How to Start a Franchise Business in India?

Mar 28, 2025
Private Limited Company vs. Limited Liability Partnerships

Starting a franchise business in India is a lucrative opportunity for aspiring entrepreneurs. Franchising allows individuals to operate a business under an established brand with a proven business model. It offers benefits like brand recognition, operational support, and reduced risk compared to starting an independent venture.

This blog will walk you through everything you need to know about franchising in India.

Table of Contents

What Is The Meaning of Franchising a Business?

Franchising is a business model where a franchisor grants the rights to an individual (franchisee) to operate under its brand, using its products, services, and business processes. The franchisee pays a fee and agrees to operate under the franchisor’s guidelines in exchange for brand licensing, training, operational support, and marketing assistance.

The franchising model benefits both parties:

  • Franchisor Benefits: Rapid expansion, increased brand reach, and revenue from franchise fees.
  • Franchisee Benefits: Access to a recognised brand, reduced startup risk, and operational guidance.

Key aspects of franchising include:

  • Brand Licensing: The franchisee gets permission to use the franchisor's brand name and trademarks.
  • Operational Support: Training, marketing, and business strategy support are provided.
  • Profit-sharing Agreements: Franchisees pay royalties or a percentage of revenue to the franchisor.

Types of Franchises

Franchises can be categorised based on their structure and operational model:

Product Distribution Franchise:

  • Franchisee sells the franchisor’s products under its brand.
  • Examples: Automobile dealerships (Maruti Suzuki), and soft drink bottlers (Coca-Cola).

Business Format Franchise:

  • Franchisee adopts the entire business model, including operations, branding, and marketing.
  • Examples: McDonald’s, Domino’s, KFC.

Manufacturing Franchise:

  • Franchisee manufactures and sells the franchisor’s products under its brand name.
  • Example: Food and beverage brands allowing third-party bottlers.

Job Franchise:

  • A low-cost model where individuals operate small-scale service businesses.
  • Examples: Cleaning services, travel agencies, real estate consultancy.

How Long Does It Take To Franchise a Business?

Franchising a business typically takes between six months to two years, depending on factors like:

  • Industry type and regulatory requirements.
  • Business readiness and operational scalability.
  • Development of legal and training documents.
  • Marketing efforts to attract franchisees.

How Much Should It Cost To Franchise a Business?

The cost to franchise a business can vary significantly based on factors like industry, business model, and support provided. On average, franchising a business may cost between ₹5 lakh to ₹50 lakh or more in India. Key expenses include:

  • Franchise Fee: ₹2 lakh to ₹10 lakh (varies by brand reputation).
  • Legal and Registration Fees: ₹50,000 to ₹2 lakh.
  • Training and Support Costs: ₹1 lakh to ₹5 lakh.
  • Marketing and Branding Expenses: ₹1 lakh to ₹3 lakh.
  • Infrastructure Setup: Varies depending on the business type.

Additional factors like franchise location, infrastructure requirements, and marketing strategy impact the overall investment.

Advantages of Franchising a Business

  1. Rapid Expansion: Scale business operations quickly with minimal capital investment.
  2. Lower Financial Risk: Franchisees fund their business setup, reducing financial burden.
  3. Brand Recognition: Established branding makes it easier to attract customers.
  4. Operational Support: Franchisees receive training, marketing, and business guidance.
  5. Access to Motivated Franchisees: Entrepreneurs invest time and money, ensuring dedication to success.

Disadvantages of Franchising a Business

  1. Loss of Control: Franchisees operate independently, which can lead to inconsistencies.
  2. Reputation Risk: Poorly managed franchises can damage brand image.
  3. Legal & Financial Complexity: Requires detailed agreements and ongoing compliance.
  4. Ongoing Training & Support: Continuous investment in franchisee development is necessary.

Franchise Vs Licensing: What’s The Difference?

