Tag BUSINESS REGISTRATION

Starting your own business? One of the most reliable and credible options if you want to establish your business is to register a Private Limited Company (Pvt Ltd). It provides more access to capital and partnerships, restricted liability, and a distinct legal personality.

The registration process is now simplified and mostly all work is online because of the Ministry of Corporate Affairs (MCA).

What Is a Private Limited Company?

The Companies Act of 2013 governs a particular kind of business entity called a private limited company. It needs at least two directors and two stockholders, who might be the same individuals. In India, the business must also have a registered office. This structure is perfect for family-run firms, startups, and growth-orientated companies because it offers: Restricted protection against responsibility

• Improved legal status
• Transfer of ownership is simple
• Qualifications for equity financing

How to Register a Private Limited Company in Steps

Step 1: Obtain the Digital Signature Certificates (DSC)

• All directors and shareholders are required to obtain a Class 3 Digital Signature Certificate because the entire registration process is digital.
• Issued by authorised government officials
• Processing takes just 30 minutes effectively
• Used to sign documents such as e-MoA, e-AoA, and SPICe+

Tip: For hassle-free DSC processing, pick a trustworthy organisation.

Step 2: Apply for Director Identification Number (DIN)

• DIN is a special number that each director of the company is given.
• The SPICe+ form allows new businesses to directly receive DINs (up to three).
• After incorporation, appoint extra directors if more than three lack DINs.
• The SPICe+ form now incorporates DINs, which facilitates application.

Step 3: Reserve Your Company Name

Selecting the appropriate name for your business is essential for branding and legal reasons. One of two approaches is available to you:

File SPICe+ Part-A: Before submitting the whole form, reserve a name. Two name choices are permitted by MCA, and if refused, there is one opportunity to reapply.

Combine Parts A and B into a file: Consolidate incorporation and name approval in one step. Make sure the name doesn’t sound like any trademarks, LLPs, or already-existing businesses.

Step 4: Fill out the INC-32 SPICe+ Form

The simplified proforma for electronically incorporating a business, or SPICe+, is a form for:

• Reserving of a name
• DIN application
• Incorporation of a company
• TAN & PAN
• Registration of ESIC and EPFO
• GST (optional)
• Bank account
• Professional tax (if applicable)

Complete the online form, save it to your device, attach the DSCs, and then upload it back to the MCA portal. The form needs to be verified and approved by a practicing CA/CS.

Step 5: Submit e-MoA and e-AoA

The Articles of Association (AoA) describe the internal workings of your organisation, while the Memorandum of Association (MoA) outlines its goals.

• Use the e-MoA and e-AoA forms INC-33 and INC-34.
• With SPICe+, these are submitted as connected forms.
• All subscribers must digitally sign this document.
• Printed documents are no longer used in this process; it is entirely digital now.

Step 6: Apply for PAN and TAN

• PAN and TAN are generated automatically after SPICe+ is submitted.
• Issued by the Income Tax Department.
• The Certificate of Incorporation (CoI) includes PAN, TAN and CIN.
• The PAN card is sent through mail, after incorporation at the approximately same time.
• All official documents are delivered digitally and shortly.

Documents Required

For Indian Directors/Shareholders:

• PAN Card
• Aadhaar Card
• Passport-sized photo
• Address proof (bank statement, electricity bill, etc.)

Proof of Premise to be registered

• Rent agreement or property ownership document
• No Objection Certificate from the property owner

For Foreign Nationals:

• Valid passport
• Notarized address proof (utility bill, ID card, etc.)
• National identity proof (translated if not in English)

How much time does it take?

It takes seven to ten working days to complete the procedure if everything is filed correctly. The most common causes of delays are mismatched documents or mistakes in name approval.

Conclusion

Now-a-days, it is much easier and faster than ever to register a private limited company. The majority of formalities are finished in one place because of the SPICe+ form and integrated MCA site, which saves founders time and lessens their compliance load.

Nevertheless, precision is essential. A minor error can lead to delays or rejection. To help you with the process, it is advisable to seek advice from an expert (such as a legal counsel, CS, or CA).

For Professional advice, you can connect with our expert through +91-9267970588 or taxacumen.consultancy@gmail.com

Any person falling under the laws of GST must need to get registered under the GST and have the GSTN. Click the link here to know, whether you are falling within limit GST registration threshold limit, https://taxacumen.in/?p=978 and to understand the benefits of the same https://taxacumen.in/?p=986

Here, we will not discuss again whether you are required to have GST or not, but to know step-by-step registration process to apply for the same.

Step 1

Go to the Website https://www.gst.gov.in/ and to register, go to the “Register” tab on the Right side in Top location. If you are here for the first time go to “New Registration” and if you already have TRN, Click to TRN.

Step 2

You will get to watch the screen as mentioned here, fill the details asked here to proceed when you dont have TRN already

Select whether you are  Taxpayer, Input Service Distributor(ISD), Tax Deductor, Tax Collector (Ecommerce Operators), Non Resident Taxable Person, GST Practitioner, or else.

Also, mention your legal name as per Permanent Account Number (PAN) only, Business Name can be differ.

Mention your email Address and Mobile number for OTP and all future correspondence with the GST Department. Make sure to provide active email and mobile number.

And after filling all the details and information here, Click on Proceed to reach the next page.

Step 3

You will receive a page to enter a valid OTP, here Email and Mobile OTP will be the same. You can check and mention any of them to proceed.

Step 4

Once the OTP you entered above verified and approved, you will get this Screen, where TRN (Temporary Reference Number) will be mentioned for you. 

Save the TRN and write it down to your notepad for future correspondence. You will also get the said TRN through the text in messages and in your email mentioned in the application.

