Registration

Few answer to the frequently asked question. We hear from Our Clients, of course, please feel free to Contact us Concerning questions about your specific situation.

GST Registration is a process by which a taxpayer gets himself registered under GST. Once a business is successfully registered, a unique registration number is assigned to them known as the Goods and Services Tax Identification Number (GSTIN)

Who should get registered?

  • Individuals registered under the previously applicable Indirect tax laws such as Excise, VAT, Service Tax
  • Businesses with turnover above the threshold limit of Rs. 40 Lakhs* (Rs. 10 Lakhs for North-Eastern States, J&K, Himachal Pradesh and Uttarakhand)
  • Casual taxable person
  • Non-Resident taxable person
  • Agents of a supplier & Input service distributor
  • Taxpayers under reverse charge mechanism
  • E-commerce aggregator and every person who supplies via e-commerce aggregator.

Why to get GST Registration?

  • Mandatory under law (exemption is available for certain business categories only)
  • In order to supply products / services within or outside the state or country.
  • Availing Input Tax Credits

Who authorizes IEC?

DGFT (Directorate General of Foreign Trade) provides any person (natural or artificial) who is involved inimport or export of goods/services from India an Import Export Code Certification.

What is IEC?

Import Export Code (IEC) is a ten-digit number, comprising alphabets and numbers. It is a pan-based registration having a unique number through which a person is identified at all offices of Customs and DGFT across India.

What is MSME registration?

License for Micro, Small and Medium Enterprises is the registration available for entrepreneurs who want to operate businesses based on the investment in plant & machinery made by a manufacturing concern or investment in equipment made by a service provider.

Is registration mandatory?

Registration for MSME is not legally mandatory but registering provides several benefits from the government.

For a Pharmaceutical company, a Drug license is required from the Central Drugs Standard Control Organization(CDSCO)under Directorate General of Health Services,Ministry of Health & Family Welfare,Government of India is the National Regulatory Authority (NRA) of India.

Food safety and standard authority of India (FSSAI), is responsible to verify the safety and standardization of food products nationwide.

Categories available in FSSAI Licenses:

  1. FSSAI Central License – (Large Food Business)mandatory for Food Business Operators operating in multiple states, importer, 100% export-oriented units, and providing catering services in various central government agencies.
  2. FSSAI State License – (Medium Food Business) mandatory in all cases where the turnover of the Food Business Operator is more than 12 lacs in financial year.
  3. FSSAI State Registration – (Petty Food Business)
Foreign contribution regulation Act 1976 or FCRA is a law of government of India which manages receipt of foreign contributions or help from outside India to Indian areas.
This law is implemented by the ministry of Home affairs, Government of India. FCRA is stated for Foreign Contribution Regulation Act where the funds are being granted for the specific purposes like for educational, cultural, religious, economics and social enhancement.
These funds can be offered by any of the foreign company to any of the organization located at different country but only after the same organization is being registered under the central government and having a certification of FCRA under the FCRA registration in India 1976 act.

Documents Required for FCRA Registration

Without FCRA registration in India no one can participate in foreign contribution for the respective purposes; to reap all the FCRA benefits it is mandatory to get company registered under the FCRA act in India. Every country has its own rules and regulations for controlling and administering the FCRA department where in India one need to submit the below mentioned documents for FCRA registration.
  • Duly filled form FC-3 in triplicate.
  • Submit the statement of audited accounts from past three years.
  • Submit the statement includes the activities of past three years as annual report.
  • Submit the copy of registration certificate if the association is already registered as society or trust.
  • Submit the copy of Articles of Association and Memorandum of Association.
  • List of purposes and activities for the respective foreign contribution is being utilized.
  • Details of members and board of organization and association and company need foreign contribution certificate.
  • Submit the copy of attorney of organization and association and company need foreign contribution certificate.
  • Submit the copy of resolution of the company that authorizes the registration under FCRA.
  • List of current members in the organization, association and company needs certification for foreign contribution.
  • If the organization has any publications or journal, then the detail of the same needs to be submit.
  • Submit the details of prior FCRA if the association has already received the foreign contribution with or without the prior approval of the Central Government
  • Detail of bank through which the FCRA transaction is being processed.
  • Submit the copy of all the documents issued by the Income Tax Department u/s80G and 12A
Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956 involved in the principal business of lending, investments in shares/stocks/bonds/debentures, leasing, hire-purchase, insurance business, chit business or involved in the receiving of deposits under any scheme or arrangement.