Franchising Licensing
Control High Control Low control
Legal obligations Extensive with detailed agreements Less strict, focussed on intellectual property rights
Investment Higher due to training, support, and operational costs Lower primarily for brand usage
Brand usage Franchisee must follow strict brand guidelines Licensee can identify how the brand can be used
Revenue model Royalties, franchise payments, ongoing payments One-time or periodic licensing fees

How to Start a Franchise Business - 8 Key Steps

Step 1: Determine If Franchising is Right For Your Business

Before diving into franchising, evaluate whether your business is scalable, profitable, and replicable. Ask yourself:

  • Is there consistent demand for my product or service?
  • Can my business model be easily duplicated in different locations
  • Do I have strong branding and operational processes in place?

Not all businesses are fit for franchising. A successful franchise model requires a proven track record, solid profit margins, and strong brand appeal to attract potential franchisees.

Step 2: Protect Your Business’s Intellectual Property

Your brand is one of your most valuable assets. Before offering franchises, secure trademarks, copyrights, and proprietary processes to prevent misuse and ensure brand consistency.

Step 3: Prepare Your Franchise Disclosure Document (FDD)

The Franchise Disclosure Document (FDD) is a legal document that provides prospective franchisees with full transparency about their business. This document must comply with franchise laws and typically includes:

  • Franchise fees and ongoing costs
  • Training and support provided
  • Franchisor and franchisee responsibilities
  • Earnings potential (if disclosed)
  • Legal obligations and dispute resolution process

A well-structured FDD builds trust with potential franchisees and helps you stay compliant with franchise laws.

Step 4: Draft a Franchise Agreement

The franchise agreement is a legally binding contract outlining the rights and responsibilities of both the franchisor (you) and the franchisee. Key elements to include:

  • Operational guidelines – How franchisees must run the business
  • Fee structure – Initial franchise fees, royalties, and marketing fund contributions
  • Territory rights – The defined area where the franchisee can operate
  • Training and support – What assistance franchisees will receive
  • Exit clauses – Terms under which a franchise can be sold or terminated

This document ensures both parties are aligned and protects your brand from misuse.

Step 5: Register Your Company

Depending on your state and region, you may need to register your franchise with government authorities before selling franchise units. Registration is not mandatory, but it is required to obtain GST registration depending on the turnover.

Head over to Razorpay Rize to Register your Company.

Step 6: Compile an Operation Manual

A franchise operations manual is a step-by-step guide that helps franchisees run the business successfully while maintaining brand consistency. It should cover:

  • Day-to-day business processes
  • Hiring and training staff
  • Customer service guidelines
  • Marketing and advertising strategies
  • Financial management and reporting

Step 7: File or Register Your FDD

Once your FDD is finalised, keep it securely stored for easy access and updates as needed. While the FDD is a mandatory document, filing requirements vary by state.

Step 8: Set Strategy To Achieve Your Sales Goal

Develop marketing and recruitment strategies to attract the right franchise partners. The strategy should be tailored to your business, community, and growth objectives. Here are some effective ideas to consider:

  • Provide a referral incentive for those who bring in qualified franchisee applicants.
  • Develop a strategic marketing plan from the start to capture attention.
  • Recruit sales professionals who understand your business and its story.

5 Strategies to Help You Succeed at Franchising

  1. Maintain Brand Consistency: Implement strict guidelines for uniformity across locations.
  2. Select the Right Franchisees: Screen candidates for skills, experience, and commitment.
  3. Provide Ongoing Training & Support: Regularly update franchisees with best practices.
  4. Implement Effective Marketing Strategies: Invest in advertising and localised promotions.
  5. Ensure Strong Financial Management: Monitor franchise performance and optimize cost structures.

Case Studies of Successful Franchise Businesses

Franchising is a proven business model that allows entrepreneurs to leverage established brands and systems for success. Below are examples of successful franchise businesses, showcasing their revenue, profit margins, and operational highlights.

1. McDonald's

  • Industry: Quick-Service Restaurant (QSR)
  • Investment: ₹6–14 crores
  • Profit Margin: 50–60%
  • Break-even Period: 4–5 years
    McDonald’s is one of the most profitable franchises globally due to its standardized operations and strong brand recognition. In India, its franchise model offers high footfall and consistent demand, making it a lucrative investment.

