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AmitK (Student)     31 December 2009

Running firm without registering it

Dear Experts,

Can anyone start a software business with 3-4 employees without registering it as a company / firm?

If yes, can founder accept payment via cheque in his favor?



Learning

 10 Replies

Suchitra. S (Advocate)     01 January 2010

It is mandatory to register a company / firm. Nobody will purchase your product if there is registration. And you will also be penalised if you are carrying out business without registration.

Suchitra. S (Advocate)     01 January 2010

And also, you cannot sue or be sued as there is no existence of the same in the eyes of law.

A V Vishal (Advocate)     01 January 2010

IF THE INTENDED FIRM IS PROPRIETORSHIP, THERE IS NO REQUIREMENT OF ANY REGISTERATION EXCEPT OBTAINING A VALID TRADE LICENSE FROM THE MUNICIPAL AUTHORITIES. THE ANSWER TO THE SECOND PART IS AFFIRMATIVE.

Devajyoti Barman (Advocate)     01 January 2010

Only formation of a Company needs Registration. Even a partnership firm can legally run its business without Registering it.

The founder can accept the payment via cheque in his favour but if it is basically a partnership firm then he is liable to divide the payment amongst its partners.

Deepak Kumar Vasudevan ((Confidential))     01 January 2010

Is there a way to check the registration of a company in MCA (Ministry of Corporate Affairs) website?

A V Vishal (Advocate)     01 January 2010

Gundlapallis (Advocate)     01 January 2010

If you wish to carryout your business as a proprietory concern or as a partnership firm the option is with you whether to go for registration or not.  But if you need to operate as a company registration is a must.  There is no bar for the owner (founder in your words) to accept receipts or make payments through cheques.  Than the unregistered, the registered firms or business concerns enjoy public trust and make good business comparitively.   

AmitK (Student)     01 January 2010

Thanks dear experts.

Parveen Kr. Aggarwal (Advocate)     01 January 2010

Any business concern requires registration under different legislations. So far as form of constitution of a business concern is concerned, only a company (whether be a private limited or a public company company) is required to be compulsorily registered. Neither a proprietorship concern nor a partnership firms requires compulsory registration for running a business. However, a business concern may require registration under other legislations such as under labour laws, municipal laws or other laws regulating other aspects.

CA Pradeep Jain (Director)     03 January 2010

to do any business as sole proprietor, as ENTITY registration is not compulsory but under sales or excise/ service tax laws it's required to get registered with a specific banner name proprietor can accept the payment via cheque in his favour

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