC is marked as “KYC Verified” or “Deactivated due to non-filing”.

What happens if director KYC is not done?

If DIR-3 KYC is not filed by the due date, the DIN is deactivated, and the director cannot sign any filings with the ROC or act as a director. A penalty of ₹5,000 is imposed for delayed filing.

Sarthak Goyal

Sarthak Goyal is a Chartered Accountant with 10+ years of experience in business process consulting, internal audits, risk management, and Virtual CFO services. He cleared his CA at 21, began his career in a PSU, and went on to establish a successful ₹8 Cr+ e-commerce venture.

He has since advised ₹200–1000 Cr+ companies on streamlining operations, setting up audit frameworks, and financial monitoring. A community builder for finance professionals and an amateur writer, Sarthak blends deep finance expertise with an entrepreneurial spirit and a passion for continuous learning.

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Related Posts

Dormant Company Meaning: Section 455 of Companies Act 2013

Dormant Company Meaning: Section 455 of Companies Act 2013

The concept of a dormant company was introduced in the Companies Act, 2013 to allow businesses to maintain their legal status while having minimal operations. Dormant company registration under Section 455 of the Act is a strategic move for companies planning to become temporarily inactive due to various reasons, such as holding assets, protecting intellectual property, or preparing for future projects. This article delves into the meaning, eligibility, benefits, and process of obtaining dormant company status in India.

Table of Contents

What Is a Dormant Company?

Under the Companies Act, 2013, a dormant company refers to an entity that is temporarily inactive, with no significant accounting transactions during a financial year. The definition of a dormant company encompasses companies that are:

  • Incorporated for future projects
  • Established to hold assets or intellectual property
  • Not engaged in any significant financial transactions

To be eligible for dormant company status, a company must meet the following criteria:

  • No significant accounting transactions during the last two financial years
  • No filing of financial statements and annual returns with the Registrar of Companies (ROC) in the preceding two financial years

It's important to note that a company can remain dormant for a maximum of five consecutive financial years. After this period, the company must either commence operations or apply for an extension of dormant status with the ROC.

Is a Dormant Company Allowed To Trade?

A dormant company is not allowed to conduct significant business transactions, such as:

  • Buying or selling goods and services
  • Engaging in revenue-generating operations
  • Undertaking any other form of trade

However, a dormant company can carry out certain essential activities, including:

  • Paying fees and fulfilling compliance requirements under the Companies Act or other applicable laws
  • Maintaining its registered office and records
  • Allotting shares to shareholders

Engaging in active trading or substantial business transactions may lead to the loss of dormant company status. Therefore, it is crucial for business owners to ensure that their dormant company remains compliant with the prescribed regulations.

A Brief Overview of Dormant Status Under the Companies Act 2013

Section 455 of the Companies Act 2013 introduced the concept of dormant companies to provide a legal framework for businesses that wish to temporarily suspend their operations while maintaining their legal status. This provision allows companies to:

  • Preserve their assets and intellectual property
  • Reduce compliance costs during periods of inactivity
  • Keep their company name reserved for future projects

Meaning of Inactive Company

An inactive company, as per the Companies Act 2013, is a company that:

  • Has not conducted any significant financial transactions during the last two financial years
  • Has not filed financial statements and annual returns with the ROC for the preceding two financial years

Reasons for Obtaining the Status of a Dormant Company

There are several reasons why a company may choose to obtain dormant company status:

  • To preserve the company name for future business ventures
  • To hold assets or intellectual property without actively engaging in business operations
  • To reduce compliance costs and regulatory burdens during periods of inactivity
  • To facilitate business restructuring or strategic planning
  • To maintain legal status while the promoters or directors are unavailable due to personal reasons, such as illness, travel, or sabbatical

Top 5 Benefits of Opting for Dormant Company Status

  1. Reduced Compliance Requirements: Dormant companies are subject to significantly fewer compliance obligations under the Companies Act 2013. This includes exemptions from holding frequent board meetings, appointing auditors, and filing detailed annual returns.
  2. Cost Savings: By reducing compliance requirements, dormant companies can save on administrative expenses, such as auditor fees, legal costs, and filing charges. This can be particularly beneficial for small businesses and start-ups looking to minimise overhead costs.
  3. Brand Name Protection: Registering as a dormant company allows businesses to protect their brand name and prevent others from registering a similar name. This is crucial for companies that have invested in building a strong brand identity and want to preserve it for future use.
  4. Flexibility for Future Business Plans: Dormant company status provides businesses with the flexibility to reactivate their operations when the time is right. This can be particularly useful for companies that are waiting for market conditions to improve or for key personnel to return from extended absences.
  5. Simplified Annual Filings: Dormant companies are required to file a simplified version of the annual return, known as Form MSC-3. This form requires less detailed information compared to the annual returns filed by active companies, reducing the administrative burden on business owners.

