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Frequently Asked Questions

FAQ

Frequently Asked Questions

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Frequently Asked Questions

Get expert answers to the most common queries about company registration, corporate compliance, trademarks, LLPs, and our legal services. Learn how we can guide you through every step of your business setup journey in India.

The process for registering a private limited company in Jaipur involves obtaining a Digital Signature Certificate (DSC), reserving a unique company name, and filing the SPICe+ form with the Registrar of Companies (ROC) for Kanpur, which has jurisdiction over Jaipur.

  • Step 1: Obtain DSC and DIN: Get a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for all proposed directors.
  • Step 2: Reserve Company Name: Apply for name reservation using the RUN service on the MCA portal.
  • Step 3: Draft MoA and AoA: Draft the Memorandum of Association (MoA) and Articles of Association (AoA).
  • Step 4: File SPICe+ Form: File the integrated SPICe+ form on the MCA portal.
  • Step 5: Pay Stamp Duty: Pay the required stamp duty as per Rajasthan's regulations.
  • Step 6: Obtain Certificate of Incorporation: Once approved, you will receive the Certificate of Incorporation (COI), PAN, and TAN.

The cost of trademark registration in Delhi varies. For an individual or a startup, the government fee is ₹4,500 per class. For companies, it's ₹9,000 per class. Professional fees for expert assistance are additional.

Here is a simple cost breakdown:
  • Government Fees:
    • Individual/Startup: ₹4,500 per class.
    • Company/LLP: ₹9,000 per class.
  • Professional Fees: These can range from ₹2,000 to ₹10,000.
  • Total Estimated Cost: For a startup, the total cost is typically between ₹6,500 and ₹14,500.

For a sole proprietorship in Mumbai, the main documents for GST registration are the owner's PAN card, Aadhar card, a photograph, proof of business address (like a rent agreement and electricity bill), and a bank account statement.

Here is a checklist of the required documents:
  • Identity Proof: PAN card of the proprietor.
  • Address Proof: Aadhar card or passport.
  • Photograph: A recent passport-size photograph.
  • Business Address Proof: A recent utility bill and either a property tax receipt (if owned) or a rent agreement and NOC (if rented).
  • Bank Account Proof: A copy of a cancelled cheque or bank passbook.

The best way to get an employment visa in Bengaluru is to work with an experienced immigration consultant. They can help you prepare the correct documents, including the employment contract, and guide you through the application process with the Indian consulate and the FRRO registration in Bengaluru.

  • Step 1: Engage a Consultant: Find a reputable immigration consultant in Bengaluru.
  • Step 2: Gather Documents: You will need a valid passport, a signed employment contract, and proof of your qualifications.
  • Step 3: Apply at Consulate: The initial visa application is made at the Indian embassy in your country of residence.
  • Step 4: FRRO Registration: After arriving in India, you must register with the FRRO in Bengaluru within 14 days.

Companies registered in Jaipur fall under the jurisdiction of the Registrar of Companies (ROC), Kanpur. Even though Jaipur is in Rajasthan, the administrative office for company law matters is in Kanpur, Uttar Pradesh. All filings and communications will be with ROC Kanpur.

Yes, to start a tourism business in Dehradun, in addition to your company registration, you will likely need a license from the Uttarakhand Tourism Development Board (UTDB). Depending on your specific services (e.g., hotel, travel agency, adventure sports), other permits may be required.

The time it takes to get an FSSAI license in India depends on the type of license. A basic registration can be obtained in 7-10 days, while a state or central license can take 30-60 days, assuming all documents are correct.

  • Basic Registration: 7-10 working days.
  • State License: 30-45 working days.
  • Central License: 50-60 working days.

A Director is responsible for managing the company's day-to-day affairs, while a Shareholder is an owner of the company. A person can be both a director and a shareholder.

  • Director: Appointed by shareholders to manage the company.
  • Shareholder: Owns shares in the company, representing ownership.

