Business Registration

Business Registration

Prospect Legal Private Limited is a dynamic firm specializing in business incorporation and company registration services in India. With a dedicated team of legal professionals and experts in corporate law, Prospect Legal offers comprehensive support and guidance to entrepreneurs, startups, and established businesses seeking to establish their presence in the Indian market.

Our firm understands the complexities and nuances of the Indian regulatory landscape and is committed to providing seamless solutions tailored to meet the unique needs and objectives of each client. Whether you’re looking to form a private limited company, LLP, partnership firm, or sole proprietorship, we offer end-to-end assistance throughout the incorporation process.

Here’s an overview of the services offered by Prospect Legal Private Limited for business incorporation and company registration:

  1. Consultation and Advisory: Our experienced consultants provide personalized guidance and strategic advice to help clients choose the most suitable business structure based on their goals, industry, and regulatory requirements.
  2. Documentation and Compliance: We handle all aspects of documentation, drafting, and filing necessary for company registration, ensuring compliance with relevant laws, regulations, and procedural formalities.
  3. Name Reservation and Approval: We assist clients in selecting an appropriate name for their company and facilitate the reservation and approval process with the Registrar of Companies (ROC).
  4. Memorandum and Articles of Association: Our team drafts and prepares the Memorandum of Association (MOA) and Articles of Association (AOA) in accordance with the Companies Act, 2013, outlining the company’s objectives, structure, and internal governance.
  5. Registration with Regulatory Authorities: We facilitate the registration of the company with regulatory authorities such as the Ministry of Corporate Affairs (MCA), ROC, and other relevant government bodies, obtaining necessary approvals and licenses as required.
  6. Tax Registration and Compliance: Prospect Legal assists in obtaining tax registrations such as Permanent Account Number (PAN), Tax Deduction and Collection Account Number (TAN), Goods and Services Tax (GST) registration, and compliance with ongoing tax obligations.
  7. Post-Incorporation Support: Our commitment to client satisfaction extends beyond incorporation, as we provide ongoing support and assistance with corporate governance, compliance, and regulatory matters to ensure smooth business operations.

At Prospect Legal Private Limited, we strive to deliver efficient, cost-effective, and reliable solutions to empower businesses to thrive in the competitive Indian market. With our expertise and dedication to excellence, we aim to be your trusted partner in navigating the complexities of business incorporation and company registration in India.

Call us at - 7000-12-7225

1 Sole Proprietorship :

A business owned and operated by one individual. The owner is personally liable for all debts and obligations of the business. It’s the simplest and most common form of business entity, but it offers no liability protection.

Document required for Registration of Sole Proprietorship.

  • PAN Card
  • Adhar Card/Voter I.D/ Driving Licence/ Passport
  • Bank Account
  • Registered Office Proof

Other Essential licence in Case of Sole Proprietorship.

  • Registering as SME
  • Shop and Establishment Act License
  • GST Registration( or any other Licence specific required for business )

2 Partnerships.

A business owned and operated by two or more individuals or entities. Partnerships can be general partnerships, where partners share equally in profits and liabilities, or limited partnerships, where there are both general and limited partners with limited liability.

Document required for Registration of Partnership firm.

  • PAN Card of All Partners
  • Photo of All Partners
  • Drafted Partnership Deed
  • Address Proof of All Partners
  • Address Proof of Partnership Firm

Essentials of Partnership.

A partnership is a type of business structure where two or more individuals or entities agree to share ownership, profits, and liabilities of a business. It’s one of the most common forms of business organization, particularly for small and medium-sized enterprises. Here’s a brief overview of partnerships:

Types of Partnerships:

  1. General Partnership: In a general partnership, all partners share equal responsibility for the management and liabilities of the business. Each partner is personally liable for the debts and obligations of the partnership.
  2. Limited Partnership: A limited partnership consists of at least one general partner and one or more limited partners. General partners have unlimited liability, while limited partners’ liability is limited to their investment in the business.
  3. Limited Liability Partnership (LLP): LLPs are similar to general partnerships but provide limited liability protection to all partners. This means that partners are not personally liable for the debts and obligations of the partnership beyond their investment.

Ownership and Management:

  1. Partnerships are owned and managed by the partners who contribute capital, skills, or resources to the business.
  2. Decision-making authority and management responsibilities are typically shared among the partners, although specific roles and responsibilities may vary depending on the partnership agreement.

Profit Sharing:

  1. Profits and losses are shared among the partners according to the terms outlined in the partnership agreement.
  2. Profit sharing may be based on the partners’ capital contributions, ownership percentages, or other factors agreed upon by the partners.


  1. In a general partnership, partners have unlimited personal liability for the debts and obligations of the business. This means that creditors can pursue the personal assets of the partners to satisfy business debts.
  2. In limited partnerships and LLPs, certain partners may have limited liability, protecting their personal assets from business debts beyond their investment in the partnership.