NBFC Registration Procedure and Services

In India, the NBFCs are registered and regulated by the Reserve Bank of India Act, 1934. Our well-seasoned and veteran attorneys provide all necessary services for NBFC registration in India, during the entire registration process. The entire NBFC registration procedure in India encompasses the following broad steps:
  • Formation and Incorporation of the Company: — The desirous company must be registered under the new Indian Companies Act of 2013, or the earlier companies act of 1956. Our internationally famed company lawyers also offer the complete gamut of services for registering any new company as per the new companies act of 2013, for doing business in any or more of the above-mentioned fields of non-banking financial companies.
  • Minimum Net Owned Capital: — The minimum amount of net owned capital or fund which must be possessed by the aspirant company for NBFC registration in India, is INR-2 Crore (as raised from April 1999). This paid up equity capital must be the Equity Share Capital, and not the Preference Share Capital.
  • Opening a fresh Bank Account: — This require minimum amount of paid up equity capital of INR-2 Crore is to be kept in the deposit account of any bank, which must be free from all liens. Generally such funds are maintained in fixed deposit account. At the time of making application for getting registration under NBFC, this essential net owned fund must be present in the deposit account, because while considering the application for requesting the grant of NBFC registration, the RBI does verify such deposits of the company with the concerned bankers.
  • Making Application for NBFC Registration: — The aspirant company responsibly needs to submit online, the completed application form for NBFC registration, to the Reserve Bank of India, by making access to the RBI’s secured website. The applicant company will then get an application reference number. After this, the company requires to submit the hard copy of the filed on-line application, together with the application reference number, in duplicate; along with all demanded documents, to the concerned Regional Office of RBI. The following prescribed documents are to be filed along with the main application form for NBFC registration — Annexure-I, Annexure-II, and Annexure-III; and contain all information regarding the incorporation of the company, its MoA and AoA, documents related with administration and management of the company, location of the company, well-audited financial accounts of the company, income tax PAN, etc.
  • Granting of Registration Certificate: — After the application is filed with the concerned regional office of RBI, the application is censoriously examined, and all the forwarded documents are critically verified by the regional office, and then, the application is sent to the central office of RBI, if everything is found complete and satisfying. The central office of RBI then examines and verifies all particulars and documents forwarded to him, and then grants the NBFC registration certificate, if all the conditions described in the Section 45-IA of the RBI Act of 1934, are properly and fully satisfied by the applicant company.

Here, below are some of the major aspect of LLP formation in India :

  1. Can reap the benefits of limited liability.
  2. Can enjoy low tax liabilities as compare to other form of corporate.
  3. Easy to get registration as compare to private or public company.
  4. No restrictions over the maximum numbers of partners.
  5. No limitations over the minimum capital for start up of business under LLP.

LLP Incorporation / Formation Steps or Procedure in India

For LLP formation or incorporation one need to follow all the steps and guidelines
under a prescribed manner. Here, we as a LLP firm bring you with complete services in LLP formation where below you will find the steps or procedure for LLP registration in India.

  • Firstly, fill eForm DIN – 1 form in order to apply for DIN. It is mandatory for every partner in LLP to have Designated Partner Identification Number.
  • Secondly; file an application to Registrar a DSC. It is an application with digital signatures by the signatory partner of the LLP who have a license to sign the digital signature in order to form LLP.
  • Then, file an application for the approval of LLP name that can be done by filling Form 1. In this form one need to define all the require information and need to fill all the require fields.
  • After approval of name file an application under Form 2 in order to incorporate the proposed LLP.
  • Then, within the 30 days of incorporation of LLP, one need to file an LLP agreement under the Form 3

Trademark Registration Process

Today, trademark registration in entire India is performed as per the provisions and
rules given in the Trade Marks Act of 1999 (including all amendments made in this so
far) and the Trade Marks Rules of 2017. In India, there are five well-established regional
offices of trademark registry, each of which has jurisdiction over many surrounding
States or/and Union Territories. These offices of trademark registry are located in
Mumbai, Kolkata, Delhi, Chennai, and Ahmedabad. Based on the location of the
applicant company, the application for trademark registration is to be filed with the
relevant office.

