At Go By Law Office, we offer comprehensive legal consulting services tailored for businesses under Indian Company Law, assisting you with company formation, governance compliance, and effective dispute resolution. Our mission is to empower startups, SMEs, and established companies to operate efficiently, stay compliant with regulations, and protect their commercial interests through robust business agreements.
Understanding the various types of company structures available in India is important for business planning and compliance. Each form is designed to suit specific operational, regulatory, and growth needs.
Private Limited Company (Pvt Ltd):
- Suitable for small and medium enterprises.
- Requires a minimum of two shareholders and two directors.
- Liability is limited to company assets.
- Shares are not freely transferable.
- Separate legal entity with perpetual succession.
Limited Liability Partnership (LLP):
- Combines partnership flexibility with limited liability.
- Requires at least two partners.
- Partners’ liability is restricted to their contributions.
- Separate legal entity with perpetual succession.
One Person Company (OPC):
- Formed with a single shareholder and director.
- Provides limited liability and a distinct corporate identity.
- Intended for individual entrepreneurs.
Partnership Firm and Sole Proprietorship:
- Easy setup and operation.
- Flexible management and agreements.
- Unlimited liability; no legal separation between business and owner.
- Common choices for small, traditional businesses.
Public Limited Company:
- Designed for larger enterprises intending to raise public capital.
- Requires at least seven shareholders and three directors.
- Shares can be freely transferred.
- Subject to stricter compliance requirements.
Section 8 Company:
- For charitable or non-profit purposes.
- Income must be used only to promote the company’s aims.
- Tax and compliance benefits available.
Each of these company structures has unique advantages and legal implications in India, and selection depends on business objectives and regulatory preferences.
Annual filing, board meeting documentation, and maintenance of statutory registers are essential for effective governance compliance.
We specialize in drafting and reviewing directors’ resolutions, minutes, and business agreements to ensure clarity and legal soundness.
Our team ensures timely compliance with the Companies Act, FEMA, and RBI regulations, providing guidance on secretarial best practices and minimizing legal risks.
Additionally, we offer expert legal consulting and support in dispute resolution to safeguard your company formation.
We specialize in the preparation and review of various business agreements, including vendor and client contracts, partnership contracts, non-disclosure agreements (NDAs), service level agreements (SLAs), and franchise contracts.
Our legal consulting services include customization to meet the unique requirements of your sector and transaction, ensuring compliance with governance standards.
We also focus on risk identification and dispute resolution strategies to mitigate future conflicts or bad debts.
Our legal consulting services specialize in structuring sales processes, defining payment terms, and establishing credit policies within the framework of business agreements.
We implement preventive controls to minimize bad debts and contractual defaults, ensuring governance compliance.
Additionally, we draft contracts that support secure transactions, including provisions for advance payments, milestone payments, and dispute resolution in case of defaults.
We handle demand notices and negotiation for long-term pending payments while ensuring compliance with business agreements.
Our representation in recovery proceedings under the Negotiable Instruments Act, SARFAESI Act, and MSME Act, includes support in commercial courts.
Additionally, we specialize in dispute resolution through arbitration, mediation, and settlement for commercial disputes, all while providing comprehensive legal consulting for effective governance compliance.
1. What is company law and what does it regulate?
Company law addresses the creation, administration, and dissolution of companies and LLPs. It specifies procedures for incorporation, managerial appointments, regulatory filings, and winding up.
2. What types of companies exist under Indian company law?
Company structures include private limited companies, public limited companies, limited liability partnerships (LLPs), and one-person companies, each governed by distinct rules and compliance obligations.
3. Which documents are fundamental to company incorporation?
Incorporation generally requires a Memorandum of Association (MOA), Articles of Association (AOA), Digital Signature Certificates (DSC), Director Identification Numbers (DIN), and documentary proof regarding the registered office and promoters’ identity.
4. What are common compliance filings for companies?
Companies must file annual returns, financial statements, and event-based filings such as changes to directors or capital structure with the Registrar of Companies.
5. What might be the effects of non-compliance?
Non-compliance can result in regulatory penalties, prosecution of company officers, disqualification, or removal of the company from the register.
6. How is due diligence performed in the corporate context?
Due diligence involves verifying a company’s operations, finances, legal status, and contracts, often preceding mergers, investments, or acquisitions.
7. What are the legal requirements regarding board meetings?
Companies are required to conduct board and shareholder meetings at prescribed intervals, maintain minutes, and record resolutions as per the Companies Act.
8. Can foreign nationals establish companies in India?
Foreign nationals or entities can establish companies subject to FEMA regulations and specific restrictions based on the business sector.
9. What mechanisms exist for resolving internal disputes?
Disputes are addressed via arbitration, mediation, or through proceedings before Company Law Tribunals and courts.
10. What are the steps for winding up a company?
Procedures include voluntary strike-off, liquidation, or tribunal-ordered winding up, with requirements for notice, settlement of liabilities, and regulatory filings.
Go By Law Office, CHENNAI, INDIA
79, First Cross Street, Mogappair West Garden, TNHB Phase 2, Chennai 600037
Office:- 044-26531112 Mobile: +91 9841111636
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