
Where founders actually get stuck
Starting a business in India is not hard because the rules are unknowable. It is hard because they are scattered, across departments, portals, forms and professionals who each hold one piece. A first-time founder does not know what they do not know.
So they choose a name that gets rejected. They pick a structure that costs them for years. They miss a registration nobody told them about. And often they are advised by someone paid on what they close rather than on what fits.
This guide sets out the whole path in order.
Step one: choosing a name that will actually be approved
Name rejection is the most common early delay, and it is almost entirely avoidable.
Why names get rejected
- Too similar to an existing company or LLP name
- Identical or deceptively similar to a registered trademark
- Contains words requiring prior approval, Bank, Insurance, National, Board, Federal and similar
- Generic or descriptive with no distinctive element
- Does not reflect the stated business objects
Before you file
- Search the MCA name database for existing companies and LLPs
- Search the trademark register, a free MCA name means nothing if it infringes a mark
- Prepare two to three alternatives in order of preference
- Check the domain and social handles while you are at it
Step two: choosing a structure
Six structures are commonly used in India. They differ in liability, cost, and what they allow you to do later.
| Structure | Best for | Annual cost |
|---|---|---|
| Sole Proprietorship | Testing an idea, solo trading | Nil |
| Partnership Firm | Two or more, informal, low risk | Minimal |
| LLP | Professionals, no funding plan | ₹10,000 – ₹20,000 |
| One Person Company | Solo founder needing liability protection | ₹15,000 – ₹25,000 |
| Private Limited Company | Raising investment, co-founders, ESOPs | ₹30,000 – ₹50,000 |
| Section 8 Company | Charitable and non-profit objects | Audit plus licence conditions |
This is the decision that costs the most to get wrong, and the one most often made on someone else's advice. Our detailed comparison covers it properly, including the cases where you should not register a company at all.
Step three: what every route requires
Whatever structure you choose, some things are constant:
- PAN and Aadhaar of every owner, partner or director
- Address proof, recent and matching the application exactly
- Proof of the registered or principal place of business
- A bank account in the business name
- Digital Signature Certificates, for any incorporated structure
For incorporated entities, DIN is allotted through SPICe+ and PAN and TAN are issued automatically, none of these carry a separate government charge.
Step four: what decides how long it takes
| Structure | What holds it up |
|---|---|
| Sole Proprietorship | Immediate, no incorporation step |
| Private Limited Company | Name availability, and a director without a digital signature |
| One Person Company | The same, plus the nominee's consent in Form INC-3 |
| LLP | The same, plus Form 3 and the stamped agreement after incorporation |
| Partnership Firm | Deed is quick; registrar timelines vary by state |
| Section 8 Company | The INC-12 licence, granted on the merits of the objects clause |
These assume clean paperwork. The single largest cause of delay is a document mismatch, a name that does not match PAN exactly, or an address that differs from its proof.
Step five: what it costs
Two figures matter, and founders usually only ask about the first.
To set up
| Item | Amount |
|---|---|
| Name reservation | ₹1,000 |
| State stamp duty | ₹200 – ₹12,600, varies by state |
| SPICe+ filing | Free for authorised capital up to ₹15 lakh |
| DIN, PAN, TAN | No separate charge |
To keep alive, every year
A private limited company costs ₹30,000 – ₹50,000 annually in audit, filings and professional fees, whether or not it trades. An LLP costs ₹10,000 – ₹20,000. A proprietorship costs nothing as a separate entity.
Step six: after the certificate arrives
Incorporation is the beginning of an obligation, not the end of a task.
- Open the bank account and deposit subscribed capital where applicable
- Obtain GST registration if your turnover or activity requires it
- Register for Shop & Establishment, Udyam, professional tax and any sector licences
- Appoint an auditor within the prescribed period, for companies
- Hold the first board meeting and maintain statutory registers
- Diarise every filing due date for the year ahead
Most first-year penalties are for missed deadlines, not for anything substantive. A calendar prevents nearly all of them.
What to be careful of
- Being sold a structure before anyone asked what your business does
- Quotes with a low headline price and charges that appear after you commit
- Being advised by a salesperson rather than a qualified professional
- Registering before you have a customer, a vendor, or anything being bought or sold
Questions founders ask before starting
Do I need to register anything before I can sell?
Not always. Many small businesses trade lawfully as a proprietorship with only the registrations their activity requires. Registration becomes necessary when liability, funding, or a specific legal obligation makes it necessary.
How much does starting a business in India cost?
A proprietorship can cost almost nothing. A private limited company is ₹9,999 in professional fees plus roughly ₹1,200 to ₹13,600 in government costs depending on your state, then ₹30,000 to ₹50,000 a year to maintain.
How long before I can start trading?
A proprietorship has nothing to incorporate, so it is the licences that take the time. An incorporated structure waits on three things: name availability, every director holding a digital signature, and an address proof the registrar accepts. We do not quote a number of days, because the two cases in ten that run long are the two nobody could have called at the start.
Can I change my business structure later?
Yes. Proprietorship to LLP or company, OPC to private limited, partnership to LLP. Conversion has cost and time attached, so choosing well now is worth the thought.
What is the most common mistake?
Choosing a structure heavier than the business needs, on the advice of someone paid to sell it. The second most common is a name that clears MCA but infringes a trademark.
Where to go next
This page is the overview. Each stage below has a guide of its own with the fees, forms, deadlines and the specific traps.
Choosing and registering
- Comparing the structures: private limited, LLP, OPC, proprietorship, partnership and Section 8
- Private limited registration: process, documents and fees
- LLP registration: process, the LLP Agreement and Form 3
- Registering a business in Hisar and across Haryana
Tax and GST
- GST registration, thresholds and the cases where turnover does not matter
- GST input tax credit and the four conditions
- How company profits are taxed, and the 22% and 15% concessional regimes
- TDS: rates, thresholds and the deposit calendar
Protecting the business
- Trademark registration: the process and the objection stage
- Copyright registration and what it does not cover
Staying compliant
- The annual compliance calendar for a private limited company
- LLP annual compliance: Form 11 and Form 8
- Udyam registration and the 45-day payment rule
The Checklist, In Order
Before You Register Anything
- Decide the structure. Liability and outside capital settle it faster than any comparison table.
- Run a trademark search on the name before you print anything or buy a domain.
- Check the domain and the social handles are available under the same name.
Registration
- Digital signatures for every director or partner
- Name reservation
- Incorporation filing, or the deed for a partnership
- PAN and TAN, allotted automatically for companies and LLPs
Within The First 30 Days
- Open the current account, which needs the incorporation certificate and PAN
- Appoint the first auditor, Form ADT-1, for a company
- File the LLP Agreement in Form 3, for an LLP, within 30 days
Within The First 180 Days
- INC-20A, declaration of commencement of business, for a company
- GST registration where the threshold or an activity trigger applies
- Udyam registration, free, and worth doing immediately
- Shop and Establishment registration for the premises
Ongoing, From Day One
- Books of account, maintained contemporaneously rather than reconstructed at year end
- TDS, where you pay contractors, rent, professional fees or salaries above the thresholds
- GST returns, monthly or quarterly, including nil returns
- A compliance calendar with the annual dates on it
Statutory figures on this page verified 4 August 2026.