2. Baskin Robbins

  • Industry: Ice Cream and Dessert
  • Investment: ₹10–20 lakhs
  • Profit Margin: 50–60%
  • Break-even Period: 6–12 months
    With over 800 outlets in India, Baskin Robbins has built a strong presence in the dessert market. Its diverse flavors and year-round demand ensure steady sales and excellent returns for franchisees.

3. Haldiram

  • Industry: Food and Snacks
  • Investment: ₹30 lakhs–₹6 crores (depending on store format)
  • Profit Margin: 50–60%
  • Break-even Period: 2–3 years
    Haldiram is a trusted name in Indian snacks and sweets. Its franchise model offers multiple formats, including quick-service restaurants and dine-in outlets, ensuring high profitability backed by a loyal customer base.

4. Marco’s Pizza

Marco’s Pizza achieved remarkable growth with a revenue increase of 23.5% in one year by opening 113 stores. The brand focuses on strategic revenue-boosting approaches, making it one of the fastest-growing pizza franchises globally.

5. Lenskart

  • Industry: Eyewear Retail
  • Investment: ₹25 lakhs
  • Profit Margin: Approx. 33%
    Lenskart is India’s largest eyewear brand, offering trendy products such as prescription glasses and sunglasses. With innovative features like "Try Before You Buy," its franchise model generates average monthly sales of ₹9 lakhs, making it ideal for urban markets

Final Thoughts

Franchising can be a great way to start a business without building everything from scratch. You get a known brand, a proven business model, and ongoing support but it’s not a shortcut to success. It still takes effort, investment, and commitment to make it work.

The key is choosing the right franchise. Think about what fits your skills, budget, and long-term goals. A great brand in the wrong location or with poor financial planning can still struggle. Do your homework, understand the costs, and be ready to follow the franchisor’s guidelines.

Frequently Asked Questions

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

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
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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

How do I open up my own franchise?

To start your own franchise-

  • You’ll need to create a business model that can be replicated. This involves building a strong brand, developing detailed operational processes, and ensuring your business is profitable.
  • Next, you’ll need to register as a franchisor, create legal agreements (Franchise Disclosure Document & Franchise Agreement), and establish a support system for franchisees.
  • Once everything is in place, you can start recruiting franchise partners.

Do I need to register my franchise?

Yes, in most countries, you need to register your franchise before offering it to potential franchisees. The requirements vary by region—some require a Franchise Disclosure Document (FDD) and legal agreements, while others may have additional licensing requirements.

Which franchise is best for beginners?

For beginners, it’s best to choose a franchise with low initial investment, strong brand recognition, and comprehensive support. Some beginner-friendly franchises include:

  • Food & Beverage: Subway, Dunkin’
  • Retail: Miniso, FirstCry
  • Education & Coaching: Kumon, The Learning Experience
  • Service-Based: Urban Company

Look for franchises with a simple operating model and strong training programs to make the transition smoother.

Which franchise is most profitable?

Profitability depends on location, investment, and management. Before investing, analyse franchise fees, profit margins, and ongoing costs to determine the best fit.

Are franchise fees monthly?

Most franchises charge ongoing royalty fees, which can be monthly, quarterly, or annually. These fees are typically a percentage of your revenue (ranging from 4% to 12%) or a fixed amount. Some franchises also charge additional marketing or operational fees.

Is licensing an alternative to franchising?

Yes, licensing can be an alternative to franchising, but it’s a different business model. In licensing, you grant permission to use your brand, trademark, or product without controlling business operations. In franchising, you provide a complete business model, training, and support while maintaining control over operations. Licensing offers more flexibility but less oversight, while franchising ensures brand consistency but comes with more regulations.

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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Certificate of Commencement of Business: A Complete Guide

Certificate of Commencement of Business: A Complete Guide

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

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

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

Table of Contents

What is a Certificate of Commencement of Business?

