Check Company or
LLP Name Availability
Quick Contact
Documents Required
- Pan Card
- Aadhaar Card
- Passport
- Driving License
- Name Significance Letter
Check Company or LLP Name Availability
Check Company or LLP Name Availability is the process of verifying if a proposed name for a company or Limited Liability Partnership (LLP) is available and not already in use by another registered entity. This step is crucial for ensuring that the name you wish to use is unique and complies with regulatory requirements.
How It Works:
Search for Name Availability:
- Online Portals: Use official online portals such as the Ministry of Corporate Affairs (MCA) website in India to search for name availability.
- Name Reservation: Check if the name is already taken by entering the proposed name into the search tool provided on these portals.
Criteria for Availability:
- Uniqueness: The name must not be identical or too similar to existing company or LLP names.
- Regulatory Compliance: The name must comply with naming guidelines and regulations set by the regulatory authority, such as the MCA in India.
- Prohibited Words: Avoid using prohibited or restricted words that might require special approval or are not allowed.
Reservation Process:
- If the name is available, you can usually reserve it by applying through the portal, which involves submitting a formal application and paying a fee.
- The name reservation is valid for a specific period, during which you can proceed with the registration of your company or LLP.
Rejected Names:
- If the name is already taken or does not meet the criteria, you will need to choose an alternative name and repeat the process.
Importance:
- Legal Compliance: Ensures that the proposed name adheres to legal requirements and avoids conflicts with existing entities.
- Brand Identity: Helps establish a unique and distinguishable brand identity in the market.
- Avoid Legal Issues: Prevents potential legal disputes and issues related to trademark infringement or name similarity.
Documents for LLP Company Registration:
DIN for Designated Partners:Similar to dire ctors in a company, designated partners need DIN.
Digital Signature Certificate (DSC): Required for online submission of LLP documents.
Registered Office Proof: Address proof of the LLP’s registered office (e.g., lease agreement, utility bill).
KYC Documents of DesignatedPartners: Identity and address proofs of all designated partners (e.g., PAN card, Aadhaar card).
Consent from Designated Partners: Written consent from designated partners to act in their respective roles.
Partnership Deed: Agreement among partners outlining the LLP’s operations, profit-sharing, and other essential terms.
NOC from Property Owner: If the office space is rented, a No Objection Certificate from the landlord.
Bank Statement: Proof of initial capital deposit and financial stability.
Proprietorship vs Limited Liability Partnership (LLP) vs Company
| Features | Proprietorship | Partnership | LLP | Company |
|---|---|---|---|---|
| Definition | Unregistered type of business entity managed by one single person | A formal agreement between two or more parties to manage and operate a business | A Limited Liability Partnership is a hybrid combination having features similar to a partnership firm and liabilities similar to a company. | Registered type of entity with limited liability to the owners and shareholders |
| Ownership | For One Person Company | |||
| Registration Time | 7-9 working days | |||
| Promoter Liability | Unlimited Liability | Limited Liability | ||
| Documentation | ||||
| Governance | – | Under Partnership Act | LLP Act, 2008 | Under Companies Act,2013 |
| Transferability | Non Transferable | Transferable if registered under ROF | Transferable | |
| Compliance Requirements | Know More | |||
One Person Company (OPC) Registration FAQs
Q: What is an OPC, and how does it differ from other business structures?
A: An OPC, or One Person Company, is a unique business structure in India that allows a single individual to operate as a company, combining the advantages of a sole proprietorship with the legal protection of a private limited company.
Q: When was the concept of OPC introduced in India?
A: The concept of OPC was introduced under the Companies Act of 2013.
Q: What is the primary objective of OPC registration?
A: The primary objective of OPC registration is to promote entrepreneurship and encourage the formalization of Micro, Small, and Medium Enterprises (MSMEs).
Q: What are the eligibility criteria for OPC registration?
A: To register an OPC, you must be a natural person and an Indian citizen, resident in India for at least 182 days during the previous calendar year. The OPC must have a minimum authorized capital of Rs 1,00,000, and a nominee must be appointed.
Q: Can an OPC engage in financial activities like banking or insurance?
A: No, an OPC cannot engage in financial activities like banking, insurance, or investments.
Q: What happens if the OPCs paid-up share capital exceeds 50 lakhs or its annual turnover exceeds 2 Crores?
A: In such cases, the OPC must be converted into a private limited company to comply with regulatory requirements.
Q: How many OPCs can an individual establish?
A: An individual can establish only one OPC.
Q: Can an OPC have a minor as its member?
A: No, an OPC cannot have a minor as its member.
Q: What are the advantages of registering an OPC?
A: Advantages include limited liability, easy fundraising, reduced compliance, simple incorporation, efficient management, and perpetual succession.
Q: Are there any disadvantages to registering an OPC?
A: Yes, disadvantages include suitability primarily for small businesses, restrictions on certain activities, and a potential lack of clear distinction between ownership and management.
Q: What is the registration process for an OPC in India?
A: OPC registration is done through the SPICe+ form, involving obtaining a Digital Signature Certificate (DSC), Director Identification Number (DIN), name reservation, preparation of MOA and AOA, filing forms, and obtaining a Certificate of Incorporation.
Q: What documents are required for OPC registration?
A: Required documents include MOA, AOA, nominees consent, proof of registered office, declarations, and a compliance certificate.
Q: What is the significance of obtaining a Digital Signature Certificate (DSC)?
A: A DSC is used for electronically signing documents during the registration process.
Q: What is a Director Identification Number (DIN), and why is it required?
A: A DIN is a unique identification number for directors, and its required for legal compliance and governance.
Q: How is the registered office address determined for an OPC?
A: The registered office address should be decided and declared during the registration process.
Q: What is the role of a nominee in an OPC?
A: A nominee is appointed to take over the OPC in the event of the director’s death or incapacity.
Q: What is the Certificate of Incorporation, and when is it issued?
A: The Certificate of Incorporation is an official document issued by the ROC after approval, signifying the successful registration of an OPC.
Q: Why should I choose SS Memane & Company for OPC registration?
A: SS Memane & Company offers expert guidance, simplifies the registration process, ensures compliance, and provides dedicated support to make OPC registration hassle-free.
Q: What are the post-incorporation formalities for an OPC?
A: Post-incorporation formalities may include filing a notice regarding the registered office within 30 days after incorporation.
Q: How can SS Memane & Company assist with post-incorporation formalities for OPCs?
A: SS Memane & Company’s experts are ready to assist in fulfilling OPC compliance requirements, ensuring your business remains in full legal compliance.
Our happy clients say about us
Starting my business as a sole proprietorship was made incredibly easy with the guidance and support from SS Memane . Their team provided clear instructions and assistance throughout the process, making it seamless and stress-free. Highly recommended.
I couldn't be happier with the service provided by SS Memane for my sole proprietorship registration. They were efficient, professional, and knowledgeable, ensuring that everything was done correctly and promptly. Thank you for your excellent support!
SS Memane exceeded my expectations with their exceptional service for my proprietorship registration. From start to finish, they were responsive, thorough, and dedicated to ensuring a smooth process. I'm grateful for their expertise and would definitely choose them again!
- Copyright 2024 © SS Memane || Designed By || Mr. Sunil Memane