  1. Partnerships are pass-through entities for tax purposes, meaning that profits and losses “pass through” the business to the individual partners, who report them on their personal tax returns.
  2. Partnerships themselves do not pay income tax; instead, partners pay taxes on their share of the partnership’s income.

Partnership Agreement:

  1. A partnership agreement is a legal document that outlines the terms and conditions of the partnership, including each partner’s rights, responsibilities, and the distribution of profits and losses.
  2. Partnership agreements typically cover issues such as capital contributions, decision-making procedures, management structure, dispute resolution, and procedures for admitting or withdrawing partners.
  3. Partnerships offer flexibility, shared decision-making, and simplified tax treatment, but they also entail shared liability and the potential for conflicts among partners. It’s important for partners to have a clear understanding of their rights and responsibilities and to establish a comprehensive partnership agreement to govern their business relationship.

3 Private Limited Companies:

A private limited company, often abbreviated as Pvt. Ltd., is a privately-held business entity that limits the liability of its shareholders. Unlike public companies, private limited companies cannot offer shares to the general public through a stock exchange. Instead, shares are held privately by a small group of individuals, typically the company’s founders, investors, or employees.

Key Features of Private Limited Companies:

  1. Limited Liability: Shareholders of a private limited company have limited liability, which means their personal assets are protected from the company’s debts and liabilities. Their liability is typically limited to the amount of capital they have invested in the company.
  2. Separate Legal Entity: A private limited company is considered a separate legal entity distinct from its owners. This means it can own assets, enter into contracts, and sue or be sued in its own name.

Ownership and Management: Private limited companies are managed by directors appointed by the shareholders. Shareholders have voting rights based on their ownership of shares, but day-to-day management is typically delegated to the directors.

  1. Ease of Transfer of Ownership: Shares of a private limited company can be transferred between shareholders subject to any restrictions outlined in the company’s articles of association. However, transfer of shares often requires approval from existing shareholders.
  2. Financial Reporting: Private limited companies are required to maintain financial records and file annual financial statements with the relevant government authorities. However, their reporting requirements are typically less stringent compared to public companies.

Types of Private Limited Companies:

  1. Company Limited by Shares: This is the most common type of private limited company, where the liability of the shareholders is limited to the amount unpaid on their shares. It can be further classified into:
  2. Company Limited by Guarantee: In this type of private limited company, the liability of the members is limited to the amount they agree to contribute to the company’s assets in the event of winding up. These companies are commonly used for non-profit organizations, clubs, and associations.
  3. Holding and Subsidiary Companies: A private limited company can also act as a holding company, owning and controlling other companies known as subsidiaries. This structure allows for centralized management and financial control.
  4. One Person Company (OPC): Introduced to support sole entrepreneurs, an OPC is a type of private limited company with only one shareholder. This structure provides limited liability to the sole owner while allowing them to operate as a separate legal entity.
  5. Limited Liability Company (LLC): An LLC provides limited liability protection to its owners (called members) while offering flexibility in management and taxation. LLCs combine aspects of partnerships and corporations.
  6. One Person Company (OPC): A One Person Company (OPC) is a unique type of company structure that allows a single individual to operate a corporate entity with limited liability. Here are some key features of a One Person Company:
  7. Private Limited Company (Ltd.): A private limited company is a separate legal entity owned by shareholders. It offers limited liability protection to its shareholders, meaning their personal assets are generally protected from the company’s debts and obligations. Private limited companies cannot offer shares to the public and typically have restrictions on the transfer of shares.
  8. Public Limited Company (PLC): A public limited company is similar to a private limited company but can offer shares to the public through a stock exchange. It must adhere to stricter regulatory requirements and is often subject to more extensive disclosure and reporting obligations. Shareholders in a PLC also enjoy limited liability.

Private limited companies offer flexibility, limited liability protection, and favourable tax treatment, making them a popular choice for entrepreneurs looking to establish a formal business entity. However, the specific type of private limited company chosen depends on factors such as business objectives, ownership structure, and regulatory requirements.

Documents Required for Registration of Private Limited Company/OPC/Public Limited Company

  • PAN Card
  • Adhar Card
  • ID Proof – Driving Licence,/Voter ID,/and passport.
  • Address Proof – utility bill or bank statement in their name
  • Digital Signature – Class 3 Digital Signature of the authorised director to Sign the application for Company Registration.
  • Documents of the Registered Office
  • Proof of Registered Office Address
  • No Objection Certificate

Steps involved in company Registration

  • Select Business Name
  • Get Digital Signature Certificate (DSC)
  • Obtain Director Identification Number (DIN)
  • Registration on the MCA (Ministry of Corporate Affairs) Portal:
  • Certificate of Incorporation:
  • Get G.S.T Certificate
  • Get E.P.F & E.S.I.C Number
  • Commencement of Business

4 Non profit Society:

A corporation formed for charitable, educational, religious, or other purposes that benefit the public. Nonprofits are exempt from certain taxes and have specific regulations governing their operations and use of funds.