By weighing the benefits of dormant company status against the specific needs and goals of their business, entrepreneurs can make informed decisions about whether this legal structure is suitable for their situation.

Mandatory Requirements for Obtaining Dormant Status

To be eligible for dormant company status under Section 455 of the Companies Act 2013, a company must fulfil certain mandatory requirements:

  1. No Significant Accounting Transactions: The company must not have carried out any significant accounting transactions during the financial year for which dormant status is sought. This excludes transactions related to the allotment of shares, payment of fees to the ROC, and maintenance of the company's office and records.
  2. No Outstanding Liabilities: The company must not have any outstanding loans, whether secured or unsecured, or any other outstanding liabilities. If there are any outstanding unsecured loans, the company must obtain a no-objection certificate from the lenders before applying for dormant status.
  3. No Pending Regulatory Actions: There should be no pending inspections, inquiries, or investigations against the company by any regulatory authorities. Additionally, no prosecution proceedings should be initiated against the company under any law.
  4. Up-to-date Statutory Filings: The company must have filed all its pending returns, including annual returns and financial statements, with the ROC before applying for dormant status.
  5. Shareholder Approval: The company must obtain approval from its shareholders through a special resolution passed at a general meeting. Alternatively, the company can obtain the consent of at least 3/4th of its shareholders by value through a written resolution.

How to File for Dormant Status: A Step-By-Step Guide

Filing for dormant company status involves a series of steps that must be followed in accordance with the provisions of the Companies Act 2013:

  1. Convene a Board Meeting: The company's board of directors must convene a meeting to discuss and approve the proposal for obtaining dormant status. The board resolution should authorise the filing of the necessary application and documents with the ROC.
  2. Obtain Shareholder Approval: The company must obtain approval from its shareholders either through a special resolution passed at a general meeting or through the written consent of at least 3/4th of the shareholders by value.
  3. Prepare the Statement of Affairs: The company must prepare a statement of affairs, including a balance sheet and profit and loss account, as of the date of the application for dormant status. This statement should be verified by an affidavit from the company's directors.
  4. File Form MSC-1: The company must file Form MSC-1 with the ROC, along with the necessary supporting documents, including the board resolution, shareholder approval, statement of affairs, and any other relevant documents as specified in the Companies Act 2013.
  5. Pay the Prescribed Fees: The company must pay the prescribed fees for filing Form MSC-1, as specified in the Companies (Registration Offices and Fees) Rules, 2014.
  6. Obtain Certificate of Dormant Status: Upon verification of the application and supporting documents, the ROC will issue a certificate of dormant status to the company in Form MSC-2.

It is important to note that the entire process of filing for dormant company status must be completed within 30 days of obtaining shareholder approval. Companies should seek the assistance of a qualified professional, such as a company secretary or chartered accountant, to ensure compliance with the prescribed procedures and timelines.

ROC Forms for Registering Dormant Company

Form Name Purpose
Form MSC-1 Application for obtaining dormant company status
Form MSC-3 Return of dormant companies
Form MSC-4 Application for seeking the status of an active company
  • Form MSC-1: This form is used to apply for obtaining dormant company status. It must be filed with the ROC within 30 days of obtaining shareholder approval. The form requires details such as the company's name, registered office address, directors' particulars, and the reasons for seeking dormant status.
  • Form MSC-3: This form is used to file the annual return of a dormant company. It must be filed within 30 days from the end of each financial year. The form requires details such as the company's financial position, shareholding pattern, and any changes in the directors' or registered office address.
  • Form MSC-4: This form is used to apply for seeking the status of an active company. It must be filed with the ROC when a dormant company wants to commence business operations. The form requires details such as the company's name, registered office address, and the reasons for seeking active status.

