Episode 10: Options and legalities to consider while setting up your Organisation
Welcome to another episode of Her Business is Our Business where we Gayathri and Aparna look at Women Entrepreneurship beyond funding – sharing expertise, experiences and tools to grow your business.
In this episode, I, Gayatri speak to Rani NR, a practising Chartered Accountant based out of Bangalore. We discuss all the important points to consider and focus on while planning a business or setting up your organisation.
Starting from the various entity format options available, criteria to choose the right entity format, compliance, rule and mandates under each entity to how to maintain books of accounts and the contents of a partnership deed, this episode covers everything you need to know.
If you are looking to start a business, listen on!
Key points of discussion:
The various forms of business entity available:
1) Proprietorship concern
Stated by just one person
No one will share responsibilities
No restriction on the name
Not mandatory to have a trademarked name
PAN number of the person is the pan number of the company
2) Partnership firm
Can be started by two people of more (2-20)
Shared responsibility
Shared profits and losses
Requires a PAN number
Requires a registered name
3) Limited liability partnership
All conditions and statutory compliances are similar to the partnership concern
Registered under the Ministry of corporate affairs
Liabilities are limited to what is committed in the partnership agreement
A person who claims the liability cannot go beyond the commitment of the capital as per the agreement. This is the biggest advantage of this format.
4) Private Limited Company
Shared capital
Compliances, rules and regulations are more while compared to the LLP format
Will not be allowed to borrow capital from others outside the company
High Compliance cost
Choose Partnership or Proprietorship while experimenting
LLP is a good option for a business where you are required to maintain a very formal relationship with both the partners and customers
If you have an existing successful concept and require external funding such as investors or Foreign investments, opt for Private limited entity format.
Many Government schemes are available such as Start-Up India and DIIP that entrepreneurs of today can explore
A partnership deed should contain a few mandatory clauses such as:
Start date of the business
The objectives
Name of the firm
Name of the partners
Profit & Loss share percentage
Maintenance of the books of accounts
Authorized signatory
Clauses good to have in the deed:
Roles played by each partner in the business
Arbitration clause
Remuneration clause
*The points mentioned in this episode are thinking points only. We urge you to contact a professional for advice.
