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Website / Software Development Firm

(Querist) 30 April 2011 This query is : Resolved 
Hello,

I am a resident of Maharashtra State.

I want to start a Website / Software Development Company, which is NOT a Pvt. Ltd. but only carries a Name, for EX: ABC Technologies.

1. Is it possible or not ?
2. If it is possible, then in which Government Department I have to Register ?
3. What are the Documents Required to be furnished for Registration ?
4. Which Certificate / License is required to run the Company ?
5. Will it be Service Firm or Proprietary Firm ?
6. The Owner can be a Director or Proprietor?
7. Can I get the Service Tax / MVAT Registration Nos. ?
8. In future, can I convert this Firm into a Pvt. Ltd. Company ?

Anticipating your valuable reply.


Thanks,

Chandrakant Karmankar.
Guest (Expert) 01 May 2011
Reply to Q.1
Yes, it is possible. If the company is not a pvt limited, it can be a properietory or partnership firm.
Guest (Expert) 01 May 2011
Reply to Q.2:
The firm can be registered with the Registrar of Firms, provided the name is not already used by any other person.
Guest (Expert) 01 May 2011
Reply to Q.3 about documents

Partnership deed, if partnership firm, Identity proof, address proof of the properietor/partners, address proof with copy of rent deed or sales deed, if in self property.
Guest (Expert) 01 May 2011
Reply to Q.4

No license.
Guest (Expert) 01 May 2011
Reply to Q.5

Can be properietory or partnership firm, if not a company.
Guest (Expert) 01 May 2011
Ans to Q.6

The owner can be properietor only, if not a partnership firm or a company.
Guest (Expert) 01 May 2011
Reply to Q.7

You can get the Service Tax / MVAT Registration Nos in the name of the firm.
Guest (Expert) 01 May 2011
Reply to Q.8

Yes, you can convert this Firm into a Pvt. Ltd. Company any time after registering with the Registrar of Companies by filing Memorandum and Articles of Association with the Registrar.
Vinod Singh Tomar (Expert) 01 May 2011
Question wise perfect answers are given by Mr. Dhingra. Now it is up to you whether you want to remain in proprietorship / partnership / pvt. ltd. co.Each identity has its own merits and demerits for the purposes of taxation/ loan purpose/s and its expansion.
Guest (Expert) 01 May 2011
Vinod Singh has rightly pointed out about taxation. You will also have to apply for PAN No. in the name of the firm, besides your own personal PAN No., after the firm is established for the purpose of Income Tax.
Satyendra Kumar Pandey (Expert) 02 May 2011
Agreed with the view of learned Experts
Chandrakant Karmankar (Querist) 04 May 2011
Lots of thanks to Dhingra Sir for his much needed and valuable inputs.

Also many thanks to Vinod Sir and Satyendra Sir for thier expert views.

After searching lot for the answers, finally I have received them on this platform of Lawyers Club India. Now I can say this is the best platform where all the legal queries can be 100% solved.

Thanks,

Chandrakant.
G. ARAVINTHAN (Expert) 06 May 2011
Mr Dhingra is right


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