Annual Compliance for Dormant Company

While dormant companies enjoy certain relaxations under the Companies Act 2013, they are still required to fulfil essential annual compliance tasks in four key areas:

  1. Accounting and Financial Statements: Dormant companies must maintain proper books of accounts and prepare financial statements, including a balance sheet and profit and loss account, for each financial year. These financial statements must be approved by the board of directors and presented at the annual general meeting.
  2. Statutory Audit: Dormant companies are required to appoint a statutory auditor to conduct an audit of their financial statements. However, dormant companies are exempt from the requirement of auditor rotation, which is mandatory for active companies.
  3. Tax Return Filings: Dormant companies must file their income tax returns annually, even if they have not generated any income during the financial year. They are also required to comply with other applicable tax laws, such as the Goods and Services Tax (GST) and Tax Deducted at Source (TDS) provisions.
  4. ROC Filings: Dormant companies must file an annual return in Form MSC-3 with the ROC within 30 days from the end of each financial year. This form requires details such as the company's financial position, shareholding pattern, and any changes in the directors' or registered office address.
Compliance Requirement Frequency
Board Meetings Twice a year
Annual General Meeting Once a year
Financial Statements Annually
Statutory Audit Annually
Income Tax Return Filing Annually
Form MSC-3 Filing Annually

By fulfilling these annual compliance requirements, dormant companies can ensure that they remain in good standing with the regulatory authorities and avoid any penalties or legal consequences.

Reactivation of a Dormant Company

A dormant company can be reactivated and commence business operations by following the prescribed procedure under the Companies Act 2013:

  1. Convene a Board Meeting: The company's board of directors must convene a meeting to discuss and approve the proposal for reactivating the company. The board resolution should authorise the filing of the necessary application and documents with the ROC.
  2. File Form MSC-4: The company must file Form MSC-4 with the ROC, along with the necessary supporting documents, including the board resolution and any other relevant documents as specified in the Companies Act 2013.
  3. Pay the Prescribed Fees: The company must pay the prescribed fees for filing Form MSC-4, as specified in the Companies (Registration Offices and Fees) Rules, 2014.
  4. Obtain Certificate of Active Status: Upon verification of the application and supporting documents, the ROC will issue a certificate of active status to the company in Form MSC-5.

Once the company has obtained the certificate of active status, it can commence business operations and is required to comply with all the provisions of the Companies Act 2013 applicable to active companies, including regular compliance requirements such as holding board meetings, filing annual returns, and appointing auditors.

Conclusion

Dormant company under Section 455 of the Companies Act 2013 is a strategic tool for businesses to preserve their legal identity while suspending operations. It allows companies to protect their brand name, reduce compliance costs, and maintain flexibility for future ventures. To benefit from this status, businesses must meet eligibility criteria and comply with statutory requirements. Seeking professional assistance is advisable to navigate the process effectively and avoid legal issues. This approach is ideal for future projects, asset holding, or temporary business pauses, offering a cost-effective solution for maintaining legal existence.

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

How does a company become dormant?

To become a dormant company, a company must pass a special resolution in a general meeting and file Form MSC-1 with the Registrar of Companies, along with the necessary documents and fees.

How long is the company's dormant status?

A company can maintain its dormant status for a maximum of five consecutive financial years. After this period, the company must either reactivate or apply for voluntary closure.

What forms are needed for a dormant company status application?

The key forms required for a dormant company status application are e-Form MGT-14 (filed within 30 days of passing the special resolution) and e-Form MSC-1 (filed within 30 days after the special resolution to apply for dormant status).

Can a dormant company be active?

Yes, a dormant company can reactivate and become an active company by filing Form MSC-4 with the Registrar of Companies, submitting Form MSC-3 (Annual Return), and paying the prescribed fee.

Can a dormant company be closed?

Yes, a dormant company can apply for voluntary closure if it has not been reactivated within five consecutive financial years or if the promoters decide to wind up the business.

How to close a Dormant Company in India?

To close a dormant company in India, the company must follow the voluntary winding-up process under the Companies Act 2013. This involves passing a special resolution, appointing a liquidator, settling all liabilities, and distributing any remaining assets among the shareholders. The company must also file the necessary forms with the Registrar of Companies and obtain approval for the closure.

