Common Mistakes To Avoid While Registering A Company In India
Importance of Proper Company Registration
In recent years, India holds the flag for the evolving startup ecosystem as
young brains are more attracted towards entrepreneurship. The Ministry of
Corporate Affairs report says that around 15,000 new startups come into
existence in India each month. The most shocking part is that among them only
about 20% of the businesses manage to sustain themselves and a significantly
lower, approximately 0.01% achieve notable success after a period.
The low rate of success may be the result of limited operational scope, lack of
profit, and restricted growth opportunities. Some other factors that may result
in a business failure are those common company registration mistakes made during
the initial phases of business registration in India.
Common Mistakes to Avoid During Company Registration in India
Selection of Inappropriate Structure
Selecting the right business structure as per the requirements of a startup is
crucial. The startups may choose from a Private Limited Company, Public Limited
Company or One-Person Company. It is the initial and one of the most crucial
structures of a business as it would have a sustaining impact. Simply put,
selection of a business structure can depend on various factors such as business
size, cash flow, and future development and growth potential of the startup.
Private limited company provides flexibility as it requires a minimum of two
shareholders and directors so it's suitable for small businesses. If it comes to
public limited companies, they are appropriate for bigger businesses as they
require a larger number of directors, stockholders for incorporation. Whereas,
OPCs are the best way for solopreneurs who wish to handle all company duties
alone.
Insufficient or Incorrect Supporting Documents
Arranging requisite documents as per business structure requirement is mandatory
to get the incorporated completed successfully. It's essential to attach/upload
the documents with filing registration applications. Filing erroneous or
insufficient documents may cause delay or rejection of your business
registration. It is one of the most common company registration mistakes that
must be avoided to reduce delay or rejection rate of businesses registration.
Improper Identification of Liability
Different business frameworks provide different amounts of liability protection.
Therefore, it's crucial to consider this key aspect while choosing a business
registration. Wrong or inappropriate selection of business form may affect your
personal assets as you are personally obliged for company's losses as specified
through your business registration. For instance, a sole proprietorship business
structure in which the owner is fully liable for its losses, in this condition,
his personal assets are at risk.
Improper Addressing of Liability
Different business frameworks provide different amounts of liability protection.
Therefore, it's crucial to consider this key aspect while choosing a business
registration. Wrong or inappropriate selection of business form may affect your
personal assets as you are personally obliged for company's losses as specified
through your business registration. For instance, a sole proprietorship business
structure in which the owner is fully liable for its losses, in the event of
losses, his personal assets are at risk.
In contrast, a company provides limited liability protection to the owners. Due
to which, the owners are not personally accountable for the company's debts and
losses; their assets are protected if the company has loan, debt or meeting any
loss. This is the reason, selection of a business structure providing limited
liability and also meets other criteria is essential.
Neglecting Tax Liabilities
One of the common mistakes that entrepreneurs often make is not prioritising the
tax related compliances. Addressing the taxes related obligations as per
business type even before registration of your business is always a wise
decision. Entrepreneurs must register with all essential local, state and
governmental taxes regulations. Businesses as per their structure need to comply
with a broad range of taxes and other government regulations.
Providing Improper/incomplete company information
While registering a business in India, providing complete details of a business
is necessary. This provided details should be the Company Name, Nature of its
Operations, Current Location, Distinctive Brand identity, Target
Clients/Location, along with the company's key objectives. Such information
provided in a prescribed format acts as the basis for key documents such as
Memorandum of Association (MOA) and Articles or Association (AOA) and required
policies. Providing improper or incorrect information may lead to delay or
rejection of application, thereby providing a break or pause on your
entrepreneurial dream.
Not seeking professional assistance
The majority of entrepreneurs are not aware of the rules and regulations that
need to be fulfilled when starting a business. Navigating these rules can be
done easily by seeking professional assistance. However, many such entrepreneurs
feel that it's so expensive paying for professional assistance; it is one of the
biggest mistakes that entrepreneurs often make. Hiring a professional
expert/company for incorporation of your business can turn out to be an
investment as you can focus on the business peacefully while letting an
incorporation professional ease your incorporation and other essential
registrations.
The aforementioned points must be kept in mind and be avoided while
incorporating a business unit. Do consider these points before incorporation of
your startup and giving it legal validity.
Conclusion
Giving your business a legal entity is a crucial step in this dynamic startup
ecosystem in India. Before a business registration, delving into the DONTs is as
crucial as DOs, ensuring a hassle-free company incorporation in India by
lowering chances of application rejection. Staying updated and aware of these
common mistakes often made by entrepreneurs can help you keeping them at bay and
getting your business registration done in a quicker manner.
About Company
Setindiabiz is a techno-legal company in India dedicated to providing compliance
and regulatory services for startups and other businesses. With its team of
professionals specializing in company registration in India, it offers business
registration services in India quickly and hassle-free. Since it has vast
experience in this segment, it is well-versed in company registration mistakes
to avoid while registering a company. Avoiding company registration mistakes
helps you register your company efficiently within a short time span. If you are
looking for a professional or company to help you register your business without
mistakes, contact Setindiabiz today!
Law Article in India
You May Like
Please Drop Your Comments