How to Register a Company for Consulting Services in India?

Aug 15, 2025
Private Limited Company vs. Limited Liability Partnerships

The consulting industry in India is booming for good reasons. As markets become more competitive and technology reshapes how we do business, companies are looking for specialists who can provide fresh perspectives, solve complex challenges, and help them grow faster. From early-stage startups trying to find product–market fit to large corporations aiming to improve efficiency, the demand for expert advice is higher than ever.

Consulting can be a highly rewarding career path if you have deep knowledge in a field, whether it’s finance, management, marketing, IT, or legal.

In this guide, we’ll explore the different types of consulting you can offer and provide a step-by-step process for registering your consulting company in India so you can focus on delivering value while your business stands on solid legal ground.

Table of Contents

Types of Consulting

Consulting services span multiple domains, each catering to a unique set of client needs. Here are some popular types of consulting and what they typically involve:

Financial Consulting

Financial consultants help individuals and organisations manage money more effectively. Services may include investment planning, tax optimisation, budgeting, cash flow management, and economic risk assessment. Clients often include SMEs, startups, large corporations, and even high-net-worth individuals.

Management Consulting

Management consultants focus on improving business performance and solving operational challenges. They analyse existing processes, identify inefficiencies, and recommend strategies to improve productivity and profitability. Clients are usually companies undergoing restructuring, scaling, or entering new markets.

Marketing Consulting

Marketing consultants help businesses create and execute strategies to attract, engage, and retain customers. Services include brand positioning, campaign planning, market research, and digital marketing strategy. Their clients range from small businesses to large enterprises looking to strengthen their market presence.

IT Consulting

IT consultants advise on technology adoption, infrastructure setup, software implementation, and cybersecurity. They work with businesses looking to upgrade systems, integrate digital tools, or protect against cyber threats. Common clients include startups, tech companies, and corporations undergoing digital transformation.

Legal Consulting

Legal consultants provide guidance on compliance, contracts, dispute resolution, and regulatory matters. They help businesses avoid legal risks and ensure operations are aligned with applicable laws. Their clients often include startups, corporates, NGOs, and individuals requiring legal clarity.

Legal Steps to Register Your Consulting Business

Starting a consulting business in India requires following specific legal procedures under the Companies Act, 2013. While you can set up as a sole proprietorship, registering as a Private Limited Company or LLP offers more credibility and growth opportunities.

Here’s a step-by-step breakdown of the company registration process:

Step 1: Get in Touch with an Expert

Engage a Chartered Accountant (CA), Company Secretary (CS), or a reliable online platform that specialises in company registration. They can guide you through choosing the right business structure, preparing documents, and ensuring compliance.

Step 2: Share the Information and Required Documents

Provide details such as your proposed company name, nature of business, registered office address, and personal KYC documents for all directors or partners. This typically includes PAN, Aadhaar, address proof, passport-sized photos, and, in some cases, bank statements.

Step 3: Obtaining the DSC of Directors

A Digital Signature Certificate (DSC) is mandatory for directors to sign and submit forms electronically on the Ministry of Corporate Affairs (MCA) portal. Each director must have their own DSC issued by a government-approved agency.

Step 4: Applying for Company Name Reservation

File an application through the MCA’s RUN (Reserve Unique Name) service or as part of the SPICe+ form. Choose a name that reflects your consulting services, complies with MCA naming guidelines, and isn’t already in use.

Step 5: Creation of Mandatory Documents (MoA and AoA)

Draft the Memorandum of Association (MoA) and Articles of Association (AoA).

  • The MoA defines your company’s objectives, including consulting services as your main activity.
  • The AoA outlines your company’s internal rules and governance structure.

Step 6: Submitting the Application for Company Registration

Complete the incorporation process by filing the SPICe+ form along with all required documents on the MCA portal. Once approved, you’ll receive your Certificate of Incorporation (COI), along with PAN and TAN. You can then proceed to open a current bank account and commence operations.

Frequently Asked Questions (FAQs)

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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 a consulting company in India?