Sarthak Goyal

Sarthak Goyal is a Chartered Accountant with 10+ years of experience in business process consulting, internal audits, risk management, and Virtual CFO services. He cleared his CA at 21, began his career in a PSU, and went on to establish a successful ₹8 Cr+ e-commerce venture.

He has since advised ₹200–1000 Cr+ companies on streamlining operations, setting up audit frameworks, and financial monitoring. A community builder for finance professionals and an amateur writer, Sarthak blends deep finance expertise with an entrepreneurial spirit and a passion for continuous learning.

Read more
Different Types of Companies in India - Complete Guide

Different Types of Companies in India - Complete Guide

Starting a business in India is an exciting and transformative journey, filled with opportunities to bring your ideas to life and create something impactful. However, one of the most crucial decisions you’ll face early on is choosing the proper business structure. Think of it as laying the foundation for your venture—get it right, and it supports your growth; get it wrong, and it could lead to unnecessary challenges down the line.

Each business type has its own advantages, legal responsibilities and operational requirements, making it essential to align your choice with your goals, resources and long-term vision.

In this blog, we’ll simplify the complexities, walking you through the different types of companies in India, their features, benefits and the documents required to get started.

Common types of companies in India and their classification

Table of Contents

What Are the Types of Business Entities?

India’s vibrant economy is home to diverse industries and entrepreneurial ambitions, necessitating a range of business entity options. From solo ventures to large-scale collaborations, the choice of business structure directly impacts a company's growth, legal compliance, tax obligations and operational efficiency.

There are different types of companies in India, ranging from individual ownership models to multi-member organisations, catering to various needs and scales. These include:

Types of Business Structures in India

India offers a variety of business structures to suit different entrepreneurial needs, scales and industries. Each structure has unique features, benefits and drawbacks, making it crucial to choose the right one based on your business goals. Let’s dive deeper into different types of businesses in India:

  1. Sole ProprietorshipA sole proprietorship is the simplest and most commonly adopted business structure in India, especially for small businesses or individual entrepreneurs. It is an unincorporated business owned and managed by a single person.
    Features:
    • No separate legal entity; the business is considered the same as the owner.
    • Unlimited liability: The owner's personal assets are at risk in case of debts.
    • Minimal compliance: Easy to set up and operate with fewer regulations.
  2. PartnershipA partnership is a business structure where two or more individuals share ownership, profits and responsibilities. It is governed by the Indian Partnership Act of 1932 and is ideal for businesses requiring diverse skill sets.
    Features:
    • Joint ownership and decision-making.
    • Unlimited liability for all partners unless specified otherwise in the partnership agreement.
    • No perpetual succession; the partnership dissolves upon a partner's death or withdrawal.
  3. Limited Liability Partnerships (LLP)An LLP blends the advantages of a partnership with the benefits of limited liability. Introduced under the LLP Act of 2008, it is ideal for professionals or small businesses looking for a flexible yet secure structure.
    Features:
    • Combines the flexibility of partnerships with limited liability protection.
    • A separate legal entity from its partners.
    • Requires at least two designated partners.
  4. Private Limited Companies (Pvt Ltd)A Private Limited Company is a favoured structure among startups and small-to-medium enterprises with several advantages. It is governed by the Companies Act of 2013 and allows for limited liability while offering scalability.
    Features:
    • Separate legal identity from its owners.
    • Limited liability for shareholders.
    • Eligibility to issue shares for raising funds.
  5. Public Limited CompaniesA Public Limited Company is suitable for businesses aiming to scale operations and raise public funds through shares. A company whose shares are publicly traded, with ownership open to the general public.
    Features:
    • Requires a minimum of seven shareholders and three directors.
    • No upper limit on the number of shareholders.
    • Vulnerable to market fluctuations.
  6. One Person Companies (OPC)Introduced under the Companies Act of 2013, an OPC caters to solo entrepreneurs seeking limited liability benefits. Simply put, a single individual owns the company while enjoying limited liability protection.
    Features:
    • Mandatory to appoint a nominee.
    • Limited liability for the owner.
    • Not eligible for equity funding.
  7. Section 8 Companies (NGOs)Section 8 Companies are nonprofit organisations formed under the Companies Act of 2013 to promote social welfare activities. These companies focus on charitable objectives like education, healthcare or environmental protection.
    Features:
    • Profits cannot be distributed as dividends.
    • Tax exemptions are available under specific conditions.
  8. Joint-Venture CompaniesA Joint- Venture (JV) combines two or more entities to collaborate on a specific project or goal. Partners share resources, expertise and profits while retaining their individual entities.
    Features:
    • Operates under a joint agreement for a specific purpose.
    • Temporary or long-term collaboration.
    • Shared financial risks.
  9. Non-Government Organisations (NGOs)NGOs are entities dedicated to social welfare causes, operating independently of the government. NGOs can be structured as trusts, societies or Section 8 Companies, focusing on various charitable activities.
    Features:
    • Operates without a profit motive.
    • May qualify for tax exemptions.
    • Drives social change and community development.

