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Business setup in India

India’s entrepreneurial ecosystem has never looked more vibrant with initiatives such as Startup India, Make in India, and Digital India, coming together to fuel the startup explosion. At NRI Legal Advisory, we want you to focus on making your dream a reality while we take care of all the legal and procedural complexities! Our Business Setup Services in India are designed to help you navigate through the registration process and ensure a smooth start for your venture.

 

  • Swift & Efficient: You can expedite the process of incorporation by leveraging our expertise to get your business up and running faster.
  • Cost-Effective Solutions: We have one of the most transparent pricing structures and we work diligently to ensure that your business setup is completed within budget.
  • Seamless Support: Enjoy the support of our professional team, which will assist you through all procedures and processes to ensure a successful setup with no hiccups.

Contact us today for a free consultation and transform your business idea into a success story. Connect us on other platforms.

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    Types of Company Incorporation 

    It is important to know the various types of business structures available in India to choose the one which best aligns with the goals of your venture. The most common types of company incorporation in India are:

    Private Limited Company

    Public Limited Company

    Limited Liability Partnership (LLP)

    One Person Company (OPC)

    Sole Proprietorship

    Partnership Firm

    Section 8 Company (Non-Profit Organization)

    Foreign Company (Branch Office, Liaison Office, Project Office)

    Business Setup Process in India

    Setting up any business in India involves a series of well-defined steps, each of which is essential to comply with legal requirements and ensure a smooth business operation. Here is a guide to help you set up your venture:

    Apply for Digital Signature Certificate (DSC)

    01

    Directors and authorized signatories must get a Digital Signature Certificate …

    Application for Director Identification Number

    02

    All directors need to have a Director Identification Number, which is a unique …

    Reservation of Name

    03

    Select a name that is unique to your company and file it with the Ministry of …

    Draft the Memorandum and Articles of Association (MOA & AOA)

    04

    MOA and AOA are the constitutional documents of the company. They define the …

    Filing for incorporation

    05

    File the incorporation documents with the Registrar of Companies (RoC). This …

    Pay Registration Fees

    06

    Pay the prescribed registration fees and stamp duty as per the authorized …

    Obtain Certificate of Incorporation

    07

    When the said documents are duly authenticated, the RoC will issue the …

    Apply for PAN and TAN

    08

    The company should file applications for Permanent Account Number (PAN) and …

    Opening a Bank Account

    09

    This is a bank account that you will need to open in the name of the company. …

    Registration under GST

    10

    If your business is in the goods or the services category and its turnover is …

    Labour Laws Compliances

    11

    Ensure that you comply with the provisions of various labour laws such as …

    Obtain any Necessary Permits and Licenses

    12

    Depending upon the type of business being carried on, you may need further …

    Why Choose Us for Business Setup in India?

    Partnering with the right firm is the key to success for your business. Here is why NRI Legal Advisory is your best choice:

    Legal services

    Experience and expertise

    We have some of the best and most experienced corporate attorneys in the field of Indian company law. We have helped 100+ clients in successfully navigating the complexities of the incorporation process, ensuring compliance with legal mandates.

    Comprehensive, post-incorporation services

    Our commitment extends well beyond incorporation. We can also help you obtain the necessary licenses and permits, get tax-registered, and remain legally compliant once you start operating your business.

    Personalized guidance

    We understand that no business is similar to another. Our experts will guide you according to your company’s exact needs and objectives. We take the time to understand your venture’s mission and vision, to make sure that the business setup is in line with your objectives.

    Timeliness

    Time is a valuable commodity in the field of business. Our streamlined processes and efficient handling make sure that the incorporation is completed quickly and not one moment is lost in unnecessary delays.

    Affordability

    Our charges are competitive and clearly spelt out within the fee structure, giving you a good bargain for the money that you will be investing within our program.

    By choosing NRI Legal Advisory, you are opting a dedicated partner interested in making your business venture in India a smooth and successful endeavor. Allow us to handle the legal intricacies, as you go about running your business.

    Documents Required for Setting up A Company in India

    Opening a Company in India requires submission of a number of key documents. Below is a comprehensive list of the required documents:

    Director Identification Number (DIN)

    This is a unique number that must compulsorily be obtained by people who intend to become directors of a company. It ensures that all directors get registered under the Ministry of Corporate Affairs and are indeed qualified to be termed as directors.

    Digital Signature Certificate (DSC)

    This certificate is used for digital signing of the documents that are filed with the Ministry of Corporate Affairs to show that the documents are genuine and secure. The DSC is given by recognized government authorities and the law requires all company directors to have one.

    Articles of Incorporation

    This would include SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus), which has several integrated various services such as name reservation, incorporation, and various registrations. It streamlines the process of incorporation by combining many procedures into a single application.

    Memorandum of Association (MOA)

    It forms an important document that describes the company’s operational scope, its objectives, and its relationship to the shareholders. It outlines the constitution and scope of the company’s authority. The MOA should be drafted carefully to to enunciate the true intent and purpose of the company.

    Articles of Association (AOA)

    This document defines the rules and regulations for the internal management of the company, as well as the duties, rights, powers, and obligations of both its officers and directors. The AOA provides a guideline with respect to the day-to-day running and governance of the company.