You can register a consulting company in India as a Private Limited Company, Limited Liability Partnership (LLP), or Partnership, depending on your goals.

Steps to register:

  1. Choose your business structure (Pvt Ltd, LLP, or Partnership)
  2. Get Digital Signature Certificates (DSCs) for all directors/partners
  3. Reserve a unique company name via the MCA portal (SPICe+ form)
  4. Draft the Memorandum of Association (MoA) & Articles of Association (AoA)
  5. File the incorporation form (SPICe+) with the Ministry of Corporate Affairs
  6. Obtain Certificate of Incorporation (COI) along with PAN and TAN
  7. Open a current bank account in the company’s name and start operations

If you prefer a quicker process without heavy compliance, LLP or Proprietorship can work, but for credibility and scalability, Private Limited Company is often the best choice.

How to start a job consultancy business in India?

A job consultancy connects job seekers with employers, helping companies find the right talent.

Steps to start:

  1. Decide your niche – IT hiring, executive search, entry-level recruitment, etc.
  2. Register your business – You can start as a Proprietorship, LLP, or Private Limited Company
  3. Apply for GST registration (mandatory if turnover exceeds ₹40 lakh or if operating interstate)
  4. Get a current account in your business name
    Sign agreements with companies for recruitment services
  5. Build a talent pool using job portals, LinkedIn, and direct applications

Ensure compliance with labour laws and data protection rules

How to register a service-based company in India?

A service-based company provides services instead of physical products — for example, consulting, marketing, IT services, event management, etc.

Steps to register:

  1. Select your business structure – Partnership, LLP, or Private Limited Company
  2. Obtain DSC
  3. Reserve the company name via MCA
  4. Draft MoA & AoA (for Pvt Ltd) or LLP Agreement (for LLP)
  5. File incorporation form with MCA
  6. Receive Certificate of Incorporation

Get PAN, TAN, and GST registration (if applicable)

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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Form 11 LLP Annual Return: Filing, Due Date, Penalties & FAQs

Form 11 LLP Annual Return: Filing, Due Date, Penalties & FAQs

If you’re running a Limited Liability Partnership (LLP), compliance might not be the most exciting part of your business. However, it’s essential for keeping your operations smooth and hassle-free. One key requirement is filing Form 11, an annual return that keeps the government updated about your LLP's structure and partners.

In this blog, we’ll cover everything you need to know about Form 11 LLP, from filing procedures to penalties for non-compliance.

Table of Contents

What is Form 11 and How to File It? 

Form 11 is an Annual Return of LLP. Every LLP in India must file with the Registrar of Companies (RoC) under the Limited Liability Partnership Act, 2008. It serves as a comprehensive summary of the LLP's management and structure for the financial year.

Here’s what Form 11 LLP typically includes:

  1. General Information:
    • LLP Name.
    • LLP Identification Number (LLPIN).
    • Date of Incorporation.
  2. Partner Information:
    • Names and details of designated and other partners.
    • Changes in partnership during the financial year, such as additions, resignations, or reassignments.
  3. Contribution Details:
    • The total contribution received by the LLP from partners.
    • Contributions made by individual partners during the year.
  4. Declaration of Compliance:
    • A confirmation that the LLP has met its statutory obligations during the year.

Steps to File Form 11

Filing Form 11 is a straightforward process. Follow these steps to ensure compliance:

  1. Download Form 11:

Visit the Ministry of Corporate Affairs (MCA) portal and download the latest version of Form 11.

  1. Fill in Basic Details

Provide the LLP’s basic details, including:

  • LLPIN.
  • Date of Incorporation.
  • Business activities during the financial year.
  1. Enter Partner Information:
    • List all designated and non-designated partners.
    • Include details of any changes in partnership, such as additions or removals.
  2. Attach Supporting Documents:

Upload any supporting documentation, including agreements or resolutions, if applicable.

  1. Certify the Form:

Ensure the form is digitally signed by one of the designated partners using a Digital Signature Certificate (DSC).