Types of Companies Based on Size

In India, companies can be categorized based on their size, typically determined by factors such as turnover, capital investment, and employee count. Here are the main types of companies in India based on size:

Here are the main types of companies based on members:

1. Micro Enterprises

Micro-enterprises are the smallest category of companies, characterized by low investment in plant and machinery or equipment. In India, micro-enterprises are defined as those with an investment of up to Rs. 1 crore in manufacturing and an annual turnover of Rs. 5 crore.

2. Small Enterprises

Small enterprises are slightly larger than micro-enterprises but still fall within the small-scale sector. In India, small enterprises are defined as those with an investment of not more than Rs. 10 crore and an annual turnover of not more than Rs. 50 crore.

3. Medium Enterprises

Medium enterprises are larger than small enterprises but smaller than large corporations. In India, medium enterprises are defined as those with an investment of more than Rs. 50 crore in manufacturing and an annual turnover of not more than Rs. 250 crore.

4. Large Enterprises

Large enterprises are the largest category of companies, characterized by substantial investment, high turnover, and a large workforce. In India, large enterprises have investments exceeding Rs. 50 crore in manufacturing or Rs. 250 crore in services. They often have hundreds or even thousands of employees and operate nationally or multinational.

These categories are defined by the Ministry of Micro, Small, and Medium Enterprises (MSME) in India to provide various benefits and incentives to small and medium-sized enterprises (SMEs), such as priority lending, subsidies, tax exemptions, and easier access to government schemes and programs.

Types of Companies Based on Liabilities

Companies can be categorized based on the extent of liability their members or owners have. Some major types of companies based on liabilities are-

1. Company Limited by Shares

A Company Limited by Shares is a type of company where the liability of its members is limited to the amount unpaid on their shares. This means that shareholders are not personally liable for the company's debts beyond the amount they have agreed to contribute towards the shares they hold.

Companies Limited by Shares can be further classified into private limited companies and public limited companies based on the number of shareholders and other criteria.

2. Company Limited by Guarantee

In a Company Limited by Guarantee, the liability of its members is limited to the amount they agree to contribute to the company's assets in the event of its winding up. This type of company is commonly used for non-profit organizations, clubs, societies, and associations.

3. Unlimited Liability Company

In an Unlimited Liability Company, the members or owners have unlimited personal liability for the company's debts and obligations. This means that their personal assets are at risk to satisfy the company's liabilities, and creditors can pursue the members' personal assets to settle debts owed by the company.

Types of Companies Based on Listing Status

Companies can also be classified based on their listing status, which refers to whether their shares are listed on a stock exchange for public trading.

1. Listed Companies

Listed companies are those whose shares are listed and traded on a recognized stock exchange, such as the Bombay Stock Exchange (BSE) or the National Stock Exchange (NSE) in India.

These companies are subject to stringent regulatory requirements and disclosure norms mandated by the Securities and Exchange Board of India (SEBI). Listing provides liquidity to shareholders and enables the company to raise capital by issuing additional shares to the public.

2. Unlisted Companies

Unlisted companies are those whose shares are not traded on any stock exchange. These companies may be privately held, meaning that their shares are owned by a small group of shareholders or closely held by promoters and investors.

Unlisted companies are not subject to the same level of regulatory scrutiny as listed companies but may still be required to comply with certain statutory requirements under the Companies Act.

Types of Companies Based on Holding

Companies can be categorized based on their holding structure, which refers to the relationship between parent companies and their subsidiaries.