    Proof of Registered Office Address

    Proof of address of the registered office of the company: such as a copy of any rental agreement or sale deed or even a bill of utilities. Such address shall be deemed to be the official address for correspondence with the authorities.

    Identity Proof

    Valid proof of identity documents include a PAN card, passport, and Aadhaar card. These are required to be furnished by each of the directors and shareholdersto verify their identity and nationality.

    Residential Proof of Directors and Shareholders

    Any of the utility bills, bank statements, or passbook which carries the current address of the residential of the directors and shareholders can be submitted. This is required to verify the address of the individuals involved.

    Passport-size Photographs

    Recent passport-sized photographs of all the directors and shareholders must be on the file for identification purposes and official recording. These will be put to use in several documents and records to identify the company’s stakeholders.

    Directors' Declaration

    A declaration signed by the company directors to confirm that they are able and not disqualified from being company directors under the Companies Act. This confirms that the directors are legally qualified and can manage the company.

    NOC from Property Owner

    It is important to ensure that if the address is of a rented premise, then you must obtain a NOC from the landlord to use his or her premises as the registered office of the company. This ensures that the landlord has no objection to the use of his or her premises by the company.

    Director Identification Number (DIN)

    This is a unique number that must compulsorily be obtained by people who intend to become directors of a company. It ensures that all directors get registered under the Ministry of Corporate Affairs and are indeed qualified to be termed as directors.

    Digital Signature Certificate (DSC)

    This certificate is used for digital signing of the documents that are filed with the Ministry of Corporate Affairs to show that the documents are genuine and secure. The DSC is given by recognized government authorities and the law requires all company directors to have one.

    Articles of Incorporation

    This would include SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus), which has several integrated various services such as name reservation, incorporation, and various registrations. It streamlines the process of incorporation by combining many procedures into a single application.

    Memorandum of Association (MOA)

    It forms an important document that describes the company’s operational scope, its objectives, and its relationship to the shareholders. It outlines the constitution and scope of the company’s authority. The MOA should be drafted carefully to to enunciate the true intent and purpose of the company.

    Articles of Association (AOA)

    This document defines the rules and regulations for the internal management of the company, as well as the duties, rights, powers, and obligations of both its officers and directors. The AOA provides a guideline with respect to the day-to-day running and governance of the company.

    Proof of Registered Office Address

    Proof of address of the registered office of the company: such as a copy of any rental agreement or sale deed or even a bill of utilities. Such address shall be deemed to be the official address for correspondence with the authorities.

    Identity Proof

    Valid proof of identity documents include a PAN card, passport, and Aadhaar card. These are required to be furnished by each of the directors and shareholdersto verify their identity and nationality.

    Residential Proof of Directors and Shareholders

    Any of the utility bills, bank statements, or passbook which carries the current address of the residential of the directors and shareholders can be submitted. This is required to verify the address of the individuals involved.

    Passport-size Photographs

    Recent passport-sized photographs of all the directors and shareholders must be on the file for identification purposes and official recording. These will be put to use in several documents and records to identify the company’s stakeholders.

    Directors' Declaration

    A declaration signed by the company directors to confirm that they are able and not disqualified from being company directors under the Companies Act. This confirms that the directors are legally qualified and can manage the company.

    NOC from Property Owner

    It is important to ensure that if the address is of a rented premise, then you must obtain a NOC from the landlord to use his or her premises as the registered office of the company. This ensures that the landlord has no objection to the use of his or her premises by the company.

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    FAQs Related to Business Setup in India

    Explore our curated selection of frequently asked questions 

    The process of setting up a business in India usually takes about 15 to 30 days, depending on the type of company and the completeness of the documentation. Factors such as obtaining the Director Identification Number (DIN), Digital Signature Certificate (DSC), name approval, and incorporation certificate issuance can affect the timeline. We can streamline the process and minimize delays to get you up and running efficiently.

    NRI Legal Advisory offers specialized assistance to foreign companies looking to establish a presence in India. We provide end-to-end services including legal consultation, documentation, and compliance management. Our expertise ensures that foreign companies navigate the complex legal and regulatory requirements efficiently, reducing setup time and minimizing potential hurdles.

    NRI Legal Advisory offers a wide range of legal support services for foreign businesses, including incorporation assistance, regulatory compliance, contract drafting, intellectual property protection, and dispute resolution. We also help with understanding and adhering to local laws, ensuring that foreign entities operate within the legal framework of India.

    We simplify the regulatory landscape by providing clear guidance on the necessary legal requirements and processes. Our team of experts stays updated on the latest regulations and ensures that our clients receive accurate and timely advice. We handle the bureaucratic complexities, allowing foreign companies to focus on their core business activities.

    NRI Legal Advisory assists in identifying and acquiring the necessary permits and licences required for business operations in India. We guide our clients through the application processes, ensure compliance with local regulations, and expedite approvals from relevant authorities. Our thorough understanding of the regulatory environment enables us to secure the necessary permits efficiently.

    We manage compliance and legal risks by conducting thorough assessments and providing ongoing monitoring of regulatory requirements. Our team ensures that all business activities adhere to Indian laws and regulations, thereby mitigating potential legal risks. We also offer strategic advice and representation in case of legal disputes, safeguarding our clients’ interests.

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