  1. Submit on MCA Portal:

Upload the completed form and pay the prescribed filing fee. Fees depend on the LLP’s total contribution as per the LLP Agreement.

Due Date for Filing Annual Return (Form 11)

The due date for filing Form 11 is May 30 every year, covering the financial year ending on March 31.

Important Note:

  • Filing Form 11 is mandatory regardless of whether the LLP has started its business. Even dormant LLPs are required to submit their annual return.

If you don’t file before Form 11 LLP’s due date, you can be penalised, so it's crucial to adhere to the timeline.

Additional Fee (Penalty) for Belated Filing of Annual Return (Form 11)

Failure to file Form 11 on or before May 30 can lead to significant financial penalties and legal complications. 

  • A penalty of LLP form 11 late fee of ₹100 per day is imposed for each day the filing is delayed.
  • The penalty has no upper limit, which means prolonged delays can result in substantial fines.

Continued non-compliance may lead to the LLP being marked as inactive by the RoC. While the designated partners may face disqualification from holding similar roles in other companies or LLPs.

What Are The Prerequisites?

Before filing, ensure that you’re fulfilling certain Form 11 LLp requirements:

  1. The LLP is registered and has an active status on the MCA portal.
  2. A valid DPIN of the Partner.
  3. A Digital Signature Certificate (DSC) is available for at least one designated partner.
  4. All pending compliance forms, such as Form 3 (LLP Agreement), have been filed.

What Are the Documents to be Submitted Along with Form 11?

Depending on the changes or updates during the year, the following documents are required for Form 11 LLP submission:

  1. List of Partners:

A detailed list of designated and other partners, including their roles and contributions.

  1. Contribution Proof:

Evidence of the capital contributed by each partner during the financial year.

  1. Supporting Agreements:

Copies of resolutions or amendments to the LLP Agreement, if applicable.

  1. Additional Documents:

Any other documents as required by the MCA portal based on the LLP’s activities.

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Important Aspects to Note While Filing Annual Return for LLP

While LLP annual filling might seem straightforward, there are key details and considerations that can make a big difference. Overlooking these aspects could lead to errors, delays, or unnecessary penalties. To help you navigate this process smoothly, here are some important points to remember while filing your LLP’s annual return.

  1. Accuracy of Partner Details:

Ensure the names, roles, and contributions of all partners are correctly listed, as discrepancies can lead to rejections or penalties.

  1. Difference Between Forms:

Do not confuse Form 11 for LLP with Form 8, which deals with the financial health and solvency of the LLP. Both must be filed annually.

  1. Digital Signature Validity:

Verify the validity of the Digital Signature Certificate (DSC) before submission to avoid technical issues.

Certification in Annual Return (Form 11)

Certification plays a crucial role in the filing of Form 11 (Annual Return) for an LLP. It ensures that the information provided is accurate and compliant with the statutory requirements. 

While the form can be filed by the designated partner(s), certain conditions require additional certification by a practising professional, such as a Company Secretary.

When is Certification Required?

For LLPs meeting certain financial thresholds, certification of Form 11 by a professional ( Company Secretary) is mandatory:

  • If the LLP’s contribution exceeds ₹50 lakhs, or
  • If its turnover exceeds ₹5 crores,

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

What is the turnover limit for LLP Form 11?

The turnover limit for LLP Form 11 certification is ₹5 crores. If the LLP’s turnover exceeds this threshold during the financial year, the annual return must be certified by a practising Company Secretary.

What are the requirements for Form 11 certification?

Form 11 LLP requires certification from a practising Company Secretary if:

  1. The total contribution by the partners exceeds ₹50 lakhs, or
  2. The LLP’s turnover is more than ₹5 crores.

What happens if Form 11 is not submitted?

Failure to submit before Form 11 LLP’s due date results in penalties, which include:

  • A late filing fee of ₹100 per day until the form is submitted.
  • Additional compliance risks, including potential legal action or a change in the LLP’s status to “defaulting.”

What is Form 11 used for?