Yes, a foreign national can be a director in an Indian company. However, the company must have at least one director who is a resident of India. The foreign director will need to obtain a Director Identification Number (DIN).

Choosing the right business structure depends on factors like the number of owners, liability protection, and funding requirements. A Private Limited Company is best for startups looking for funding and limited liability, while an LLP is good for professional firms. A Sole Proprietorship is the simplest for a single owner.

  • Private Limited Company: For startups that plan to raise funds.
  • LLP: For professional service providers.
  • One Person Company (OPC): For solo entrepreneurs who want limited liability.
  • Sole Proprietorship: For small businesses with a single owner.

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The main annual compliances for a private limited company in India include filing an annual return with the ROC (Form MGT-7), filing financial statements (Form AOC-4), holding an Annual General Meeting (AGM), and filing income tax returns.

  • Form MGT-7: Annual Return.
  • Form AOC-4: Financial Statements.
  • Annual General Meeting (AGM): Must be held within 6 months of the end of the financial year.
  • Income Tax Return: Must be filed by the due date.

Yes, you can register a company with a residential address in India. You will need to provide proof of address, such as a utility bill, and a No Objection Certificate (NOC) from the owner of the property.

The best way to protect your brand name in India is by registering it as a trademark. A trademark gives you the exclusive right to use your brand name for the goods or services you offer, and it prevents others from using a similar name.

  • Step 1: Conduct a Trademark Search: To ensure your name is unique.
  • Step 2: File a Trademark Application: With the Indian Trademark Registry.
  • Step 3: Respond to Objections: If any are raised by the examiner.
  • Step 4: Get the Registration Certificate: Once approved.

An LLP offers flexibility with fewer compliances, while a Private Limited Company provides better credibility for fundraising. LLPs are ideal for professional services, whereas Private Limited Companies are better for startups seeking investment.

You can check company name availability through the MCA portal's "Check Company Name" service or the RUN (Reserve Unique Name) application system before filing your incorporation documents.

A DIN is a unique 8-digit identification number for company directors. You can apply online through the MCA portal using Form DIR-3, along with identity proof and address verification.

Yes, one person can be a director in multiple companies, but there are restrictions. A person cannot be a director in more than 20 companies at the same time, including private and public companies.

A Private Limited Company requires a minimum of 2 shareholders and can have a maximum of 200 shareholders, excluding current and former employees who are shareholders.

Yes, you need a physical address for your registered office, but it can be a residential address. You'll need an NOC from the property owner and utility bills as address proof.

There is no minimum paid-up capital requirement for a Private Limited Company in India. You can start with as low as ₹1,000 or even ₹100 as authorized capital.

Company registration in Jaipur typically takes 15-20 working days through the SPICe+ process, provided all documents are correct and there are no name objections.

Rajasthan offers investment incentives, lower operational costs, strategic location for North and West India markets, and various state government subsidies for manufacturing and IT sectors.

Yes, you can convert a sole proprietorship to a Private Limited Company by incorporating a new company and transferring assets, liabilities, and business operations to the new entity.

An OPC allows a single person to operate a company with limited liability. It's ideal for solo entrepreneurs who want corporate benefits but don't have partners or co-founders.

Authorized capital is the maximum amount a company can raise through shares, while paid-up capital is the actual amount received from shareholders. Companies pay stamp duty on authorized capital.

Yes, trademarking your company name provides legal protection for your brand. Company name registration only reserves the name for corporate use, not commercial branding rights.

The MoA defines the company's fundamental structure, including name, registered office, objects, liability, and capital. It's a mandatory document for company incorporation.

AoA contains rules and regulations for internal management of the company, including director powers, shareholder rights, and meeting procedures.

A minor cannot be a director but can be a shareholder through a guardian. The shares must be held in trust until the minor reaches 18 years of age.

A DSC is an electronic signature required for online filings with MCA. All directors need Class 2 DSCs for signing incorporation documents and annual filings.

You can add directors through board resolution and Form DIR-12, or remove them via Form DIR-11. Shareholder approval may be required depending on the articles of association.