1. Parent Company

A parent company is a corporation that owns a controlling interest in one or more subsidiary companies. It typically holds more than 50% of the voting rights in the subsidiary companies and has the power to make decisions affecting their operations and strategic direction.

2. Subsidiary Company

A subsidiary company is a company that is controlled by another company, known as the parent company. Subsidiary companies can be wholly or partially owned by the parent company, depending on the percentage of shares held.

Subsidiary companies operate independently but are subject to the control and influence of the parent company.

3. Holdings Company

A holdings company is a company whose primary purpose is to hold investments in other companies rather than engage in operational activities. Holdings companies typically own shares in subsidiary companies and may provide their subsidiaries with strategic direction and financial support.

Unlike a parent company, a holding company does not engage in business operations of its own.

4. Affiliate Company

An affiliate company is a company that is related to another company through common ownership or control. Affiliate companies may be part of the same corporate group or have a strategic partnership with each other.

5. Associate Company

An associate company is one in which another company holds a significant but not controlling interest, usually between 20% to 50% of the voting rights. While the investing company has influence over the associate company's operations and management, it does not exercise full control.

Documents Required to Open Different Types of Business in India

Here’s a list of documents required to open a company in India:

  • Identity Proof: PAN card, Aadhaar card
  • Address Proof: Utility bill, rent agreement, or property papers
  • Business Registration Forms: Forms based on the business type (SPICe+, FiLLiP, etc.)
  • Digital Signature Certificate (DSC): For online submissions
  • Proof of registered office address: NOC or Rental Agreement

Additional documents may be required based on the business type, such as MOA and AOA for companies, LLP Agreements for LLPs or trust deeds for NGOs.

Conclusion

In India, the variety of business entities ensures there’s a fit for every kind of entrepreneur—whether you're a solo dreamer with a big vision, a small team building something impactful, or an organisation driven by social change.

Each type of entity offers unique features, advantages and challenges. From the simplicity of a sole proprietorship to the robust framework of private limited companies or the flexibility of LLPs, picking the right one can make your journey smoother, protect your personal assets and set you up for growth.

Think about your business goals:

  • Do you want to stay small and agile or scale into a large organisation?
  • Do you need investors or want to keep it self-funded?
  • Are compliance and taxes manageable?

Your answers to these questions will guide you toward the perfect fit. If you’re unsure where to start, don’t worry—many successful entrepreneurs were in the same place when they started. The key is to take it one step at a time.

Frequently Asked Questions

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Private Limited Company
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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 

One Person Company
(OPC)

1,499 + Govt. Fee
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  • 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 Type of Business Is More Profitable?

The profitability of a business depends on various factors, including the industry, business model and operational efficiency. For instance:

  • Technology startups have high profit potential due to scalability.
  • Service businesses, like consulting or digital marketing, often have low initial costs and high margins.
  • E-commerce can be highly profitable if inventory and logistics are managed efficiently.
  • Real estate and manufacturing tend to yield long-term gains but require significant capital.

Ultimately, the most profitable business aligns with the entrepreneur’s expertise and market demand.

Why Do Different Types of Businesses Exist?

Different types of businesses exist to cater to the diverse needs of entrepreneurs, industries and regulatory requirements.

  • Legal and financial considerations: Some businesses need limited liability, while others prioritise simplicity.
  • Operational scope: A sole proprietor might work well for small-scale operations, while large organisations need a corporate structure.
  • Growth potential: Some structures, like private limited companies, attract investors, while others, like partnerships, foster collaboration.

What Types of Businesses Are in Demand?

Currently, high-demand businesses include:

  • Technology and SaaS: Cloud computing, AI and software solutions.
  • E-commerce: Online retail continues to grow post-pandemic.
  • Health and wellness: Telemedicine, fitness and organic products are booming.
  • Sustainable businesses: Eco-friendly products and renewable energy.
  • Digital services: Marketing, content creation, and app development.

These industries reflect shifting consumer priorities and technological advancements.

What Are the Five Types of Business Organisations?

The five major types of business organisations are:

  • Sole Proprietorship: Owned and managed by one person; simple and cost-effective.
  • Partnership: Owned by two or more individuals sharing responsibilities and profits.
  • Limited Liability Partnership (LLP): A hybrid structure with limited liability and partnership benefits.
  • Private Limited: A separate legal entity that can raise capital by issuing shares.
  • Public Limited: Allows a company to offer shares to the general public, either on the stock market or privately.