Form 11 is the Annual Return filed by LLPs to report the following details to the Registrar of Companies (RoC):

  • Information about the LLP's partners, including designated partners.
  • Changes in the structure or details of the LLP.

Summary of contributions made by the partners during the financial year.It ensures that the LLP remains compliant with the regulatory requirements under the LLP Act.

What does Section 11 provide under LLP?

Section 11 of the Limited Liability Partnership Act, 2008 outlines the procedural requirements for the incorporation of an LLP. It specifies the need to submit an incorporation document to the Registrar, along with necessary details like the name, address, and partner information of the LLP. 

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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Types of Trademark: A Comprehensive Guide

Types of Trademark: A Comprehensive Guide

A trademark is a unique identifier, such as a word, symbol, or design, that distinguishes the goods or services of one business from another. It plays a vital role in helping consumers identify the origin of products or services, ensuring authenticity and trust. 

There are different types of trademarks, including product marks, service marks, collective marks, and more. Each type serves a specific purpose, offering businesses a way to protect their intellectual property and enhance brand recognition. This article will explore the various categories of trademarks, their significance, and how they can be applied to businesses.

Table of Contents

Product Mark

A product mark is a kind of trademark used exclusively on goods, helping consumers identify the origin of the product and ensuring its authenticity. It plays a crucial role in distinguishing one business's goods from another, contributing to brand recognition and reputation.

Product marks fall under trademark classes 1 to 34, which categorise various types of goods, including chemicals, machinery, and textiles. For example, the "Nike" logo on shoes is a product mark that signifies the brand's origin and quality. 

Service Mark

A service mark is a trademark used to distinguish one business's services from those offered by others. Unlike product marks, which apply to goods, service marks highlight the origin and quality of services, helping customers identify and trust a particular service provider.

These marks typically fall under trademark classes 35 to 45, covering various services such as advertising, financial services, and hospitality. For instance, the "Taj Hotels" emblem represents a service mark that signifies premium hospitality services. 

Collective Mark

A collective mark is a type of trademark used to identify goods or services offered by members of a group, association, or institution. It ensures that the products or services meet specific quality or ethical standards set by the organisation holding the mark.

These marks distinguish the collective efforts of a group rather than an individual business. For example, the Chartered Accountant (CA) designation in India serves as a collective mark in trademark, representing professionals certified by the Institute of Chartered Accountants of India (ICAI).

Certification Mark

A certification mark is a symbol used to certify that a product meets specific standards related to origin, material, quality, or manufacturing methods. It guarantees that the certified product complies with established benchmarks, regardless of the owner’s business.

Certification mark examples include the "ISI" mark on electrical appliances and the "Agmark" label on food products in India, both of which assure consumers of quality and safety. Such marks are commonly found on food, electronics, and toys.

Shape Mark

A shape mark protects the distinctive shape of a product, enabling consumers to associate it with a specific brand. It ensures that unique designs contributing to a product's identity remain exclusive to the brand. For instance, the iconic contour shape of Coca-Cola bottles and the unique design of Fanta bottles are classic examples of shape marks that enhance brand recognition and trust.

Pattern Mark

A pattern mark protects distinctive designs or patterns used on a product to set it apart from competitors. To qualify, the pattern must be unique and easily recognisable—generic or common patterns are often rejected. For example, the well-known Burberry check pattern on their clothing and accessories is a classic pattern mark that helps identify the brand.

Demonstrating the uniqueness of the pattern is essential for successful registration, as it ensures the design remains exclusive to the brand, reinforcing its identity in the market.

Sound Mark

A sound mark is a unique audio signature linked to a product or service, allowing consumers to identify its origin through sound. It plays a significant role in branding, often used as an audio mnemonic in advertisements. A well-known example in India is the IPL tune, which instantly evokes recognition of the Indian Premier League.

Arbitrary and Fanciful Trademarks

Arbitrary and fanciful trademarks are distinct categories that stand out for their unique qualities. A fanciful mark is a made-up term or word with no prior meaning, making it highly distinctive and easy to register. For example, "Google" and "Kodak" are fanciful marks, as these words were coined specifically for the brands and have no inherent connection to their respective products.

