Choose the form before it is expensive to change.

Incorporation is the easy half. The half that decides whether it was the right choice is what the form obliges you to do every year afterwards — and that is worth knowing on the way in.

What is handled

Setting the business up in the right form, and keeping the register behind it correct afterwards.

✓Private limited company and OPC incorporation
✓LLP and partnership registration, and partnership deeds
✓Annual ROC filings — AOC-4, MGT-7, DIR-3 KYC
✓Changes in directors, shareholding, registered office and objects
✓Statutory registers and minutes
✓Udyam, Shop & Establishment, professional tax, import-export code
✓Trust and society registration

The four forms, with what each costs you.

Every one of these is the right answer for some business. None of them is the right answer for all of them, and the deciding factor is usually liability, funding and how many people are involved — not tax.

Proprietorship

For: Nothing to incorporate. The simplest to start and the cheapest to run.Against: No separation between you and the business — its liabilities are yours. Harder to bring in a partner or an investor later.

Partnership

For: Easy to form, and a registered deed settles what people usually fall out about: shares, drawings, and what happens when one leaves.Against: Partners are liable jointly and severally. An unregistered firm cannot sue to enforce its contracts.

LLP

For: Limited liability with lighter compliance than a company, and no dividend mechanics to think about.Against: Annual ROC filings whether or not you traded. Less familiar to some lenders than a company.

Private limited company

For: Limited liability, a share structure investors and lenders understand, and continuity independent of its members.Against: The heaviest compliance of the four — statutory audit regardless of size, board and general meetings, registers, and annual filings with dates of their own.

Afterwards is the part that gets forgotten.

A company or LLP that never traded still has annual filings, and the penalty for missing them accrues per day without anybody writing to say so. Directors have their own KYC obligation. Registers and minutes have to exist before they are asked for, not be written when they are. Changes — a director, the shareholding, the registered office, the objects — each have their own form and their own window measured in days, not months.

None of this is difficult. All of it is dated, which is why it sits on the same diary as the tax and GST work rather than in a separate one.

General information, not advice. Incorporation requirements, filing forms and penalty rates under the Companies Act and the LLP Act change, and small-company and OPC exemptions have been revised more than once.

Say what the business will actually do.

Who is involved, whether outside money is likely, and what you will be selling to whom — those three answers usually settle the form in one conversation.

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