Broadly, the trademark registration process covers the following tasks or activities, irrespective of the interested economic fields or trademark classes:

  • Creation of a unique trademark or service mark or logo
  • Verification of its undebatable uniqueness through nationwide trademark search
  •  Filing the application for trademark registration in Form TM-A
  • Answering questions of the concerned trademark examiner/registrar, and satisfying him regarding registrability of the filed trademark/service mark.
  • Quenching any opposition to the registration of the filed mark.
  • Offering well-informed and brilliant prosecution for trademark registration

Documents Required for Trademark Registration?

Apart from the appropriate Form (which is Form TM-A) and the prescribed
governmental fees, the other documents required for trademark registration anywhere in
India are the following:

  1. A soft copy of the newly-created unique mark in JPEG format
  2. Detailed name, residential/official addresses, and contact number of the applicant company
  3. A brief description in words of the mark being filed
  4. The trademark class or classes under which registration is sought
  5. Some relevant trade-related information about the applicant company
  6. The trademark or service-mark class and the date of first use (by the applicant) of the mark being filed for registration
  7. And, other pieces of information of documents which may be demanded by the concerned trademark examiner/registrar

Registration Procedure for Partnership Firms in India

If the company is non-registered; then in case of any violation of acts by any of the third party or any other partner; the company could not claim or sue against the same. With registration; the company can reap the complete set of advantages in respect of legal rules.

Here, below we bring you with complete procedure for registration a partnership firm:

  1. Need to file an application for company registration under partnership form of
    corporate with required information like name of your firm, placer of business, partnership date, duration of firm and full name and address of partners where the
    same application needs to verify and sign by every partner.
  2. Minimum partners should be atleast two and maximum 10 and be sure the company name should not conflict with any other government company or department, society or trust name, religion symbol or organization.
  3. Application must be submitted under a prescribed Form 1.
  4. Other documents like partnership deeds, proof of place of business and Specimen of Affidavit.
  5. After a registrar gets confirm with each and every document; finally apply for the certification of partnership firm and also for commencement of business in India.

ESI Registration Process

This section informs in brief all about how to register under esi, in order to provide the above-mentioned benefits to one's employees. In general, the esi registration process in india covers the following tasks:

  • Completing and filing the Employer's Registration Form (Form-01) with the ESIC, along
    with submitting the required documents.
  • The employee is required to fill in Form-I and submit a family photo in duplicate to the employer.
  • The ESI Office will then examine and verify the applications and documents submitted, and thereafter provide to the employer a 17-digit unique dentification code number, and an identity card together with an insurance number to every employee.

In general, the documents to be submitted to the ESI Office by an employer for the purpose of registration under the ESI Scheme, are the following:

  • Certified copy of the certificate of incorporation of the company
  • Certified copies of the AOA and MOA of the employing company/firm
  • Certified copy of the certificate of commencement of business/production
  • Certified copies of the certificate or license issued under the Shops and Establishment Act of the relevant State, if applicable.
  • PAN Card, Address Proof, Bank Account, and all Tax related certificates and documents applicable.
  • Documents/ Registers showing employment, attendance, salary, etc. of all eligible employees.
  • List of Partners or Directors
  • An updated copy of the bank statement of the company’s account
  • Applications and Documents submitted to the employer by its employees.
  • And, many other documents which may be demanded by the ESI Office.

Offshore Company Registration India

Here we offer you with the beat of services in offshore company registration in India where we welcome clients from outside India and make them to do business over here. Our company law experts and corporate solicitors will favor you in bringing your business aspects in India. There are varied advantages that have made the companies in abroad to examine their hands in Indian market.