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

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

Significance of Commencement of Business Certificate

The Certificate of Commencement of Business serves multiple purposes:

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

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

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

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

Position Under Erstwhile Companies Act, 1956

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

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

Certificate of Commencement of Business Under Companies Act 2013

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

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

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

Eligibility Criteria for Commencement of Business Certificate

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

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

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

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

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

Documents Required to Obtain Commencement of Business Certificate in India

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

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

Application Process for Commencement of Business Certificate

Here’s a detailed walkthrough:

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

Time Limit for Filing the Declaration of Commencement of Business

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

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

Form INC-20A

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

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

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

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

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

Consequences of Not Filing Certificate of Commencement of Business

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

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

Conclusion

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

Frequently Asked Questions

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

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

Which Company Needs a Certificate of Commencement of Business?

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

How to Download Certificate of Commencement of Business?

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

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

What is the Difference Between Incorporation and Commencement Certificate?

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

Why is a Commencement Certificate Required?

A Commencement Certificate is important because:

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

Mukesh Goyal

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

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

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Stamp Duty on LLP Agreement: Rates, Payment & State-Wise Details

Stamp Duty on LLP Agreement: Rates, Payment & State-Wise Details

When choosing a business structure in India, Limited Liability Partnerships (LLPs) have become a go-to option for many entrepreneurs. They offer the best of both worlds- flexibility in operations like a partnership and limited liability like a company.

But setting up an LLP involves many crucial steps, one of which is drafting and executing an LLP Agreement. The agreement is the document that spells out how the business will run and how partners will work together.

Table of Contents

What is an LLP Agreement?

An LLP Agreement is a written contract between the partners of a Limited Liability Partnership. It defines the mutual rights, duties, and responsibilities of the partners and outlines how the LLP will be managed.

This agreement acts as a rulebook for the internal functioning of the LLP, covering areas such as profit-sharing ratios, decision-making processes, roles of individual partners, dispute resolution mechanisms, and procedures for adding or removing partners.

In short, LLP Agreement is the foundational legal document that governs the relationship between the partners and ensures smooth day-to-day operations.

Need and Purpose of LLP Agreement

The LLP Agreement is more than just a formality—it's a critical document that provides clarity and structure to the partnership. Here’s why it’s necessary:

  • Defines roles and responsibilities: Each partner's role, contribution, and authority are clearly outlined.
  • Avoids disputes: A well-drafted agreement helps prevent conflicts by setting expectations early.
  • Facilitates smooth operations: It streamlines internal decision-making and operational protocols.
  • Profit-sharing clarity: Partners know exactly how profits and losses will be distributed.
  • Legal safeguard: In case of disputes, courts consider the agreement as a key legal reference.

The partnership may face operational confusion and legal complications without a properly executed and stamped LLP Agreement.

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Stamp Duty on LLP Agreement

Stamp duty is a mandatory legal tax imposed on certain documents, including LLP Agreements, to make them legally enforceable. In India, the stamp duty applicable to LLP Agreements is governed by the State Stamp Act of the respective state where the LLP is registered.

The stamp duty amount is typically based on the total capital contribution mentioned in the agreement. While some states impose a fixed fee, others may levy a percentage-based duty. It’s essential for LLPs to pay the correct stamp duty to avoid future legal or financial penalties.

Here’s a quick reference table showing the stamp duty applicable to LLP Agreements based on capital contributions across different states in India.

State Capital Contribution of up to INR 1 Lakh (in INR) Capital Contribution for INR 1 to 5 Lakh (in INR)
Andhra Pradesh 500 500
Arunachal Pradesh 100 100
Assam 100 100
Chhattisgarh 2000 2000-5000
Goa 150 150
Gujarat 1000 2000-5000
Haryana 1000 1000
Himachal Pradesh 100 100
Jharkhand 2500 5000
Kerala 5000 5000
Madhya Pradesh 2000 2000-5000
Maharashtra 1% of Capital (Minimum 500) 1% of Capital
Manipur 100 100
Meghalaya 100 100
Mizoram 100 100
Nagaland 100 100
Odisha 200 200
Punjab 1000 1000
Rajasthan 4000 (Minimum 2000) 4000-10000 (2000 on multiples of 50000)
Sikkim 100 100
Tamil Nadu 300 300
Telangana 50-100 100-200
Tripura 100 100
Uttarakhand 750 750
Uttar Pradesh 750 750
West Bengal 150 150

In New Delhi, the stamp duty on an LLP Agreement is charged at 1% of the total capital contribution.