On the other hand, an arbitrary mark uses a commonly known word but has no direct relation to the product or service it represents. "Apple," for instance, is an arbitrary mark since it’s a well-known word but doesn’t link directly to computers or electronics. 

Geographical Indications (GI)

A Geographical Indication (GI) is not a type of trademark but a separate form of intellectual property protection. It denotes a product’s specific geographic origin and assures consumers of its quality or reputation linked to that region. GIs help preserve the uniqueness of products tied to their location. For example, "Darjeeling Tea" and "Banarasi Silk" are GIs that signify the products’ origins and qualities unique to those regions.

How to Choose the Right Type of Trademark?

  1. Assess the Nature of Your Product/Service

    Determine the characteristics and qualities of your product or service. Understanding its nature helps in choosing the appropriate trademark type. For instance, if your product has a unique shape or design, a shape mark could be suitable. If your service stands out for its quality or reputation, a service mark might be more fitting.
  1. Focus on Branding Goals and Industry Standards

Consider your branding goals—whether you aim to build recognition, guarantee quality, or differentiate your offering. Also, take into account industry practices.

For instance, if you're part of a group or association, a collective mark might be more suitable, whereas a certification mark may be necessary for products requiring quality assurance. Ensure that the trademark aligns with your long-term branding strategy.

  1. Consult a Trademark Expert if Necessary

If you are uncertain about which trademark suits your business, it’s advisable to consult a trademark expert. They can assess your product or service and guide you on the best trademark type based on legal requirements and market needs. This ensures that your trademark selection is legally sound and provides optimal protection.

Examples of Trademarks in Action

  1. Food Industry

    Pepsi uses a product mark that consists of its distinctive logo, which is instantly recognisable by its red, white, and blue colour scheme. This trademark is essential in helping customers identify the Pepsi brand in a competitive market filled with various soft drink options. The product mark not only includes the logo but also the unique design of its packaging, ensuring that every Pepsi product stands out on store shelves.
  1. Fashion Industry

Louis Vuitton has trademarked its iconic monogram pattern as a pattern mark. This pattern, featuring the “LV” logo repeated across their products, is instantly recognisable worldwide. The distinctive design appears on bags, luggage, and other luxury accessories, making it a signature of high-end fashion.

By using this pattern mark, Louis Vuitton differentiates itself from other brands and maintains its status in the luxury market, ensuring that customers associate the design with quality and exclusivity.

  1. Technology Industry

    The name Microsoft is a suggestive mark. It combines “microcomputer” and “software,” hinting at its products (software for small computers) without explicitly describing them. Suggestive marks require consumers to make a mental connection between the name and the product or service.


This type of trademark is distinctive while maintaining a subtle association with the brand's offerings, making it a powerful branding tool in the technology sector.

  1. Hospitality Industry

    Marriott International uses a service mark to represent its brand and distinguish its services in the hospitality industry. The service mark covers not only the name “Marriott” but also its reputation for providing high-quality customer service, luxury, and a wide range of hospitality offerings.

From hotels to resorts, Marriott’s service mark assures customers of a consistent experience, helping the brand stand out in the competitive world of hotels and travel.

Frequently Asked Questions

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Register your business
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Register your Private Limited Company in just 1,499 + Govt. Fee

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

Register your business
rize image

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

Register your business
rize image

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

What are the different types of trademarks?

The different types of trademarks include product marks, service marks, collective marks, certification marks, shape marks, pattern marks, and sound marks etc. 

What are 2 examples of a trademark?

Two examples of trademarks are the "Nike" swoosh logo, representing the brand's sportswear and footwear, and the "Apple" logo, symbolising the technology company's products like iPhones and Macs. 

What are the different types of IPR?

Intellectual Property Rights (IPR) include copyrights, trademarks, patents, designs, and geographical indications (GI). These rights help protect the creations and innovations of individuals or businesses, ensuring legal protection and exclusivity.

What is the full form of TRIPS?