A shareholder agreement defines rights, obligations, and relationships between shareholders. While not mandatory, it's highly recommended to prevent future disputes and establish governance.

Yes, you can start operations immediately after receiving the Certificate of Incorporation, but you may need specific licenses depending on your business activity.

Non-compliance results in penalties ranging from ₹5,000 to ₹5 lakh, potential director disqualification, and ultimately company strike-off from the register.

Apply through the Startup India portal with your incorporation certificate, business plan, and innovation details. Benefits include tax exemptions and easier compliance.

Private companies have restrictions on share transfers and a maximum of 200 shareholders, while public companies can freely trade shares and have unlimited shareholders.

No, the registered office must be in India. However, you can have branch offices or subsidiary companies in other countries for international operations.

A Company Secretary ensures legal compliance and corporate governance. It's mandatory for companies with paid-up capital exceeding ₹10 crores or turnover exceeding ₹50 crores.

GST registration is a one-time process to obtain a GSTIN, while GST return filing is a periodic obligation to report transactions and pay taxes monthly or quarterly.

GST registration is mandatory when your annual turnover exceeds ₹20 lakhs (₹10 lakhs for special category states), or if you're involved in inter-state supply or e-commerce.

Main GST returns include GSTR-1 (outward supplies), GSTR-3B (monthly summary), GSTR-2A (auto-populated purchases), and GSTR-9 (annual return).

You can claim ITC on goods and services used for business purposes, but not on personal use items, employee welfare, or specifically restricted items like motor vehicles.

Under reverse charge mechanism, the recipient of goods or services pays GST instead of the supplier. It applies to specific categories like imports and unregistered supplier purchases.

You can cancel GST registration through Form GST REG-16 on the GST portal when discontinuing business or falling below the registration threshold.

The composition scheme allows small taxpayers with turnover up to ₹1.5 crores to pay tax at lower rates with simplified compliance, but restricts inter-state sales and input tax credit.

For partnership firms, you need partnership deed, PAN cards of all partners, address proof, bank account details, and authorization letter for the authorized signatory.

Yes, you need separate GST registration for each state where you have a business presence, but only one registration per state regardless of multiple locations.

Late filing penalty is ₹50 per day per return (₹20 for nil return) subject to a maximum of 0.25% of turnover. Interest is also charged on tax dues.

GST reconciliation involves matching GSTR-1 with sales register, GSTR-2A with purchase register, and GSTR-3B with both to identify and correct discrepancies.

E-way bill is required for movement of goods worth over ₹50,000. It must be generated before goods transportation and contains consignment and vehicle details.

Yes, you can file GST returns yourself through the GST portal, but professional help is recommended for complex businesses to ensure accuracy and compliance.

GSTR-9 is the annual GST return consolidating the entire year's transactions. It must be filed by December 31st following the end of the financial year.

GST is payable on advance payments at the time of receipt, and you must issue a receipt voucher. Adjust the tax when issuing the final invoice.

CGST is Central GST, SGST is State GST (for intra-state supplies), and IGST is Integrated GST (for inter-state supplies and imports).

Yes, you can opt out of composition scheme by filing Form GST CMP-04, but you cannot switch back to composition in the same financial year.

GST TDS applies when government departments, PSUs, and large companies deduct tax at 2% (1% CGST + 1% SGST) from payments to suppliers above specified thresholds.

GST refunds can be claimed through RFD-01 form for excess payment, exports, or input tax credit accumulation. Processing typically takes 60-90 days.

Maintain tax invoices, bills of supply, credit/debit notes, bank statements, purchase invoices, e-way bills, and monthly/annual return acknowledgments for at least 6 years.

Trademark registration typically takes 18-24 months, including examination, publication, and registration phases, provided there are no objections or oppositions.

Yes, you can use your trademark with the “TM” symbol once you file the application. Use the “®” symbol only after registration is complete.

Trademarks are classified into 45 classes (34 for goods, 11 for services) under the Nice Classification. You must register your mark in each relevant class separately.