Step 5

Now, you have TRN with you to proceed for GST Registration. You must know that TRN will be available for 15 days to complete the process with the same TRN. Otherwise, a new TRN will be required.

Now you will login the Portal with your Received TRN and OTP to be received through your email and mobile both. After entering the OTP, you will be reached at a page where your Draft application is being shown.

Step 6

Here, you must complete this draft application within 15 days from generating the TRN. Till the date you didn’t get a GST Number from the GST Department, you can login with TRN for your registration.

Step 7

Here, you must provide Trade Name of business, Address details and proof of premise where the business is being operated, Personal details of Proprietor/Partners/Directors, Documentary proof of any additional premise for business to be attached, and all the details asked in the draft form must be provided. 

Here in the image, this is only first page of the draft form. The Applicant must complete the entire draft application, then Profile completion % mentioned in the right side of the image will be shown as 100%

Step 8

Aadhaar Authentication process

After the completion of the draft form, verification process is being done according to rules and provisions. There is an option to do Aadhaar Authentication with biometric verification of the primary authorized person. Where the mobile number of the primary responsible person used for registration is the same number with which Aadhaar has been linked, it is possible to authenticate the Aadhaar online with OTP. It cuts the time process of approval from the department within 7 days. 

Also, where a person opts to not to authenticate Aadhaar as described here before, he/she  can upload an Aadhaar copy to complete the KYC process. In such case, the GST Officer must verify the principal place of business physically and the time limit to approve the GST Registration Application is within 30 days.

It is advisable and beneficial to do Aadhaar authentication with biometric verification for GST Registration.

Step 9 

Approval of GST Application

Once the department is satisfied with all the details mentioned here and documents attached, the application will be approved. The applicant will receive an automatically sent mail having the login credentials in it.

Login path for First time users must be used, Here, Create the User Id ( not changeable) and change the system password given by the department through the mail.

Step 10 

Bank Account Update

Generally people thinks GSTN is received and work is done. But, this is untrue. The registered taxpayer must add their bank details with a cancel cheque or bank passbook first page mandatorily within 45 days from the date of registration granted.

In case of non compliance, the department can cancel the GST Registration after the deadline passed.

About Author – Deepa Kaintura

I am a lawyer by profession. I am a legal consultant in TaxAcumen providing services to corporates about GST, Income Tax, ROC Compliances, etc. My love for finance and law encouraged me to write and share the knowledge with the readers here. For any query, reach us at 

WhatsApp : +91-9267970588 Email I’d:taxacumen.consultancy@gmail.com

In this digital era, even a common man knows about the GST( Goods and Services Tax) by its name. Any person thinks of any idea for doing business, the first thing which strikes in his/her mind is that he/she must get the business registered under the GST Act.

But is it true that every business person needs to get registered for GST? Actually not.

Under the GST Act, the threshold limit is a very important term, which is the basis of registration requirement. Here, we will discuss the threshold limit applicable according to the provisions and rules. Threshold limit is decided based on the turnover as specified in the GST Law for the same.

Other than the business falling under the limit specified, there are a few other activities for which GST Registration is bound to be taken.

A person who is running a business or planning to start a business, must ensure whether he/she falls into the threshold limit to avoid the GST Registration till the limit meets or he/she is mandatorily required to get registered under GST laws as discussed below.

Threshold Limits are as specified under the Laws

Any person engaged in providing the services, where the aggregate turnover* exceeds Rs. 20 Lacs must get GSTN to do the business.

For special category states**, the above mentioned limit of Rs 20 Lacs to be considered as Rs 10 Lacs for checking the applicability.

Now, for the sale of goods within the same state, the threshold limit for states other than special category states, is Rs. 40 Lacs for intra state transactions. (Special category states** will be considered Rs. 20 Lacs)

* Aggregate Turnover means

The Aggregate Value of

1. all taxable supplies (excluding inwards transactions chargeable on Reverse Charge Mechanism basis), 
2. Exempt supplies
3. Exports of goods or services or both
4. Interstate supplies of persons with same PAN on all India basis, but, excluding the CGST, SGST, IGST, and cess.

** Special Category states mean the states of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand.

The States/UTs had the option to choose the threshold limit to be considered for GST Registration. Accordingly, below mentioned states/UTs chose the limit for themselves.

States/UTs who considers the limit of Rs. 40 Lacs, are as mentioned below:

Kerala, Chhattisgarh, Jharkhand, Delhi, Bihar, Maharashtra, Andhra Pradesh, Gujarat, Haryana, Goa, Punjab, Uttar Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Tamil Nadu, West Bengal, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Andaman and Nicobar Islands, Chandigarh, Jammu and Kashmir, Ladakh and Assam.

Telangana, being a normal and the only state, falls for the limit of Rs. 20/10 Lacs, as the case may.

States/UTs who considers the limit of Rs. 20 Lacs, are here mentioned:

Puducherry, Meghalaya, Mizoram, Tripura, Manipur, Sikkim, Nagaland, Arunachal Pradesh and Uttarakhand.

Now, other than the business entities that fall under the threshold limit specified above, a few business entities are mandatorily required to get registered under the GST Laws, which are as follows:

1. Interstate Suppliers
2. Casual taxable Persons
3. Chargeable under Reverse Charge Mechanism
4. Non Resident Taxable Person
5. Persons required to deduct TDS under law
6. Persons required to collect TCS under law
7. Input Service Distributors
8. E-Commerce Operator
9. Persons making a sale on behalf of someone else whether as an Agent or Principal
10. Providing OIDAR Services
11. Suppliers who supply goods through e-commerce operators who are liable to collect tax at source.

It is also to be noted that any business entity does not fall under the threshold limit specified here, can also get registered under the GST voluntarily. But once the registration is done, all provisions and rules will be applicable on those who opted the same.