TRIPS stands for Trade-Related Aspects of Intellectual Property Rights. It is an international legal agreement that sets minimum standards for protecting and enforcing intellectual property rights across countries.

How to register a product mark in India?

To register a product mark in India, you need to select a trademark agent (if not based in India), choose a distinctive mark and relevant class, and conduct a search for availability. Then, file the application with the required documents and fees. The application will be examined, published for opposition, and, if no objections arise, it will be registered for 10 years.

Benefits of having a service mark for your business

A service mark helps protect your business’s identity and reputation in the market. It distinguishes your services from competitors, boosts consumer confidence, and provides legal protection against imitation. 

What is a collective mark and how does it work?

A collective mark is a trademark used by members of a group, association, or organisation to signify that the goods or services meet certain standards the collective owner sets. It helps distinguish products or services from those of non-members, ensuring quality and origin.

How to Open a Company in India: Process of Incorporation of Company

How to Open a Company in India: Process of Incorporation of Company

Starting a company in India can be an exciting and rewarding venture, but navigating the legal and procedural requirements can seem daunting. This comprehensive guide will walk you through the essential steps to open a company in India, ensuring a smooth and compliant process of incorporation of the company.

Table of Contents

Guidelines to Follow When Starting Your Business in India

Before diving into the specifics of the company registration process, it's crucial to understand the general guidelines for starting a company in India. These guidelines will help you lay a strong foundation for your business and avoid common pitfalls.

  • Conduct thorough market research to validate your business idea and identify your target audience.
  • Develop a comprehensive business plan that outlines your objectives, strategies and financial projections.
  • Choose a unique and meaningful name for your company that aligns with your brand identity and complies with the naming guidelines set by the Ministry of Corporate Affairs (MCA).
  • Determine the optimal business structure for your venture.
  • Secure adequate funding through personal savings, investor capital, or business loans
  • Seek professional advice from legal experts, chartered accountants, and business mentors to ensure compliance and make informed decisions.

Step 1. Choose Your Business Structure

Selecting the right business structure is a critical decision when starting a company in India. The type of entity you choose will have significant implications for liability, taxation, compliance and overall operations. Here are the most common business structures in India:

  1. Sole Proprietorship
    • Owned and operated by a single individual
    • Simple to set up and manage
    • No separate legal entity, unlimited personal liability
  2. Partnership Firm
    • Formed by two or more individuals or entities
    • Governed by the Indian Partnership Act, 1932
    • Partners share profits, losses and management responsibilities
  3. Limited Liability Partnership (LLP)
    • Combines the benefits of a partnership and a private limited company
    • Partners have limited liability, protecting personal assets
    • Requires a minimum of two partners and compliance with the LLP Act, 2008
  4. One Person Company (OPC)
    • A private limited company with a single member
    • Suitable for solo entrepreneurs seeking limited liability
    • Easier compliance compared to a private limited company
  5. Private Limited Company
    • Separate legal entity with limited liability for shareholders
    • Requires a minimum of two shareholders and two directors
    • Stricter compliance requirements under the Companies Act, 2013

When choosing your business structure, consider factors such as liability protection, taxation, compliance requirements, and scalability. For example, a sole proprietorship is the easiest to set up but offers no personal liability protection. On the other hand, a private limited company provides limited liability protection but involves more complex compliance requirements.

Step 2. Required Documents for Company Registration

Before initiating the company registration process, gather the necessary documents to ensure a smooth and efficient incorporation. The following documents are typically required:

  1. Proof of identity and address for directors and shareholders (e.g., PAN card, Aadhaar card, passport)
  2. Passport-sized photographs of directors and shareholders
  3. Proof of registered office address (e.g., rental agreement, utility bills)
  4. Digital Signature Certificate (DSC) for directors
  5. Director Identification Number (DIN) for proposed directors
  6. Memorandum of Association (MoA) and Articles of Association (AoA)
  7. Consent letters from proposed directors
  8. Affidavit for non-conviction of directors

Having these documents ready will streamline the process of incorporation of the company and minimise delays in the company formation process.