You cannot trademark a domain name itself, but you can trademark the brand name within the domain if it meets trademark requirements and is used commercially.

You can trademark words, logos, slogans, colors, sounds, and shapes that are distinctive. Generic terms, government symbols, and offensive content cannot be trademarked.

Use the IP India database to search for similar existing trademarks in your class. Professional searches also include common law usage and domain name checks.

Trademark renewal costs ₹9,000-₹10,000 per class every 10 years. Early renewal (within 6 months before expiry) has lower fees than late renewal.

Yes, you can file opposition within 4 months of trademark journal publication using Form TM-O, along with grounds and supporting evidence.

Trademarks protect brand identifiers used in commerce, while copyrights protect original creative works like literature, music, and art. Both can apply to logos.

Yes, trademarks can be transferred with or without goodwill through assignment agreements. The transfer must be recorded with the trademark office.

Service marks identify services while trademarks identify goods. In India, both are governed under the same law and use the same application process.

Use the Madrid Protocol for multiple countries or file directly in specific countries. Priority claiming allows 6 months from first filing to claim priority.

Trademark infringement occurs when someone uses a similar mark causing confusion. Remedies include cease and desist notices, opposition, cancellation, or court proceedings.

You need separate registrations for each class of goods/services. A single application can cover multiple classes, but fees apply to each class.

Trademarks are valid for 10 years from registration date and can be renewed indefinitely for successive 10-year periods before expiry.

FRRO (Foreigners Regional Registration Office) registration is mandatory for foreigners on long-term visas (over 180 days) within 14 days of arrival in India.

Required documents include valid passport, employment contract, educational certificates, experience letters, medical certificate, and police clearance certificate.

Employment visa processing typically takes 15-30 working days, depending on the applicant's nationality and the consulate's workload.

No, tourist visas cannot be converted to employment visas within India. You must exit India and apply for an employment visa from your home country.

Business visas are for temporary business activities without employment, while employment visas allow working for Indian companies. Employment visas require job offers.

Yes, spouses and dependent children can apply for dependent visas (X visa) to accompany employment visa holders to India.

OCI (Overseas Citizen of India) card is for foreign nationals of Indian origin, former Indian citizens, and their spouses, providing lifelong visa-free travel to India.

Employment visa extensions are processed through FRRO/FRO offices with continued employment proof, extension application, and prescribed fees.

The minimum salary requirement is $25,000 per year for most employment visas, though some categories and nationalities have different thresholds.

Employment visa holders cannot start independent businesses. You need to convert to business visa or obtain specific permits for entrepreneurial activities.

MSME registration (now called Udyam) provides benefits like priority sector lending, government tender preferences, subsidy eligibility, and easier loan approvals.

Yes, most states require shop and establishment licenses for commercial establishments, including offices, to regulate working conditions and labor laws.

IEC is a 10-digit code required for importing or exporting goods from India. It's mandatory for businesses engaged in international trade.

Restaurant licenses include FSSAI license, shop and establishment license, fire NOC, municipal corporation trade license, and liquor license if serving alcohol.

Apply to State Pollution Control Board with project details, environmental impact assessment, and prescribed fees. Timeline varies from 30-180 days based on project category.

Factory license is required under the Factories Act for manufacturing units employing 10+ workers with power or 20+ workers without power.

EPF registration is required for establishments with 20+ employees, and ESI for 10+ employees. Apply online through respective portals with company and employee details.

Professional tax is a state tax on professions, trades, and employment. Registration requirements and rates vary by state, typically required for businesses and salaried employees.

Yes, you need drug licenses from both manufacturing state and selling states, plus approval from state drug controllers for online medicine sales.

BIS certification involves application submission, document verification, factory inspection, sample testing, and certificate issuance for conformity to Indian standards.

Apply for trademark in relevant classes (typically Class 30 for processed foods, Class 29 for meat/dairy products) with brand name, logo, and product specifications.

