Start-up is a business that has an association of person or a group of few people that manage to solve the problems related to such business.
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Start-up is a business that has an association of person or a group of few people that manage to solve the problems related to such business. Basically, the formation of such a start-up can be seen on the grounds when the founders of any existing company find the problems in the existing system of a company and intend to resolve such problems by creating a new company or entity of their own. Moreover, a Startup Company registration can be done when the founders of the company come up with a potentially great idea or they might come to the conclusion that the start-ups provides services currently exist in inferior or does not want to sustain it further.
Any company with the following features falls into the category of Startup and is also eligible to avail the benefits of DPIIT.
Company’s Date of Incorporation should not exceed 10 years.
Either your company is a Private Limited Company under the Companies Act, 2013 or is registered under Indian Partnership Act, 1932 as a Partnership Firm or is registered under the Limited Liability Partnership Act, 2008 as a Limited Liability Partnership Firm.
Business has less than 100 crores per year turnover.
The business should be new it must not be the result of split or restructure of an already existing business.
The startup should be working towards innovation or development of new products or services or is working in the direction of improvising an existing one.
Obtaining certificate from the Inter-Ministerial Board is essentially required; the Board is set up by the DIPP (Department of Industrial Policy and Promotion).
DPIIT registered companies can avail the following benefits provided under Startup India Registration Scheme:
With much easier compliance and an exit process for failed start-ups, legal support has also become feasible and smooth.
Exemption is provided on income Tax and Capital Gain Tax, apart from that funds are raised to infuse more capital into the start-up.
Developing number of incubators and innovative labs, events, competition and grants.
A mobile app and a website have been launched by the government of India for easy registration for all the startups. Any business can set up a startup by filling a simple form on the website and by uploading all the required documents. The entire registration process is completely online.
The Startups under the scheme are allowed to self-certify their compliance under 6 labour laws and 3 environmental laws. Such certification is allowed for a period of 5 years from the date of the incorporation of the entity.
The government has set up Rs. 10,000 crore rupees fund to provide it as venture capital to the start-ups. The guarantee is also given by the government to the lenders to encourage the banks and other financial institutions for providing with the venture capital.
A list of facilitators of trademarks and patents is provided by the government. It provides high-quality intellectual property right services including the fast examination of patents at the lower fees. The startup has to bear all the statutory fees and the government will bear all the facilitator fees. Therefore, the startup enjoys the 80% reduction in the cost of filing patents. Rendering 50% rebate on the trademark filing when compared with other companies.
The Startups can apply for government tenders. They are exempted from the criteria of "prior experience/turnover" which is applicable for other companies answering to the government tenders.
The Startups are exempted from income tax for 3 years provided that they get certification the Inter-Ministerial Board (IMB).
The people who are investing their capital gains in the venture funds which are set up by the government shall get exempted from capital gains. This allows the startups to attract more and more investors.
The startup India research and advocates innovation between those who project themselves as entrepreneur in the near future. The government is committed in establishing seven new research parks for the research and development of the products.
Startups which are also known as fast track firms can be winded up within 90 days (3 months) as against the 180 days for the other companies. Further, an appointment for insolvency professional shall be done for liquidating the assets and paying to the creditors. This shall be done within 6 months of filing an application to be allowed for such an exit.
Private Limited Company under Companies Act, 2013.
Limited Liability Partnership under the Limited Liability Partnership Act, 2008.
Partnership Firm under the Partnership Act, 1932.
The business turnover does not exceed 100 crores for any financial year since incorporation.
The business is working towards innovation, development, processes or improvement of products and services, or if it is a scalable business model with high ability for employment generation etc.
Any business will be termed a startup for 10 years from the due date of incorporation.
You must first incorporate your business as a Private Limited Company or a Partnership firm or a Limited Liability Partnership. You have to follow all the normal procedures for registration of any business like obtaining the Certificate of Incorporation/Partnership registration, PAN, and other required compliances.
Then the business must be registered as a startup. The entire process is simple and online. All you need to do is log on to the Startup India website and fill-up the form with details of your business.
The next step after creating the profile on the Startup India Website is to avail Department for Promotion of Industry and Internal Trade (DPIIT) Recognition.
Fill up the ‘Startup Recognition Form’ and submit the form
On applying you will immediately get a recognition number for your startup. The certificate of recognition will be issued after the examination of all your documents which is usually done in 2 days after submitting the details online.
Talk to our team about DPIIT recognition and the documents you will need.