India has made significant progress in advancing women's participation in the job market and promoting women-led businesses.
However, starting a business in India involves several legal and procedural steps that entrepreneurs need to follow to ensure their business operates within the bounds of the law.
The financial landscape in India exhibits significant gender disparities. Businesswomen in India frequently encounter economic hurdles as a result of biases held by investors and various other factors. Many angel investors and venture capital firms hesitate in financing businesses led by women for reasons left undisclosed.
Women entrepreneurs face real challenges, but they are growing stronger and more resilient. As more businesses focus on women, they can pursue their dreams with greater freedom.
According to a report by 'Women in India's Startup Ecosystem Report' (WISER), there has been an exponential increase in businesses registered by women in India; from 10 per cent of 6,000 businesses registered in 2017, it has increased to 18 per cent of the 80,000 businesses registered in 2022.
While it might initially appear to be a daunting process, Company Secretary & LLB Anjali Vanjani, in this article provides an elaborate and detailed step-by-step guide on how to register your business in India.
Step 1: Choose the Type of Business Structure
Before registering your business, you need to decide on the appropriate legal structure. India offers various business structures, including Sole Proprietorship, Partnership, Limited Liability Partnership (LLP), Private Limited Company, and Public Limited Company. Each structure has its own advantages, disadvantages, and legal requirements.
Step 2: Get Your Director Identification Number
Start by obtaining your provisional Director Identification Number (DIN). This involves filling out an online application form. Print the application, sign it, and send it along with proof of your identity and address to the ministry for approval. Once they verify everything, you'll receive a permanent DIN. Indian citizens need a PAN number, and foreign nationals must have a Passport.
Step 3: Get a Digital Signature Certificate
Next, get a Digital Signature Certificate from authorised agencies. This digital signature comes in handy for various online transactions in India, like filing taxes, submitting annual reports, and more. As a director, send in an application form along with proof of your identity and address.
Step 4: Obtain Tax Registration
Depending on the nature of your business, you may need to obtain various tax registrations. For example, you might need to register for Goods and Services Tax (GST) if your turnover exceeds Rs 20 lakh, the prescribed threshold. GST has taken the place of former indirect taxes imposed by both the state and central governments, necessitating the registration of all businesses.
Step 5: Choose and Register a Unique Business Name
Selecting a unique business name is crucial as it represents your brand identity. Ensure that your chosen name is not already registered and does not infringe on any trademarks. You can conduct a name search on the Ministry of Corporate Affairs (MCA) portal to check name availability and pick a name for your company and have it approved by the Ministry of Corporate Affairs through their online system. Once you get the approval, your company officially has a name.
Step 6: Prepare Important Internal Documents
If you opt to register a company, you need to create two vital documents: the Memorandum of Association (MOA) and the Articles of Association (AOA). The MOA outlines your company's structure and powers, while the AOA sets the rules for your company's internal workings. Take your time to create these documents carefully, as you'll need them as attachments for various registration processes.
Step 7: Get Your Certificate of Incorporation
To get your company's certificate of incorporation, you'll need to fill out the INC-29 form. This form has important details and can be submitted online on the Ministry of Company Affairs website. Remember to include unsigned copies of the MOA, AOA, and payment receipt when requesting the stamped incorporation certificate. The certificate will be mailed to your company's registered office through registered mail. Once you have the stamped, signed, and embossed incorporation certificate, you can go ahead and sign the MOA and AOA.
After you've submitted the registration application and necessary documents, the Registrar of Companies will review your application. Once everything checks out, they will issue the Certificate of Incorporation for your company.
Step 8: PAN & TAN
This Certificate of Incorporation comes with Permanent Account Number (PAN) and Tax Account Number (TAN) numbers assigned by the Income Tax Department. You'll also get an email containing the Certificate of Incorporation, along with the PAN and TAN details attached.
Step 9: Obtain Necessary Licenses and Permits
Depending on the industry and location of your business, you might need specific licenses and permits from local authorities, such as trade licenses, health department licenses, environmental clearances, and more.
Step 10: Open a Current or Business Bank Account
Having a separate bank account for your business transactions is essential for maintaining proper financial records and transparency.
Step 11: Register for Professional Tax
Professional tax is a state-level tax imposed on individuals engaged in professions, trades, or employment. Depending on the state you operate in, you might need to register and pay this tax.
Step 12: Register for Trademarks and Copyrights
If your business involves intellectual property, consider registering trademarks, copyrights, and patents to protect your creations from unauthorized use.
Step 13: Compliance with Labour Laws
Ensure that you comply with all applicable labour laws, such as the Minimum Wages Act, the Payment of Bonus Act, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act.
Step 14: File Periodic Returns
After registration, you need to file annual returns, financial statements, and other required documents with the relevant authorities.
Step 15: Ongoing Compliance
Stay updated with changes in laws, regulations, and compliances relevant to your business. Non-compliance can result in penalties or legal action.
By following this step-by-step guide, you have established your businesses legally and are all set!