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Company incorporation in Delhi

Company incorporation in Delhi

Company incorporation in Delhi is easy and hassle-free. Following are the forms of company that can be registered in Delhi.:

Proprietorship

A 'sole proprietorship' or simply known as 'proprietorship', is a form of business entity owned, controlled and managed by one natural person There is no legal distinction between the owner and the business. The owner is solely responsible for the functions of his business and the liability therein is unlimited.

It is the most simple and common form of business- the local kiryana/grocery shops in our locality, general stores, small cafes and restaurants (solely owned by a single person), handlooms and all the small shops we see around us are nothing but, sole proprietorship.

Partnership

Partnership firm is an old form of business constitution wherein, two or more persons get associated to do business activity for profits. In this constitution, profits and losses are shared on an agreed ratio as defined in the partnership agreement. Partners are personally liable in this old form of business constitution, but in the new era, Limited Liability Partnership firms are preferred wherein, the liability of a partner is limited to the amount of commitment to the business.

The registering a partnership firm in India is being carried under the section 58 of the Indian Partnership Act by filing an application with Registrar office of company registration in the same state where the company's head office is situated. There are several points that one needs to follow if one wants to apply for the certificate of partnership firm registration.

One Person Company

In India there were no separate provisions for OPC under the Companies Act, 1956, according to which a minimum of two members were required to form a private company. Thus, a single-member company could not continue as a registered company, and this became a hindrance to operate the business as a 'private limited company', and thereby opting for 'sole proprietorship' firm, which has major drawbacks, such as not creating separate legal entity and having unlimited liability. OPC is a legitimate way to form a company with one person; it would work as sole proprietor and can avail the status of the registered company with limited liability.

Limited Liability Partnerships

Limited Liability Partnerships (LLPs) are one of the highly preferred categories of business entity in almost all economic sectors of the countries worldwide. LLPs were introduced in India through the Limited Liability Partnerships Act, 2008. The main advantage of LLP is ease of maintenance while at the same time providing limited liability to the owners. Like Private/Public Limited Companies, this form of business constitution also provides an advantage of limited liability but at the same time the control of a Partnership firm is hindered to some extent. Therefore, LLPs are considered as unique form of entities which integrate the features of both limited companies and traditional partnership firms. Due to their hybrid structure, LLPs are suitable for small to medium-sized business or professional enterprises. The only disadvantage of LLP is in rising of capital or attracting and retaining talent by way of issuing Employee Stock Ownership Plans (ESOPs).

Private Limited Company

A Private Limited Company is a voluntary association registered under the Companies Act, 2013 or any other previous company law. A Private Limited Company is the best option if you are planning it bigger. Earlier, required minimum paid-up capital was 1 Lakh for the formation of a Private Limited Company, but as per the 2015 amendment to the Companies Act, 2013, no minimum paid-up capital is required. Now it is more convenient for a businessman to start a Private Limited Company. It is the most preferable form of company amongst entrepreneurs. Not just incorporation of a private limited company requires the compliance with various laws, but also after its incorporation the compliance work is of utmost importance.

Public Limited Company

Public Limited Companies are formed wherein, directly or indirectly number of members is more than fifty or public money is involved. Minimum number of members in Public Limited Company is seven and there is no cap on the maximum number of members. Public Limited Company being a separate legal entity has most of the characteristics of a Private Limited Company other than ease of transfer of shareholding by its member.

NGO - Trust/ Society

NGO is an organization constituted through legal means, operated by legal person who work apart from government, apparently if NGOs are funded through government but it is barred from participating as to secure its non-governmental status. In India NGO can be register as a trust, society or a private limited non-profit Company. Individuals involved with NGO generally serve in fiduciary capacity and are committed towards broadcasting information. An NGO can be registered as Trust or Society.

Section-8 Company

Section 8 of Companies Act, 2013 (sec 25 of Companies Act, 1956) deals with formation of Company with charitable objectives, a limited liability company established for promoting of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object, provided with no profit is required to be registered. Main instrument for registration is Memorandum Of Association and Articles Of Association.

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