  • Indian corporate law allows tax exemption to the foreign businesses for the first five years of operation and 50% for the next five year if it runs under the boundaries of India’s Special Economic Zones.
  • Low cost, tax benefits, best of technology and lucrative market are the best source while starting a business in India.
  • Countries like Japan, Australia, UK, South Korea, Canada, Singapore, China, USA and many more around 70 countries that can enjoy double taxation treaties while formation their business segments in India.

Service Mark Registration Procedure

For registrations of all categories of intellectual property, inseparably including the service marks, in countries worldwide, ours well-informed and expert trademark lawyers offer the whole gamut of legal and supportive services to ours Indian and global clients belonging to various economic fields. Hereunder, the service mark registration procedure in India, is being exclusively described.

  • We assist service entities in creation or invention of perfect and unique service mark, to suit their respective business excellently.
  • Our vibrant and proficient trademark lawyers conduct nationwide trademark searches for verifying the originality and uniqueness of thus created service mark.
  • Application is made for registration of the newly invented service mark with the concerned zonal trademark office of India, in accordance with the new Trade Marks Act of 1999, and the Trade Marks Rules of 2002.
  • For quicker and safest service mark registration, provided is the service of trademark prosecution by ours innovative lawyer.
  • Any one or all targeted or prioritized international service mark registrations of Indian entities are adeptly supported by us under the TRIPS Agreement, Berne Convention, Madrid Protocol, and the European Community Trademark.

NBFC Registration Procedure and Services

In India, the NBFCs are registered and regulated by the Reserve Bank of India Act, 1934. Our well-seasoned and veteran attorneys provide all necessary services for NBFC registration in India, during the entire registration process. The entire NBFC registration procedure in India encompasses the following broad steps:

  • Formation and Incorporation of the Company: — The desirous company must be registered under the new Indian Companies Act of 2013, or the earlier companies act of 1956. Our internationally famed company lawyers also offer the complete gamut of services for registering any new company as per the new companies act of 2013, for doing business in any or more of the above-mentioned fields of non-banking financial companies.
  • Minimum Net Owned Capital: — The minimum amount of net owned capital or fund which must be possessed by the aspirant company for NBFC registration in India, is INR-2 Crore (as raised from April 1999). This paid up equity capital must be the Equity Share Capital, and not the Preference Share Capital.
  • Opening a fresh Bank Account: — This require minimum amount of paid up equity capital of INR-2 Crore is to be kept in the deposit account of any bank, which must be free from all liens. Generally such funds are maintained in fixed deposit account. At the time of making application for getting registration under NBFC, this essential net owned fund must be present in the deposit account, because while considering the application for requesting the grant of NBFC registration, the RBI does verify such deposits of the company with the concerned bankers.
  • Making Application for NBFC Registration: — The aspirant company responsibly needs to submit online, the completed application form for NBFC registration, to the Reserve Bank of India, by making access to the RBI’s secured website. The applicant company will then get an application reference number. After this, the company requires to submit the hard copy of the filed on-line application, together with the application reference number, in duplicate; along with all demanded documents, to the concerned Regional Office of RBI. The following prescribed documents are to be filed along with the main application form for NBFC registration — Annexure-I, Annexure-II, and Annexure-III; and contain all information regarding the incorporation of the company, its MoA and AoA, documents related with administration and management of the company, location of the company, well-audited financial accounts of the company, income tax PAN, etc.
  • Granting of Registration Certificate: — After the application is filed with the concerned regional office of RBI, the application is censoriously examined, and all the forwarded documents are critically verified by the regional office, and then, the application is sent to the central office of RBI, if everything is found complete and satisfying. The central office of RBI then examines and verifies all particulars and documents forwarded to him, and then grants the NBFC registration certificate, if all the conditions described in the Section 45-IA of the RBI Act of 1934, are properly and fully satisfied by the applicant company.

Interested businessmen, firms, and companies of India can readily avail our excellent and expeditious, and of course, economical services for getting NBFC registration certificate, from our internationally reputed full-fledged law firm of India.

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RAJIV TULI

Managing Partner

Legallands LLP