The most thrilling thing to an entrepreneur is to kick-start a business. The most beneficial company with limited liability that is highly acceptable by individuals and corporations in India is a Private Limited Company (PLC). Nevertheless, the process of registering a company, which is easy in theory, may prove very hard to manage in the long run, if not taken correctly. At Starters’ CFO, we tend to help startups and other emerging businesses that fail because of mishaps they have committed during the initial registration process.
In the present blog, we are going to look at some of the most frequent errors that are created when operating a Private Limited Company and how one can prevent them in order to ensure that his or her business foundation is firm, legal, and ready to expand.
Naming your company remains one of the very first decisions, but more importantly, one of the most critical decisions. Name selection by first-time founders is not as rigorous as it ought to be, and it is easy to select names without undertaking due diligence on name availability and trademark infringements. The name may be used or already similar to a registered entity; thus, causing legal objections, and subsequent demand for change despite incorporation.
Also, not selecting a name that matches your brand or choosing a name that cannot be easily recalled will be detrimental to later marketing campaigns. When you need to build a site, it is critical to check the domain name with the registrar in their portal and also make sure of the availability of the name. Legally available, brand-applicable, and web-friendly name offers a good launch to your company.
In the Memorandum of Association, the objectives of your company should be clearly stated. Most people, in the case of ownership of a business, leave this too much undefined or exercise activities that are not relevant to future operations. This possibly means problems once you attempt to raise finances, license or add to your services.
In writing this section, Starters’ CFO recommends that the clients consider not only the present offerings but also how they will scale in the future. Getting the right terms at the beginning prevents the administrative and checks and balances of the amendment clause later on in the law.
The other common error is having false information of directors or shareholders, more so poor spelling of names, false identification numbers or structure of shareholding. These appear to be small mistakes, yet they may cause considerable problems with regulatory filings, compliance reports, and even banking activities.
In addition, by appointing unqualified or non-compliant individuals to the position of the director, the eligibility of the company to take part in any scheme or receive funding can be jeopardised. As long as your company is in good standing, having all the directors who fulfil the legal requirements of the directors, and their specifications are well defined, your company will be out of a fix.
The other error that is often noted to be made in the issues relating to the registration of companies is the erroneous statement of share equity. The founders tend to underestimate future fundraising sessions, so it becomes a problem to attract investors or new partners. Conversely, overselling shares can result in taxation problems as well as unwarranted dilution of ownership.
Deciding on the authorised and paid-up capital is also essential, and you need to know how this is going to influence your ownership structure and future. Starters’ CFO clarifies the process of maintaining flexibility together with control regarding share allocation.
This is only the first step of registering your company. Most entrepreneurs have a misconception that after the registration is completed, compliance can be relegated to the back burner. Nevertheless, compliance after the registration is equally crucial.
Failure to submit annual returns, annual accounts, or board resolutions would result in the imposition of a penalty or, worse still, the striking off of your company. It is necessary to know about long-term legal requirements like the second name registration of taxes, selection of auditors, or obtaining a tax-compliant bank account.
A registered office in your company should be a valid address that will enable the state to communicate with you. Others include the temporary or sharing offices without the corresponding access or legal entitlement to the address.
When you move and fail to inform the address, you end up missing letters containing information that the regulatory organisations have sent to you, tax notices, or even a lawsuit. The chief financial officer of Starters insists on adopting a professional registered address so as to increase reliability and compliance.
Most of the emerging companies fail to appreciate documentation. The inability to prepare or retain some key documents, such as board resolutions, shareholder agreements, or the Articles of Association, may lead to internal disputes or legal issues that can arise in the future.
Ownership rights, decision-making authority and dispute resolutions are all well structured and clear in a documentation process. It also establishes credibility among investors, lenders, as well as other stakeholders.
Delaying GST registration is something that some businesses end up doing, as they assume that they will not achieve the turnover threshold. Nevertheless, registering at the early stages will enable you to take input tax credits and will make you look more credible in the eyes of clients. Starters’ CFO assists MSMEs/Startups to establish all the tax registrations that can be done during and after the company setup.
A Private Limited Company is an appropriate choice for the majority of startups, yet only in cases where a business model, the needs of investors, and long-term perspectives follow this type. To some founders, PLC is registered just because it sounds more official, without grasping the full implication of what they are doing.
An example is that with PLCs, great norms of compliance, disclosure, and control are reduced as opposed to less complex business structures such as sole proprietorships or LLPs. Before selecting a business structure, it is important to consult a professional to ensure that you are not restructuring in future at a very high cost.
Probably the most expensive of them all is the attempt to figure out the process of company registration on their own. It seems easy when it is printed online at a registration portal, yet a single regulation, clause, or document has been skipped, which translates into significant operational and legal issues in the future.
Professional advisory businesses like CFO services of the starter not only facilitate an easy registration process, but also prepare you with after-incorporation services, like accounting, tax governance, and business planning. This assistance makes your business legally effective, financially stable and open to growth.
Incorporating a Private Limited Company is your first step together with business, and it is important to do it right. By being vigilant of the errors to avoid, such as naming your business wrong, submitting wrong details, and non-compliance, you would save yourself time, legal issues, and structural inefficiency.
Thanks to the professional assistance of the Starters’ CFO, the entrepreneurs and the MSMEs will not feel worried about losing a single detail of the attempt anymore, as all the nuances will be taken care of in a careful and thought-provoking manner. The positive registration predetermines long-term business development, investor confidence, and efficiency of the operations.
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