Step 3. Register Your Business

With the necessary documents in hand, you can now proceed with registering your business. The company registration process involves the following steps:

  1. Obtain Digital Signature Certificate (DSC) for directors from a certified authority.
  2. Apply for Director Identification Number (DIN) for proposed directors through Form DIR-3.
  3. Reserve the company name through the RUN (Reserve Unique Name) web service of the MCA.
  4. Draft the Memorandum of Association (MoA) and Articles of Association (AoA) defining the company's objectives and rules.
  5. File incorporation documents, including Form SPICe (INC-32), MoA, AoA and other necessary documents, with the Registrar of Companies (ROC) along with the prescribed fees.
  6. Obtain the Certificate of Incorporation from the ROC upon successful registration.

The entire process of incorporation of a company can be completed online through the MCA portal, making it convenient and efficient for entrepreneurs to start a startup in India.

Step 4. Acquire Required Licenses and Permits

Depending on the nature of your business and the industry you operate in, you may need to obtain specific licenses and permits to legally open a company in India. Some common types of business licenses and registrations include:

  • Goods and Services Tax (GST) registration
  • Shops and Establishment Act registration
  • Professional Tax registration
  • Import Export Code (IEC) for import/export businesses
  • FSSAI license for food businesses
  • Trade License from local municipal authorities
  • Industry-specific licenses (e.g., FSSAI for food businesses, IEC for import/export)

Research the specific licenses applicable to your business and ensure timely compliance to avoid legal complications.

Step 5. Procedure for Company Registration in India

To summarise the company registration process, here's a step-by-step procedure for setting up a company in India:

  1. Choose a suitable business structure (sole proprietorship, partnership, LLP, OPC, private limited company).
  2. Obtain necessary documents for incorporation (identity proofs, registered office proof, DSC, DIN).
  3. Apply for name approval through the RUN web service.
    • Select and apply for a unique company name through the RUN (Reserve Unique Name) service on the MCA portal.
  4. Incorporation Documents
    • Draft the Memorandum of Association (MoA) and Articles of Association (AoA)
    • Prepare the consent letters from the proposed directors
    • Obtain the registered office address proof
  5. SPICe+ Form
    • Fill out the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form
    • Attach the necessary documents (MoA, AoA, director consents, address proof, etc.)
    • Pay the prescribed registration fees based on the authorised capital
  6. Obtain the Certificate of Incorporation from the ROC.
    • Upon successful filing of the SPICe+ form, the Registrar of Companies (ROC) will issue the Certificate of Incorporation (COI)
    • The COI will mention the Corporate Identity Number (CIN) and the date of incorporation
  7. Apply for necessary licenses and registrations (GST, Shops and Establishment, Professional Tax, industry-specific licenses).
  8. Open a corporate bank account and secure funding.
  9. Commence business operations.

By following this procedure diligently, you can successfully open a company and start a startup in India.

Step 6. Hiring Employees

As your business grows, you may need to hire staff to support your operations. When hiring employees in India, keep the following points in mind:

  • Register for Employees' Provident Fund (EPF) and Employees' State Insurance (ESI) if applicable.
  • Draft comprehensive employment contracts outlining roles, responsibilities, compensation and benefits.
  • Comply with minimum wage laws and other labour regulations.
  • Maintain proper records of employee information, attendance, and payroll.
  • Ensure a safe and healthy work environment in compliance with occupational safety laws.

Building a strong and motivated team is crucial for the success of your venture as you start a startup in India.

Step 7. Ensure Compliance with Regulations

Compliance with various laws and regulations is an ongoing responsibility when starting a company in India. Some key areas of compliance include:

  • Filing annual returns and financial statements with the ROC.
  • Maintaining proper books of accounts and audit records.
  • Complying with taxation laws, including income tax and GST.
  • Adhering to labour laws and employee welfare regulations.
  • Obtaining and renewing necessary licenses and permits.
  • Ensuring data privacy and protection in accordance with relevant laws.

