Types of Company Registration in India
The organisational structure chosen by an entrepreneur will
determine the amount of taxes he/she will be paying, the measures of compliances
that owner has to follow and the eligibility criteria that must be fulfilled by
the owner. Therefore, one of the most essential decisions an entrepreneur can
make is selecting the kind of business registration to go for in India. Moreover,
the legal system in Indian allows various kinds of companies to exist under
different kinds of company registration. Scroll down to check different types
of business forms and company registration.
Different types of Company Registration
Company registration is the most important process by which
business owners incorporate or establish their company. Since in India there
are quite a few types of companies, entrepreneurs have to make sure that they
choose a business form that is appropriate for their operations. The Companies
Act, 2013 lays down rules and regulation for different forms of company
registration. Here’s a quick look at the list of forms of Business in India.
Private Limited Company
Pvt. Ltd.
Companies are appropriate for small businesses that require registration as a
private body. In this type of company, an association of shareholders
distributes the liability between themselves to protect personal assets. The overall
capital of this business types is the total of all the shares held by each shareholder
of the company. Also, the personal assets and business assets of the shareholders
are considered separate, allowing for enhanced protection and security. The
shares of Pvt. Ltd. Company cannot be traded or transferred publicly.
Public Limited Company
In a Public
Limited Company shares can be purchased by general public. In such form of business,
there is no fixed limit on the number of shares that can be traded. Since the
company shares are listed on the Stock Exchange, they can be freely traded,
making the shareholders part-owners of the company. Public limited company is
required to obtain a Registration Certificate from the Registrar of Companies
before starting business operations.
Partnerships
In such type
of business form, the operations of the company are handled by partners, who
have decided to their role and share profits and losses. Therefore, the
functions, powers, duties and number of shares held each partner is all clearly
defined in a Partnership Deed. Moreover, Partnership firms are registered as per
the Indian Partnership Act, 1932. Partnership firms can function with or
without registration as long as they have a legitimate and registered Partnership Deed. Though, most partnership firms register themselves as that offers
them additional rights.
Limited Liability Partnership
Limited
Liability Partnership or popularly known as LLP, LLPs are a new type of business
form in India. Furthermore, LLPs enjoy a separate legal status, helping differentiate
between personal assets and business assets, and allowing entrepreneurs limited
liability protection. In such partnerships firms, the liability of each partner
depends on the share capital, providing more protection as compare to Sole
Proprietorship.
One Person Company
The most
recent entry into the different forms of company registration in India, One Person Companies are considered better form of business for small businesses. OPCs
became a part of the Companies Act 2013, to facilitate entrepreneurs who wish
to own and run a business independently. Since OPCs has separate legal status,
entrepreneurs have the benefit of limited liability protection with no partner.
Additionally, since OPCs have only one individual so the registration process is
easy to incorporate and regulate. Additionally, this effectively serves as a
combination of the Company model of business entities and Sole-Proprietorship.
Sole Proprietorship
This is
another business form in which a single individual owns and handles the business
operations. However, in Sole Proprietorship, the owner and the company are
considered as a single entity, making them exclusively responsible for profits
and losses of the company. Furthermore, since the registration has the name of
the owner, tax filings and accounting reports will also have the name of the
owner, which leads to unlimited business accountability. Consequently, Sole
Proprietorship does not have a separate process registration.
Section 8 Company
Section
8 Company or commonly known as Non-Profit Organisation (NGO), such companies mostly
work for charitable purposes. Furthermore, section 8 companies are involved in
promoting science, literature, education, arts and caring for the underprivileged
section of the society, and also in protecting the environment. All the profits
generated by section 8 companies are utilized to achieve the objectives of the
company.
Conclusion
Company registration is the most important
process by which business owners incorporate or establish their company. One of the most essential decisions an entrepreneur can make
is selecting kind of business registration to go for in India. Moreover, the
legal system in Indian allows various kinds of companies to exist under
different kinds of company registration.
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