How to Form a Company in India

Discussion in 'Legal Issues' started by doga, Dec 18, 2006.

  1. #1
    Hello All,

    I am thinking to form a small firm. can anybody clear my few things

    what are the legal requirements and proccess
    what is good pvt. ltd. or propritership

    Regards,

    Doga
     
    doga, Dec 18, 2006 IP
  2. soccerfriend

    soccerfriend Well-Known Member

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    #2
    if you asked me how to do that in US I would tell and even help you with taxes but India .. sorry man
     
    soccerfriend, Dec 18, 2006 IP
  3. Nick_Mayhem

    Nick_Mayhem Notable Member

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    #3
    You will have to go with proprietorship.

    Forming company in India will be approximately around 17,000 to 18,000 INR's

    To form a Pvt. Ltd. a 5crore turn over is required.

    ----------------------------------------

    Now this is all that I got out from one C.A.
     
    Nick_Mayhem, Dec 18, 2006 IP
  4. redwine

    redwine Active Member

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    #4
    False Statement
     
    redwine, Dec 18, 2006 IP
  5. creationz

    creationz Well-Known Member

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    #5
    please visit your local panchayat or corporation
    they can give all details.
    or even registrar of companies office.
    these are the 3 places.
    if you have a accountant/CA he will have all the necessary details
     
    creationz, Dec 19, 2006 IP
  6. Freewebspace

    Freewebspace Notable Member

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    #6
    I think you can better hire a cosultant for this
     
    Freewebspace, Dec 19, 2006 IP
  7. jimkarter

    jimkarter Notable Member

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    #7
    Can't be more untrue.

    Forming a Pvt. Limited company what is needed is INR 100,000 (around $2175) as your minimum capital. The cost to open the company would not be more than INR 3000 for that.

    Its always better to go thru consultant or C.A.
     
    jimkarter, Dec 19, 2006 IP
  8. Nick_Mayhem

    Nick_Mayhem Notable Member

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    #8
    Well yes this maybe untrue. I know.

    And that is why I mentioned that I got only this much out of a C.A.

    Plus It started giving me a feeling that he knows nothing. Don't know what kind of C.A. he was.
     
    Nick_Mayhem, Dec 19, 2006 IP
  9. DEVIL

    DEVIL Peon

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    #9
    Ok I have my own Private Limited Company .

    May be i can help you out with this.

    you can check with http://www.mca.gov.in/

    You will need a capital of 1 Lakh only to be mentioned in records .. all you will need to setup a private limited company is 5000 rs DD for ROC .

    You need to go to ROC directly or consult a CA for it .

    The charges would be 5000 rs if u go directly or 5000+ CA Fees for starting a Pvt Ltd Company .

    You will need atleast 2 directors in a Private Limited Company and also a Proof of CA signed Document .

    I advice you to consult a CA for all these as he will be helpfull for you for obtaining PAN Card . Opening a Bank account , DIN Number , Digital Signature .
     
    DEVIL, Dec 20, 2006 IP
  10. DEVIL

    DEVIL Peon

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    #10
    soccerfriend Can you provide me with Information on how to do that in US
     
    DEVIL, Dec 20, 2006 IP
  11. jimkarter

    jimkarter Notable Member

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    #11
    Very good question.:) Specially for any non-resident.
    Can anybody point online to a site which provides this info?
     
    jimkarter, Dec 20, 2006 IP
  12. arvind_srivastava

    arvind_srivastava Well-Known Member

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    #12
    I too operate a company from India and I completely agree with
    DEVIL's statement.


    Al
     
    arvind_srivastava, Dec 20, 2006 IP
  13. personalpa

    personalpa Peon

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    #13
    There are many sites online that will let you let you make a company in the US.
     
    personalpa, Dec 20, 2006 IP
  14. doga

    doga Well-Known Member

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    #14
    Thanks everyone for giving your input and thanks devil for link
     
    doga, Dec 20, 2006 IP
  15. rajesh

    rajesh Well-Known Member

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    #15
    rajesh, Dec 26, 2006 IP
  16. -Abhishek-

    -Abhishek- Regaining my Momentum!

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    #16
    Rajesh has given a great link that you might want to check out.
    http://india.gov.in/business/start_business.php

    Here are few of my inputs here,
    > DP member yfs1, has compiled a great list of points that you might want to go through.
    http://www.yfs1.com/2006/forming-a-company-in-india.html

    > Keep your documents ready, keep them clean (not shady) and make sure everything is easily accessible.

    > Read India Mart's Company formation intro
    http://finance.indiamart.com/new_ventures/cf_intro.html

    > Consult a *GOOD* CA (Notice the highlighting)

    > No need to start it out with a Pvt. LTD label .. you can always upgrade.

    > Research a lot within your niche and make the company name presentable don't go for you mother, your grandmothers and your great grandmother's name combined ...

    > Get your assets audited ..

    > Make sure you have your PAN card handy (proves that you are a taxpayer)

    > Make sure any software you use is actually Licensed, I'd suggest you include the licenses in your start-up expense, since otherwise it'll cause problems to you. Mind you, pirated software is a crime in India.

    > Lest of all, if you are the work-from-home kind ... you could go for sole proprietorship. It is mainly used by individual designers, consultants etc. This way you can save a lot of taxes. Also if you run your proprietorship firm from a location other than your home, you'll also need clearances from the Municipality and local authorities. You can convert to a Private Ltd. Firm later on.

    Hope that helps ....
     
    -Abhishek-, Dec 26, 2006 IP
    aditya_sfs likes this.
  17. aditya_sfs

    aditya_sfs Peon

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    #17
    Those were excellent resources abhishek. Was useful for mee too. (noted)
     
    aditya_sfs, Dec 26, 2006 IP
  18. Pammer

    Pammer Notable Member

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    #18
    yeah, he have really good and useful info... :) thanks Abhishek for your good help!
     
    Pammer, Dec 26, 2006 IP
  19. -Abhishek-

    -Abhishek- Regaining my Momentum!

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    #19
    Thanks Aditya and Pammer ... Glad I could be of some help :)
     
    -Abhishek-, Dec 26, 2006 IP
  20. kamchatka

    kamchatka Guest

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    #20
    This is for forming a company (Pvt. Ltd) in India
    1. Apply for a DIN (Director Identification Number), submit relevant documents and ID's like, PAN card, Passport, Voters Identity Card, or any other citizen ship proof.
    2. If you are an income tax assesse already submit the Income Tax Return
    3. Pay around 2500, to digital certification authorities to get a 256 bit encrypted digital key, that will be used by you(the future director) to sign all electronic documents or submit tax returns online(by 2008).
    4. You will recieve your DIN within 4 weeks. Ministry of Company Affairs will email you and also send a document through post.
    5. Register and block your company name with the National Registrars in Noida.
    6. You have 6 months time after booking the company name to form a company.
    7. You will require Memorandum of Associations etc.

    Get a good CA.
     
    kamchatka, Feb 8, 2007 IP