What Is the Director Identification Number (DIN)?

The Director Identification Number (DIN) is a unique identification number assigned by the Ministry of Corporate Affairs (MCA) in India to individuals intending to serve as company directors. It is mandatory under the Companies Act of 2013.

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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Intellectual Property Rights Registration in India: Complete Guide

Intellectual Property Rights Registration in India: Complete Guide

In today’s innovation-led economy, protecting intellectual property is vital. India offers a robust legal framework for IPR registration, helping creators, inventors, and businesses safeguard their ideas. India received 82,811 applications in FY 2022–23, a 24.6% increase over the previous year and a total of 466,580 trademark applications, reflecting growing IP awareness. Supported by initiatives like Startup India and the National IPR Policy, the system ensures legal exclusivity, commercial advantage, and innovation protection.

This guide covers the essentials of IPR registration in India, including types of IP, eligibility, documents, and the registration process.

Table of Contents

What are Intellectual Property Rights?

Intellectual Property Rights (IPR) are legal protections granted to individuals or entities over their original creations of the mind. These include inventions, literary and artistic works, symbols, names, designs, and images used in commerce. The purpose of IPR is to encourage innovation, creativity, and fair competition by rewarding creators for their original work.

IPR find their legal basis in Article 27 of the Universal Declaration of Human Rights (UDHR) and are internationally recognised through treaties such as the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, both administered by the World Intellectual Property Organization (WIPO). In India, IPR are protected under various laws, including the Patents Act 1970, Copyright Act 1957, Trade Marks Act 1999, and Designs Act 2000.

Types of Intellectual Property Rights

India recognises several types of Intellectual Property Rights, each serving a specific purpose:

  1. Copyright: Protects original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings. Copyright protection is automatic upon creation and lasts for 60 years after the author's death.
  2. Patents: Grant exclusive rights to inventors for their novel, non-obvious, and industrially applicable inventions. Patents are valid for 20 years from the date of filing.
  3. Trademarks: Distinguish the goods or services of one enterprise from another. Trademarks can be words, phrases, symbols, or designs. Registration is valid for 10 years and can be renewed indefinitely.
  4. Geographical Indications: Identify goods originating from a specific geographical location, possessing qualities or reputation attributable to that origin. Examples include Darjeeling Tea and Basmati Rice. GI registrations are valid for 10 years and are renewable.
  5. Industrial Designs: Protect the ornamental or aesthetic aspects of an article. Design registration is valid for 10 years, extendable by 5 years.
  6. Plant Varieties: Safeguard the rights of plant breeders and farmers under the Protection of Plant Varieties and Farmers' Rights Act, 2001. Registration is valid for 15 years for annuals and 18 years for perennials with provisions for renewal.
  7. Trade Secrets: Protect confidential business information that provides a competitive advantage. Trade secrets are not registered but can be protected through contracts and non-disclosure agreements.

What is the need for Intellectual Property Rights?

IPR registration is crucial for several reasons:

  1. Promotes innovation by providing incentives to creators and inventors
  2. Drives economic growth by encouraging investment in research and development
  3. Protects creators' rights, ensuring they can reap the benefits of their work
  4. Supports ease of doing business by enabling technology transfer through licensing and joint ventures
  5. Fosters creativity and enables informed consumer choices by distinguishing genuine products from counterfeits

IPR Registration Eligibility Criteria in India

To be eligible for IPR registration in India, your intellectual property must meet certain criteria:

  • Copyright: The work must be original and fixed in a tangible medium of expression.
  • Patent: The invention must be novel, non-obvious, and industrially applicable.
  • Trademark: The mark must be distinctive and not confusingly similar to existing marks.
  • Design: The design must be new, original, and not previously disclosed.
  • Geographical Indication: The product must have a specific geographical origin and possess qualities or reputation attributable to that origin.
  • Plant Variety: The variety must be novel, distinct, uniform, and stable, as outlined under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.

