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Legal Structure of Company in India

In India incorporation of company is governed as per the Provisions of Companies Act 2013 and authority approving the company registration is Registrar of Companies.

In India Company existence can be in the form of Private limited or Public limited

Legal Parameters

  Private Limited
Public limited
Minimum authorized capital required
RS 100,000
Rs 500,000
Registered Office
Must be in India
Must be in India
Minimum and Maximum Number of  Share holder
Minimum 2 and Maximum 200
Minimum 7 and Maximum No limit
Minimum and maximum no of Directors
Minimum 2 And Maximum 15
Minimum 3 and Maximum 15
Foreign Investment
Yes as per the FDI policy **
Yes as per the FDI policy **
Corporate Taxation rate (for upto Rs. 10 crore income)
33.063%
33.063%
(However, from AY 2017-18, basic tax rate is 29% if turnover does not exceed Rs. 5 crore.)
Audit requirement
Yes Yearly
Yes Yearly
Filing of Financial Statements with the Registrar Of Companies
Yes Yearly
Yes Yearly
Acceptance of deposits
No
No
Restriction On transfer Of shares
Yes
No
Board Meeting
Once in Every Qtr
Once in Every Qtr
Annual General Meeting (Shareholders)
Once in a Year
Once In a Year

**Foreign Direct Investment (FDI) in any form is prohibited in any Indian entity, whether incorporated or not, which is engaged or proposes to engage in the following activities:

  1. Lottery Business including Government/private lottery, online lotteries, etc.
  2. Gambling and Betting including casinos etc.
  3. Business of chit fund.
  4. Nidhi company.
  5. Trading in Transferable Development Rights (TDRs).
  6. Real estate business (However, FDI is permitted in development of townships, construction of residential/commercial premises, roads or bridges educational institutions, recreational facilities, city and regional level infrastructure, townships), or construction of farm houses
  7. Manufacturing of Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes
  8. Activities / sectors not open to private sector investment e.g. Atomic Energy and Railway Transport (other than Mass Rapid Transport Systems).
 
 
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