Company Registration in Kerala , India - Web Legal Consultant
WLC - Web Legal Consultant is a legal firm specializing in Business or corporate law. It is well-equipped to handle business registration and legal compliance matters. The primary advantage of engaging with WLC is its proficiency in managing business litigation and licensing issues in court.
Business registration in Kerala, as in other parts of India, involves several key steps and requires compliance with specific regulations and processes. Here's an overview of how business registration typically unfolds in Kerala:
1. Decide on the Business Structure
Sole Proprietorship: Simplest form, easy to start and requires minimal regulatory compliance.
Partnership: Involves two or more individuals who agree to share the profits or losses of the business.
Limited Liability Partnership (LLP): Offers the benefits of limited liability to the partners and requires registration with the Ministry of Corporate Affairs (MCA).
Private Limited Company: Requires at least two shareholders and two directors and offers limited liability protection to its members.
One Person Company (OPC): Allows a single entrepreneur to own and manage a corporate entity with limited liability protection.
2. Obtain Digital Signature Certificate (DSC)
Essential for filing forms electronically with the MCA, especially for LLPs and companies.
3. Director Identification Number (DIN)
Any individual intending to become a director in a company must apply for a DIN.
4. Name Approval
Businesses must get their name approved by the Registrar of Companies (RoC) Kerala. This can be done through the MCA's online portal.
5. Drafting and Filing of Documents
This includes the Memorandum of Association (MoA), Articles of Association (AoA) for companies, and partnership deeds for partnerships.
6. Registration with RoC
Submit the necessary documents to the RoC along with the prescribed fees. Upon verification, the RoC issues a Certificate of Incorporation.
7. PAN and TAN
Businesses must apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).
8. GST Registration
If the business involves the supply of goods or services, it may need to register for Goods and Services Tax (GST), especially if the turnover exceeds the threshold limit.
9. Opening a Bank Account
A bank account in the name of the business is necessary for financial transactions.
10. Other Registrations and Compliances
Depending on the nature of the business, other registrations may be required, such as:
Professional Tax Registration
Employees' Provident Fund Organization (EPFO)
Employees' State Insurance Corporation (ESIC)
Shop and Establishment Act License (for businesses operating from a physical location)
11. Local Permissions
Some businesses may require additional permissions or licenses from local bodies, such as the municipality, health department, fire department, etc., depending on the business type and location.
It's important to comply with all regulatory and legal requirements to avoid any legal issues. Consulting with legal and financial experts can provide guidance tailored to the specific needs and type of business being established in Kerala.
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