To be eligible under Start-up India Scheme, the Start-up must be registered as a Company Pvt ltd under the Companies Act, 2013 or Partnership Firm or LLP. We provide registration services, Compliance management and other services for better working of Start-up business.
Team JSRA provide you services for factory setup in state of India. We follow process from identifying location, key service providers/contractors, to get necessary approvals from government authority and departments and liaison with them.
Foreign Company Set up
Team JSRA with prepare strategy for your Indian business. Our services follow process to cover risks and necessary steps required to register and operate your entity (such as Liaison office (LO), Branch office (BO), Project Office (PO), Limited Liability Partnership (LLP), Wholly Owned Subsidiary (WOS) or a Joint Venture (JV’s) in India), in accordance with the applicable regulatory and foreign exchange requirements.
Setting up of Business in India
Planning to set up a business requires a detailed analysis of few of the below factors:
- Feasibility of the product/service in question
- Demand of the product/service in question
- Nature of establishment
- Ease of setting up
- Cost & time involved in set up
- Number of government approvals required to set up
- Tax Liability
- Post set up annual filings with the government
After carrying out the feasibility studies for the business idea and estimating the nature of demand, the key factor in setting up a business is the kind of establishment that is best suited as per the business requirements. The options available in India are:
- Company (Joint Venture or Wholly Owned Subsidiary) i.e. Public or Private
- Limited Liability Partnership (‘LLP’)
- Liaision Office (‘LO’)/Branch Office (‘BO’)/Project Office (‘PO’) for foreign investors
Every option has its own merits and set of applicable laws. The table below highlights their various aspects:
|Nature of Establishment/ Particulars||Company||LLP||LO/BO/PO|
|Governing law||Companies Act, 2013 along with applicable Rules||Limited Liability Partnership Act, 2008 along with applicable Rules||RBI Guidelines along with few applicable sections of the Companies Act, 2013|
|Minimum required Investment||No requirement||No requirement||Eligibility Criteria based on Net Worth of the parent company has to be met|
|Prior Set up Approvals required||Certificate of Incorporation and Certificate of Commencement of Business||Certificate of Incorporation||Prior approval of RBI|
|Expected time of set up|
|Number of Members||Min. – 2 & 7
Max. – 200 & unlimited
|Min 2 Partners||One Indian citizen to act as the Authorised Representative|
|Liability of Members/Partners||Limited||Limited||NA|
|Tax Liability||30% plus surcharge||30% plus surcharge & cess||LO – No Tax
BO – 40% plus surcharge & cess
PO – No Tax
|Annual Filing requirements||Annual Return, Balance Sheet and Profit & Loss Account statement with ROC||Annual statement of solvency & annual return with ROC||Annual Activity Certificate with AD Banks|
With respect to providing ease in doing business, India has been actively undertaking reforms in various areas like Starting a Business, Dealing with Construction Permits, Trading Across Borders and Resolving Insolvency.
As per the World Bank’s Ease of Doing Business (EODB) rankings 2020, India stands at 63rd position from rank 77 in 2019. Among the Indian states, Andhra Pradesh tops the list followed by Uttar Pradesh and Telangana at second and third position respectively.