Document Required for Society Registration

  • ID Proof of Each Member
  • Address proof of Each Members
  • Bye-law of the Society.
  • Passport size photographs of the Chairman.

5 Cooperative:

A business owned and operated by its members for their mutual benefit. Cooperatives can take various forms, such as consumer cooperatives, worker cooperatives, or producer cooperatives, and they operate based on democratic principles.

Document Required for Cooperative Registration

  • Name of proposed Institution
  • Address (Village, Post Office, Block, Tehsil and District)
  • Type of Responsibility
  • Area of Operations
  • Purpose
  • Share Capital
  • Number of persons who have been accepted to join as a member
  • Full Name and Address of First Signatory on Application.

Objective of Cooperative Registration

Unconstrained and Open Membership:

Co-operative society is a free and unconstrained organization for such individuals, who are able to utilize its services and agrees to accept the responsibilities of membership without any gender, social, ethnic, political and religious discrimination.

Democratic control of the members:

Co-operative society is a democratic organization, controlled by its members who actively participate in the maintenance of its policy determination and decisions. Men and women elected as representatives are responsible to the members. The members of primary co-operative society have equal voting rights (One member – one vote) and the co-operative society is also constituted in democratic manner on other levels.

Economic Participation of Members:

Members contribute in the capital of their societies and control it in democratic manner. At least one part of the capital is the public property of the co-operative society. A member usually gets limited retribution, if any, against the capital contributed as the condition of membership. Members allocate surpluses for any of the following purposes, to establish possible reserve for the development of their society, some part of which would be indivisible, to give the benefits to the members of the society, in the proportion of their contributions and to support other activities approved by the members.

Autonomy and Independence:

Co-operative society is an autonomous and self depend organization that is controlled by its members. If they makes contract with other organizations including the Government or make arrangements of capital from external sources, they do so to ensure the democratic control by their members and to maintain the autonomy of their co-operative society.

Education, Training and Information:

Co-operative society provides education and training to its members, elected representatives, managers and employees, so that they could effectively contribute in the development of their co-operative society, and they would provide the information on nature and benefits of co-operation to general public particularly to youth and leadership.

Cooperation in cooperative societies:

Co-operative society effectively serves its members through working at local, regional, national and international levels and makes stronger to cooperative movement.

Care for Community

Co-operative society works for steady development of its community, through the policies approved by its members.

6 Trust:

A legal entity created to hold and manage assets for the benefit of one or more beneficiaries. Trusts can be used in business contexts, such as asset protection, estate planning, or managing employee benefit plans.

In India, the laws governing trust registration primarily fall under the Indian Trusts Act, 1882. Additionally, various state-specific laws and regulations may also apply, depending on the location and nature of the trust. Here’s an overview of the key legal provisions and steps involved in trust registration in India:

Indian Trusts Act, 1882: The Indian Trusts Act, 1882, provides the legal framework for the creation, administration, and dissolution of trusts in India. This act defines the essential elements of a trust, such as the settlor, trustee, beneficiary, trust property, and trust purpose.

Essential Elements of Trust Formation: According to the Indian Trusts Act, for a valid trust to be created, there must be:

  • Intention to create a trust.
  • The subject matter of the trust (trust property).
  • The transfer of trust property to the trustee.
  • The beneficiary or beneficiaries.
  • The administration of the trust by the trustee for the benefit of the beneficiaries.

Registration of Trust Deed: While the Indian Trusts Act does not mandate the compulsory registration of trusts, it’s advisable to register the trust deed to establish its authenticity and legal validity. The registration process involves submitting the trust deed to the local Registrar/Sub-registrar of Assurances along with the prescribed fees.

Stamp Duty: Trust deeds are subject to stamp duty, which varies from state to state. The trust deed must be stamped as per the applicable stamp duty rates before registration. Failure to pay the requisite stamp duty may lead to penalties or invalidation of the trust deed.

Documents Required for Registration:

  • The documents typically required for trust registration in India include:
  • Trust deed on non-judicial stamp paper.
  • Identity proof and address proof of the settlor(s) and trustee(s).
  • Passport size photographs of the settlor(s) and trustee(s).
  • Proof of the registered office address of the trust.
  • Payment of prescribed registration fees.
  1. Trust Registration Authority: Trusts are registered with the office of the local Registrar/Sub-registrar of Assurances, which is under the jurisdiction of the state government. The registration process may vary slightly from state to state.
  2. Tax Registration: After trust registration, it’s essential to obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the trust. This facilitates compliance with income tax regulations and filing of tax returns, if applicable.
  3. Compliance and Reporting: Once registered, trusts must comply with various reporting and compliance requirements, including maintaining proper accounts, filing annual returns, and adhering to any regulatory guidelines applicable to trusts in India.

It’s crucial to consult with legal professionals or chartered accountants familiar with Indian trust laws to ensure compliance with all legal requirements and procedural formalities during the trust registration process in India.

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