Factors Affecting Stamp Duty on LLP Agreement in India

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

  • State of Registration: Each state in India has its own Stamp Act and may prescribe different rates for LLP Agreements.
  • Capital Contribution: The total contribution by all partners significantly impacts the stamp duty amount- higher contributions often mean higher duty.
  • Fixed vs. Percentage-Based Fee: Some states charge a fixed amount (e.g., ₹1,000), while others impose a percentage of the capital contribution.
  • Regulatory Changes: Amendments in central or state laws can lead to changes in the applicable stamp duty rates.

Conclusion

Stamp duty on an LLP Agreement is a foundational compliance step that validates your business arrangement. With rates varying from one Indian state to another and being influenced by capital contributions and regulatory changes, it's important to understand the specific requirements applicable to your LLP.

Ignoring or underpaying stamp duty might seem like a small risk at first, but it can lead to legal complications, penalties, and delays if your agreement is ever scrutinised. On the other hand, taking the time to understand and comply with stamp duty requirements ensures your LLP starts on solid legal ground.

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Frequently Asked Questions

How much stamp duty is for an LLP agreement?

The stamp duty on an LLP agreement varies depending on the state in which the LLP is registered and the capital contribution mentioned in the agreement. Some states charge a fixed fee, while others charge a percentage of the capital contribution.

How is stamp duty calculated for an LLP Agreement in India?

Stamp duty is generally calculated based on:

  • The state-specific stamp laws (as per the State Stamp Act
  • The total capital contribution of the LLP
  • Whether the LLP is being newly formed or undergoing a change (such as the addition of a partner or conversion)

Are there any exemptions or concessions available for stamp duty on LLP agreements in India?

Some states may offer exemptions or concessions, especially:

  • For women entrepreneurs, startups, or businesses under government incentive schemes.
  • In special economic zones or for LLPs with a low capital contribution.

However, such concessions vary by state and are subject to State government notification. It's best to check with your local Sub-Registrar Office or official stamp authority.

Where can I find the specific stamp duty laws applicable to LLP agreements in India?

You can refer to:

  • The State Stamp Act of the respective state (e.g., Maharashtra Stamp Act, Delhi Stamp Act).
  • The official websites of State Revenue Departments.
  • Consult a legal professional or a chartered accountant for guidance based on your state and business details.

Is stamp duty applicable on the conversion of a company to an LLP?

Yes, stamp duty is applicable when a company is converted into an LLP.

  • The new LLP agreement is considered a fresh legal instrument, and stamp duty is levied based on the capital structure and state rules.
  • Some states may also charge stamp duty on the transfer of assets from the company to the LLP during conversion.

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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Company Management Structure: Roles and Responsibilities Explained

Company Management Structure: Roles and Responsibilities Explained

The success of any business relies heavily on an effective company management structure that clearly defines roles and responsibilities. A well-designed company management structure ensures smooth operations, efficient decision-making, and the achievement of organisational goals. This article will explore the significance of a company management hierarchy, the roles of shareholders, directors, officers, and managers, as well as the key responsibilities of each position. Whether you're a budding entrepreneur or an established business owner, understanding the intricacies of company management is crucial for driving growth and profitability.

Table of Contents

Goal Of Company Management

The primary goal of company management is to maximise profits while minimising costs and risks. This is achieved through the efficient utilisation of resources and the implementation of strategic plans. Effective management requires a clear understanding of the company's objectives, market conditions, and competitive landscape. Company registration, such as Private limited company, LLP company, etc., is an essential first step in establishing a legal entity that can adapt to the dynamic business environment.