SEZ units enjoy duty-free imports/exports, income tax exemptions, simplified procedures, and infrastructure facilities. Apply through SEZ Developer with business plan.

Software companies primarily need basic registrations like company incorporation, GST, professional tax, and ESI/EPF. No specific software license is required.

STPI registration provides export benefits for software/IT services. Apply with company registration, project details, and infrastructure plans. Benefits include duty exemptions.

APEDA registration is required for exporting agricultural products. Submit application with company details, product information, and processing facility details.

Due diligence is comprehensive investigation of a business before transactions like mergers, acquisitions, or investments to assess risks, liabilities, and opportunities.

Startups can raise funds through angel investors, VCs, crowdfunding, or loans while complying with securities laws, FEMA regulations, and RBI guidelines for foreign investment.

FEMA regulates foreign exchange transactions, including foreign investments in India, overseas investments by Indians, and export-import transactions requiring RBI approvals.

Key clauses include job role, salary, probation, notice period, non-compete, confidentiality, intellectual property rights, and termination conditions.

Protect through non-disclosure agreements, patents for inventions, trademarks for brand names, copyrights for creative content, and trade secret protections.

Joint venture agreements are required when two or more parties collaborate for specific business purposes while maintaining separate legal identities and sharing profits, losses, and control.

Startups must comply with minimum wage laws, working hours regulations, EPF/ESI registrations, gratuity provisions, and shop establishment acts based on employee count and state regulations.

Cross-border transactions require FEMA compliance, RBI approvals for investments, transfer pricing documentation, international taxation considerations, and trade regulation compliance.

Corporate governance ensures transparent, accountable, and ethical business practices through proper board oversight, compliance systems, and stakeholder rights protection, especially important for investor confidence.

Partner disputes can be resolved through negotiation, mediation, arbitration as per partnership/shareholder agreements, or court litigation as a last resort.

Company closure involves board resolution, creditor settlement, asset liquidation, final returns filing, and obtaining dissolution certificate from ROC.

Transfer pricing applies to transactions between related entities. Companies with international related party transactions exceeding specified thresholds must maintain documentation and file transfer pricing reports.

ESOP requires board approval, shareholder consent, compliance with Companies Act provisions, proper valuation, tax implications consideration, and regulatory filings.

Arbitration involves a binding decision by arbitrators, while mediation is facilitative with mediators helping parties reach voluntary agreements. Arbitration is more formal and legally enforceable.

Businesses must comply with Digital Personal Data Protection Act, implement data security measures, obtain consent for data processing, and establish grievance redressal mechanisms.

Mumbai offers access to financial capital, major stock exchanges, banking headquarters, port connectivity, skilled workforce, and proximity to regulatory authorities.

Rajasthan provides special incentives for renewable energy, textiles, chemicals, IT/ITeS, tourism, handicrafts, and agro-processing industries through its industrial policy.

Delhi NCR company registration follows standard MCA procedures with ROC Delhi. The region offers metro connectivity, government proximity, and diverse business ecosystem advantages.

Karnataka companies must comply with state-specific labor laws, Karnataka Shops and Commercial Establishments Act, professional tax, and pollution clearances for manufacturing units.

Tech startups in Hyderabad primarily need company registration, GST, professional tax, ESI/EPF registrations, and can benefit from T-Hub incubation and government IT policies.

Hill stations like Dehradun offer pollution-free environment, tourism opportunities, lower operational costs, government incentives for hill regions, and proximity to northern markets.

Chennai port offers opportunities in logistics, warehousing, freight forwarding, customs clearance, container services, and export-import related businesses with dedicated infrastructure.

Starting export business from Kandla requires company registration, IEC license, customs broker appointment, warehouse booking, and understanding of port procedures and documentation.

GIFT City offers international financial services center benefits including tax exemptions, simplified regulatory framework, world-class infrastructure, and access to global markets.

Pune IT parks offer infrastructure benefits, networking opportunities, incubation support, government scheme access, and ecosystem advantages for technology startups.

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