Required Documents for IPR Registration in India

The documents required for IPR registration vary depending on the type of intellectual property:

  • Copyright:
    • Application Form IV
    • Copy of the work(literary, artistic, musical, etc.)
    • Identity and address proof of the applicant
    • Power of Attorney (if applicable)
  • Patent:
    • Form 1: Application for grant of patent
    • Form 2: Complete or provisional specification
    • Form 3: Statement and undertaking under Section 8
    • Form 5: Declaration as to inventorship
    • Form 26: Power of Attorney, if applicable
    • Abstract of the invention
    • Drawings, if necessary
  • Trademark:
    • Application Form TM-A
    • Representation of the trademark(logo, word, label, etc.)
    • Affidavit claiming prior use, if applicable
    • Goods/services description
    • Power of Attorney (if applicable)
  • Design:
    • Application Form 1
    • Representation of the design
    • Power of Attorney (if applicable)
    • Priority document
  • Geographical Indication:
    • Form GI-1: Application for registration of a GI
    • Statement of case describing the GI and its uniqueness
    • Proof of origin
    • Map of the geographical area
    • List of authorised users
    • Power of Attorney, if applicable
  • Plant Variety:
    • Application Form PV-1
    • Technical Questionnaire
    • Denomination of the variety
    • Photographs/illustrations
    • Seed/propagating material
    • Power of Attorney (if applicable)

Step-by-Step Procedure for IPR Registration in India

The IPR registration process in India generally involves the following stages:

  1. Filing: The applicant submits the required application form, documents, and fees to the appropriate authority (Copyright Office, Patent Office, Trade Marks Registry, or Geographical Indications Registry).
  2. Examination: The application is examined by the concerned office for compliance with legal requirements and substantive criteria.
  3. Publication: If the application is found to be in order, it is published in the official journal for public viewing and opposition, if any.
  4. Grant: If no objections are raised or the objections are successfully overcome, the IPR is granted, and a registration certificate is issued.

Note: The specific steps may vary slightly depending on the type of IPR, but the overall process follows this general flow.

What is the fee for IPR Registration?

The fees for intellectual property registration in India vary depending on the type of IPR and the nature of the applicant (individual, small entity, or large entity). Here are some indicative fees:

IPR Type Natural Person Small Entity Others
Patent ₹1,600 ₹4,000 ₹8,000
Copyright ₹500 ₹2,000 ₹2,000
Trademark ₹4,500 ₹9,000 ₹9,000
Design ₹1,000 ₹2,000 ₹4,000
Geographical Indication ₹5,000 - -
Plant Variety ₹7,000 - -

Note that these fees are subject to change, and additional fees may apply for certain actions like expedited examination or renewal.

Benefits of IPR Registration in India

Intellectual property registration offers several benefits to creators and businesses:

  • Legal exclusivity: Prevents unauthorised use or copying of your intellectual property
  • Brand protection: Enhances brand reputation and helps differentiate your products/services in the market
  • Monetisation: Enables licensing and commercialisation of your intellectual property
  • Business value: Increases the value of your business and attracts investors
  • International expansion: Facilitates the protection of your intellectual property in other countries through international agreements

Registering your IPR in India secures your research and development investments, fostering innovation and economic growth.

Conclusion

IPR registration is a vital step in protecting your intellectual creations from misuse or infringement. It provides legal rights and recognition, encouraging innovation and creative growth. Each category of IPR—patents, trademarks, designs, copyrights, and GIs—requires specific documentation and follows a structured process. Properly filed IPR ensures exclusive rights and helps in commercialising your ideas effectively. Hence, securing IPR is essential for safeguarding and leveraging your intellectual assets in India.

Frequently Asked Questions:

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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

How to register intellectual property rights?

IPR registration refers to the process of obtaining legal recognition and protection for your intellectual property, such as inventions, designs, trademarks, and copyrights, by filing an application with the designated government authority in India.

What is the fee for IPR registration?

The fees for IRP registration in India vary depending on the type of IPR—such as patents, trademarks, copyrights, designs, GIs, and plant varieties—and the nature of the applicant (individual, small entity, or others). For instance, patent fees range from ₹1,600 to ₹8,000, trademark fees from ₹4,500 to ₹9,000, and copyright registration starts at ₹500. Each IPR type also has a distinct fee structure and documentation requirement.

What are IPR documents?

IPR documents refer to the set of forms, specifications, representations, and supporting evidence required for intellectual property registration. These may include application forms, abstracts, drawings, affidavits, power of attorney, and copies of the work or invention, depending on the type of IPR being registered.

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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