Key management functions include:

  • Financial management: Budgeting, cost control, and financial reporting
  • Marketing management: Market research, product development, and promotional strategies
  • Human resource management: Recruitment, training, and employee welfare
  • Operations management: Production planning, quality control, and logistics
  • Strategic management: Long-term planning, risk assessment, and decision-making

To excel in these areas, company management must possess strong leadership, decision-making, and communication skills. By aligning individual efforts with the overall company goals, management can drive the organisation towards success.

Types of Company Management Structure

There are three primary types of company management structures, each with its own advantages and disadvantages:

  1. Hierarchical Structure: A tiered organisation where authority flows from top executives down to lower levels.
  2. Hierarchical Structure: A tiered organisation where authority flows from top executives down to lower levels.
  3. Matrix Structure: A dual-reporting system where employees answer to both functional and project managers.

Before selecting a management structure, companies must assess their specific needs, industry requirements, and organisational goals. Factors such as company size, business complexity, and the need for flexibility should be considered when making this decision.

Hierarchical Structure

The hierarchical structure is characterised by clear lines of authority and a top-down approach to decision-making. This structure offers several benefits, including:

  • Well-defined roles and responsibilities
  • Clear communication channels
  • Strong rule enforcement and accountability

However, the hierarchical structure also has some drawbacks, such as:

  • Slow decision-making processes
  • Limited flexibility and adaptability
  • Potential for bureaucratic bottlenecks

Flat Structure

The flat structure promotes a more collaborative and decentralised approach to management. Its advantages include:

  • Faster decision-making
  • Increased employee empowerment and innovation
  • Improved communication and teamwork

On the flip side, flat structures may face challenges such as:

  • Unclear roles and responsibilities
  • Difficulty in scaling for larger organisations
  • Potential for decision-making conflicts

Matrix Structure

The matrix structure combines elements of both hierarchical and flat structures, allowing for a dual-reporting system. Its benefits include:

  • Efficient resource allocation across projects
  • Enhanced cross-functional collaboration
  • Adaptability to changing business needs

However, matrix structures can also lead to:

  • Confusion and conflicting priorities
  • Increased complexity in decision-making
  • Potential for power struggles between functional and project managers

Ultimately, the choice of management structure should align with the company's size, culture, and operational requirements to ensure optimal performance and growth.

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Key Positions in Company Management

A company's management structure typically includes several key positions, each with specific roles and responsibilities. These positions work together to ensure the smooth functioning of the organisation and the achievement of its goals.

The Chief Executive Officer (CEO) is the highest-ranking executive in a company, responsible for making major corporate decisions, managing overall operations, and acting as the main point of communication between the board of directors and the company.

The CEO is responsible for implementing the company's vision, developing strategies, and ensuring the organisation's success.

Other key positions in the C-suite include the Chief Financial Officer (CFO), who manages the company's financial activities, the Chief Operating Officer (COO), who oversees day-to-day operations, and the Chief Technology Officer (CTO), who is responsible for the company's technological needs and innovation.

Other key positions in the C-suite include the Chief Financial Officer (CFO), who manages the company's financial activities, the Chief Operating Officer (COO), who oversees day-to-day operations, and the Chief Technology Officer (CTO), who is responsible for the company's technological needs and innovation.

Marketing Officer (CMO): Develops and implements marketing strategies to drive growth

These executives work together to set the company's strategic direction, allocate resources, and ensure the organisation meets its goals. Effective leadership, communication, and coordination among these roles are essential for smooth business functioning.

Related Read: Director of a Private Limited Company: Meaning, Roles, and Type

A Brief Overview of The Roles of Company Management

The primary roles of company management include:

  1. Setting strategic direction: Defining the company's mission, vision, and long-term objectives
  2. Ensuring operational efficiency: Optimising processes, resources, and technology to maximise productivity
  3. Managing risks: Identifying potential threats and implementing mitigation strategies
  4. Fostering stakeholder relationships: Building trust and engagement with employees, customers, and investors

By aligning the company's mission with practical strategies, management can drive the organisation towards sustainable growth and success.