Regularly review and update your compliance practices to stay ahead of regulatory changes and avoid penalties.

Step 8. Promote Your Business

With your company successfully registered and operational, it's time to focus on promoting your business and attracting customers. Consider the following strategies to effectively market your venture:

  • Develop a strong online presence through a professional website and social media channels.
  • Leverage digital marketing techniques such as search engine optimisation (SEO), pay-per-click advertising (PPC), and content marketing to reach your target audience.
  • Attend industry events, trade shows, and networking sessions to build relationships and showcase your offerings.
  • Collaborate with influencers, bloggers, and media outlets to gain exposure and credibility.
  • Offer exceptional customer service and seek feedback to continuously improve your products or services.

By consistently promoting your business and delivering value to your customers, you'll establish a strong brand presence and drive growth as you open a company in India.

Conclusion

By understanding the process of incorporation of company and following the guidelines outlined in this comprehensive guide, you can confidently navigate the legal and procedural requirements to open a company and start a startup in India. Remember to seek professional guidance when needed and stay compliant with regulations to ensure the long-term success of your venture.

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 can I start my own company in India?

To start a startup in India, follow these steps: choose a business structure, obtain necessary documents, register your company with the ROC, acquire licenses and permits, hire employees, ensure compliance, and promote your business effectively.

What type of company is easiest to start?

A sole proprietorship is the easiest type of company to start in India, as it involves minimal legal formalities and compliance requirements. However, it offers no separate legal identity or liability protection for the owner.

How much money is required to start a company in India?

The capital required to start a startup in India varies depending on the business structure and the nature of your business. Private limited companies require a minimum paid-up capital of ₹1 lakh, while other structures have no minimum capital requirements.

How much does it cost to register a company in India?

The cost of company registration in India includes fees for name reservation, incorporation filing, stamp duty, and professional charges. The total cost can range from ₹5,000 to ₹50,000 or more, depending on the business structure and the authorised capital.

How can I register my company myself in India?

You can register your company yourself by following the company formation process outlined in this guide. However, it's recommended to seek professional assistance from a chartered accountant or company secretary to ensure compliance and avoid errors.

How do I start a new PVT Ltd company?

To start a private limited company, follow these steps: obtain DSC and DIN for directors, reserve the company name, draft MoA and AoA, file incorporation documents with the ROC, obtain the Certificate of Incorporation, and comply with post-registration formalities.

Can a single person register a company in India?

Yes, a single person can register a One Person Company (OPC) in India. An OPC is a type of private limited company with a single member and offers limited liability protection to the owner.

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

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Dhaval Trivedi
TBS Magazine
Hey, Guys!
We just got incorporated yesterday.
Thanks to Rize team for all the Support.
It was a wonderful experience.
CHEERS 🥂
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Dhaval Trivedi
Nayan Mishra
https://zillout.com/
Smooth onboarding, seamless incorporation and a wonderful community. Thanks to the #razorpayrize team! #rizeincorporation
Dhaval Trivedi
Basanth Verma
shopeg.in
Exciting news! Incorporation of our company, FoxSell, with Razorpay Rize was extremely smooth and straightforward. We highly recommend them. Thank you Razorpay Rize for making it easy to set up our business in India.
@foxsellapp
#razorpayrize #rizeincorporation
Dhaval Trivedi
Prakhar Shrivastava
foxsell.app
We would recommend Razorpay Rize incorporation services to any founder without a second doubt. The process was beyond efficient and show's razorpay founder's commitment and vision to truly help entrepreneur's and early stage startups to get them incorporated with ease. If you wanna get incorporated, pick them. Thanks for the help Razorpay.

#entrepreneur #tbsmagazine #rize #razorpay #feedback
Dhaval Trivedi
TBS Magazine
Hey, Guys!
We just got incorporated yesterday.
Thanks to Rize team for all the Support.
It was a wonderful experience.
CHEERS 🥂
#entrepreneur #tbsmagazine #rize #razorpay #feedback
Dhaval Trivedi
Nayan Mishra
https://zillout.com/