The process of filing and registering various entities and intellectual property rights in India is governed by different statutes and authorities, primarily through the Ministry of Corporate Affairs (MCA), Income Tax Department, Intellectual Property Office, and other state-level authorities.
Private Limited Company
Public Limited Company
One Person Company (OPC)
LLP Registration
Directors or designated partners must obtain a DSC from a recognized authority.
Obtain a DIN through the SPICe form for company registration or DIR-3 for LLPs and Partnerships.
Secure a unique name using MCA’s RUN or RUN-LLP service, ensuring compliance with MCA's naming guidelines.
Complete the SPICe+ form for companies and FiLLiP for LLPs, which also includes PAN and TAN applications.
Draft and file the MoA and AoA outlining the company’s objectives, regulations, and operational structure.
After approval, the RoC issues a Certificate of Incorporation, making the entity legally operational.
Start-ups can register on the “Startup India portal” to gain tax exemptions, intellectual property assistance, and government incentives.
1. Application on GST Portal: Visit the GST portal and complete the online registration form (GST REG-01).
2. Submit Required Documents: Submit the following documents:
• Business PAN
• Proof of business address
• Identity proofs of proprietors, directors, or partners
3. Verification and Approval: After document verification, a GSTIN (Goods and Services Tax Identification Number) is issued.
4. GST Compliance: Registered entities are required to file monthly, quarterly, or annual GST returns depending on turnover.
Trademark registration provides legal protection for brand names, logos, or slogans.
1. Trademark Search: Conduct a trademark search on the Indian Intellectual Property Office (IPO) website to check for existing marks.
2. Filing Application (TM-A): Submit a trademark application in TM-A form online or at a Trademark Registry office. Include details of the logo/mark, class of goods/services, and applicant information.
3. Examination and Publication: The IPO examines the mark, and if approved, it’s published in the Trademark Journal for public objections.
4. Issuance of Trademark Registration Certificate: If no objections are raised within four months of publication, the IPO issues a Trademark Registration Certificate, granting the applicant exclusive rights to use the mark.
Copyright protects original works, such as literature, music, software, and visual art.
1. Filing of Application: Complete and submit Form XIV, along with required details and documentation, on the Copyright Office’s online portal.
2. Examination and Publication: The application undergoes scrutiny, and any objections are addressed. If approved, it is published in the Copyright Journal.
3. Issuance of Certificate: After publication and resolution of any objections, the Copyright Office issues a Copyright Registration Certificate.
Patent registration grants exclusive rights to inventions, protecting them from unauthorized use.
1. Patent Search: Conduct a patent search on the Indian Patent Office website to ensure the invention is unique.
2. Filing of Patent Application: File Form 1 (Application for Grant of Patent), along with Form 2 (Specification), on the Patent Office website or at the physical office.
3. Publication and Examination: After 18 months, the application is published. The applicant can request an early examination (Form 18) to expedite the process.
4. Grant of Patent: If the Patent Office finds the invention eligible after examination, a Patent Certificate is issued, granting the applicant exclusive rights.
Partnership registration is optional but highly recommended for legal security.
1. Draft Partnership Deed: Draft a partnership deed with details such as the firm’s name, partner details, profit-sharing ratio, and terms.
2. Submit Application to Registrar of Firms: Submit the notarized partnership deed, application, and fees to the Registrar of Firms of the respective state.
3. Issuance of Registration Certificate: Upon approval, the Registrar issues a Certificate of Registration.
Marriage registration can be completed under the Hindu Marriage Act, 1955, or Special Marriage Act, 1954.
1. Marriage Application Form: Complete the marriage registration form online on the respective state government portal.
2. Submit Required Documents: Submit identity proofs, passport-size photographs, address proofs, and a marriage invitation card, if applicable.
3. Verification and Certificate Issuance: The Registrar verifies the details and may conduct a physical verification. The Marriage Certificate is issued upon approval.
Start-ups can apply through the Start-Up India portal to receive benefits like tax exemptions and government support.
Start-ups and new entities should protect IP assets by registering trademarks, patents, and copyrights to avoid infringement.
All entities must maintain regular filings, such as annual returns, financial statements, GST returns, and tax returns.
Filing and registration of entities, intellectual property, and marriages in India are essential for legal compliance and operational security. Each type of filing has specific steps, documentation, and legal requirements, and adhering to these procedures ensures the legitimacy and protection of the entities involved. For detailed assistance, contact and connect with the Advonet to consult with experts of legal and compliance professionals to ensure proper filings.
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