Role of Shareholders

Shareholders are the owners of a company and are entitled to a portion of the profits generated by the business. They elect the Board of Directors, who represent their interests and oversee the company's management. Shareholders can be further classified into two categories:

  1. Executive shareholders: Actively involved in the day-to-day decision-making and operations of the company
  2. Non-executive shareholders: Provide capital and strategic guidance but do not participate in daily management

The role of shareholders is to ensure that the company is being managed effectively and in line with their expectations for returns on investment.

Role of Directors

Director Responsibilities involve overseeing the company's affairs and making strategic decisions on behalf of the shareholders. The number of directors required depends on the type of company:

  • Private Limited Company: Minimum of two directors
  • One Person Company: Minimum of one director
  • Limited Liability Company: Minimum of two directors
  • Partnership Company: No requirement for directors

The Managing Director is responsible for the overall management of the company and is appointed by the Board of Directors. Other key responsibilities of directors include:

  • Setting the company's strategic direction
  • Ensuring compliance with legal and regulatory requirements
  • Appointing and overseeing senior management
  • Monitoring financial performance and risk management

Role of Officers

Company officers are appointed by the Board of Directors to manage specific business functions. While appointing officers is not legally required, directors must be appointed by shareholders. Some of the key officers and their responsibilities include:

  • Chief Executive Officer (CEO): Oversees overall company strategy and performance
  • Chief Operating Officer (COO): Manages day-to-day operations and ensures efficiency
  • Chief Financial Officer (CFO): Handles financial planning, reporting, and risk management
  • Chief Technology Officer (CTO): Leads technological development and innovation
  • Chief Marketing Officer (CMO): Develops and implements marketing strategies
  • Chief Legal Officer (CLO): Manages legal affairs and ensures compliance

These officers work closely with the Board of Directors and senior management to drive the company's growth and success.

Role of Managers

Managers are responsible for overseeing specific functions or departments within the company and report to officers or senior executives. Some common types of managers include:

  1. Accounts Manager: Responsible for managing the company's financial accounts and ensuring that the company's financial transactions are recorded accurately and on time.
  2. Recruitment Manager: Responsible for managing the company's recruitment process and ensuring that the company attracts and hires the best talent.
  3. Technology Manager: Responsible for managing the company's technology infrastructure and ensuring that the company's technology assets are used effectively and efficiently.
  4. Store Manager: Responsible for managing a specific store or branch of the company and ensuring that the store operates efficiently and effectively.
  5. Regional Manager: Responsible for managing the company's operations in a specific region or territory.
  6. Functional Manager: Responsible for managing a specific function within the company, such as marketing, sales, or human resources.
  7. Departmental Manager: Responsible for managing a specific department within the company, such as finance, operations, or customer service.
  8. General Manager: Responsible for managing the overall operations of the company and ensuring that the company meets its financial and operational goals

Resource Management

Efficient resource management is crucial for the success of any company. Various managers are responsible for overseeing different types of resources, including:

  1. People Management: Ensuring that the company has the right people with the right skills in the right roles, and that they are motivated and engaged to perform at their best.
  2. Financial Management: Ensuring that the company's financial resources are allocated effectively and efficiently, and that the company is able to meet its financial obligations.
  3. Materials Management: Ensuring that the company has the right materials in the right quantities at the right time, and that waste is minimised.
  4. Machinery and Equipment Management: Ensuring that the company's machinery and equipment are well-maintained and used effectively and efficiently.
  5. Buildings Management: Ensuring that the company's buildings are safe, secure, and used effectively and efficiently.
  6. Technology Management: Ensuring that the company's technology assets are used effectively and efficiently, and that the company is able to leverage new technologies to achieve its goals.

By strategically allocating and managing these resources, companies can maximise efficiency, reduce costs, and improve overall profitability.

{{pvt-cta}}

7 Key Responsibilities of Company Management

The key responsibilities of Company Management include:

  1. Strategic Planning: Developing and implementing the company's strategic plan, which involves setting long-term goals, identifying opportunities and threats, and developing strategies to achieve the company's objectives.
  2. Financial Management: Managing the company's financial resources, including budgeting, financial planning, and financial reporting, to ensure that the company is financially stable and able to meet its financial obligations.
  3. Human Resource Management: Managing the company's human resources, including recruitment, training, and development, to ensure that the company has the right people with the right skills in the right roles.
  4. Operations Management: Managing the company's day-to-day operations, including production, logistics, and supply chain management, to ensure that the company operates efficiently and effectively.
  5. Risk Management: Identifying and managing the company's risks, including financial, operational, and legal risks, to ensure that the company is able to achieve its goals while minimising potential losses.
  6. Stakeholder Communication: Communicating effectively with the company's stakeholders, including shareholders, employees, customers, and suppliers, to ensure that the company is transparent and accountable.
  7. Compliance and Legal Responsibilities: Ensuring that the company complies with all relevant laws and regulations, including tax laws, employment laws, and environmental regulations, to avoid legal and reputational risks.

Qualities of Effective Company Management

Effective Company Management requires a combination of skills, knowledge, and personal qualities. Some of the key qualities of effective company management include:

  1. Strong Leadership: The ability to inspire and motivate others, set clear goals and expectations, and make difficult decisions when necessary.
  2. Effective Decision-Making: The ability to analyse complex situations, weigh the pros and cons of different options, and make informed decisions that are in the best interests of the company.
  3. Excellent Communication Skills: The ability to communicate effectively with a wide range of stakeholders, including employees, customers, suppliers, and investors, and to build strong relationships based on trust and transparency.
  4. Strategic Thinking: The ability to think long-term, anticipate future trends and challenges, and develop strategies to position the company for success.
  5. Problem-Solving Ability: The ability to identify and analyse problems, develop creative solutions, and implement effective solutions in a timely manner.
  6. Adaptability: The ability to adapt to changing circumstances, embrace new technologies and business models, and lead the company through periods of change and uncertainty.
  7. Integrity and Ethics: A strong commitment to ethical behaviour, transparency, and accountability, and the ability to lead by example and foster a culture of integrity throughout the organisation.

Choosing the Right Management Structure for a Company

Selecting the appropriate management structure is crucial for a company's success. Factors that influence this decision include:

  • Company size: Larger organisations may require more complex structures to ensure effective coordination and communication
  • Industry: Certain industries may have specific requirements or norms for management structures
  • Business goals: The structure should align with the company's strategic objectives and growth plans

Each management structure has its own pros and cons, and companies must carefully evaluate their needs before making a decision. For example:

  • Hierarchical structures offer clear lines of authority but may limit flexibility and innovation
  • Flat structures promote collaboration but may face challenges in decision-making and accountability
  • Matrix structures enable cross-functional teamwork but can lead to confusion and conflicting priorities

Ultimately, the right management structure will depend on the unique characteristics and goals of each company.

Conclusion

A well-designed company management structure is essential for the success and growth of any business. By clearly defining roles and responsibilities, companies can ensure efficient operations, effective decision-making, and the achievement of organisational goals. Shareholders, directors, officers, and managers all play critical roles in guiding the company towards profitability and long-term sustainability. Choosing the right management structure, cultivating effective leadership qualities, and strategically managing resources are key to building a strong and successful organisation.

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

What are the major types of organizational structure?

  • Hierarchical structure
  • Flat structure
  • Matrix structure

What is the company management structure?

  • A company management structure defines how activities such as task allocation, coordination, supervision, and decision-making are directed towards achieving organisational goals. It determines the flow of information between levels within the company and outlines accountability relationships.

What is the importance of a company management structure?

  • A well-designed company management structure ensures smooth operations, efficient decision-making, and the achievement of organisational goals. It provides a framework for communication, accountability, and resource allocation.

What is the 5 level hierarchy of a company?

  • Board of Directors
  • Chief Executive Officer (CEO)
  • Senior Management (COO, CFO, CTO, etc.)
  • Middle Management
  • Supervisors and Line Managers

What are the 4 levels of organisational structures?

  • Top Management
  • Middle Management
  • Lower Management
  • Individual Contributors (staff and employees)

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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