• The Ministry of Corporate Affairs governs the legal requirements and procedures for registering a company or LLP in India. 
• The first step is to obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN). 
• The second step is to reserve a unique name for the company or LLP through the MCA portal. 
• The Memorandum and Articles of Association (MOA and AOA) or LLP agreement need to be drafted and submitted. 
• After filing the necessary documents and paying the fees, the ROC issues a Certificate of Incorporation or Registration. 

• As a CA firm providing company registration services, we understand the importance of proper documentation in the registration process. Here are the specific documentation requirements for registering a company or LLP in India: 
• Identity proof and address proof of all directors or partners: This can be a PAN card, passport, voter ID, or driver’s license, along with a recent bank statement or utility bill as address proof. 
• Digital Signature Certificates (DSCs): All directors or partners need to obtain DSCs, which are electronic signatures used for signing and filing documents online. 
• Director Identification Number (DIN): All directors need to obtain DINs, which are unique identification numbers assigned by the Ministry of Corporate Affairs. 
• Memorandum of Association (MOA) and Articles of Association (AOA): These documents define the company’s objectives, rules, and regulations. 
• LLP Agreement: For LLP registration, an LLP agreement needs to be drafted and signed by all partners, defining the terms and conditions of their partnership. 
• Address proof of the registered office: This can be a recent utility bill or lease agreement. 
• Form DIR-2: This is a declaration of consent and declaration by the first director. 

• Annual filings: All companies and LLPs in India are required to file annual returns with the Ministry of Corporate Affairs (MCA). The annual return includes details about the company or LLP’s financial statements, shareholdings, directors, and other key information. The deadline for filing the annual return is usually within 30 or 60 days of Annual General Meeting. 

• Tax filings: All businesses in India are required to file their income tax returns by 31 July of Assessment Year for individual and non-audit cases & 31st October for Companies. In addition, businesses must also file monthly or quarterly GST returns depending on their turnover. 

• Accounting and record-keeping: Companies and LLPs in India are required to maintain proper books of accounts and financial records in accordance with the Companies Act, 2013 and LLP Act, 2008. These records should be maintained for a period of at least 8 years. 

• Statutory audits: All companies and LLPs in India are required to undergo an annual statutory audit by a qualified Chartered Accountant. The audit should be completed within six months from the end of the financial year. 

• Compliance with labour laws: Companies and LLPs must comply with various labour laws in India, including the Employees Provident Fund Act, 1952, the Employees State Insurance Act, 1948, and the Payment of Bonus Act, 1965. These laws regulate aspects such as minimum wages, employee benefits, and working conditions. 

To ensure compliance with Indian transfer pricing regulations, companies and LLPs must: 

1. Conduct a transfer pricing study to determine arm’s length pricing – This involves analyzing comparable transactions between unrelated parties to determine the fair market value of the transaction. Companies and LLPs are required to maintain documentation to support their transfer pricing methodology. 
2. File a transfer pricing report – Companies and LLPs are required to file a transfer pricing report in Form 3CEB along with their tax return. The report should provide details of the transfer pricing methodology, the comparable transactions analyzed, and the financial data used. 
3. Submit a Country-by-Country Report – Companies and LLPs that have a consolidated group revenue of more than INR 5,500 crore in the previous year are required to submit a Country-by-Country Report. This report should provide details of the group’s revenue, taxes paid, and other relevant financial data for each jurisdiction in which the group operates. 
4. Comply with Advance Pricing Agreements (APA) – APAs are agreements between a company and the tax authorities to determine the transfer pricing methodology for future transactions. Companies and LLPs can apply for APAs to ensure certainty in their transfer pricing arrangements and reduce the risk of transfer pricing disputes with the tax authorities. 
5. Non-compliance with Indian transfer pricing regulations can result in penalties and interest charges. Companies and LLPs should engage with a qualified CA firm to ensure that their transfer pricing arrangements are in compliance with Indian tax laws.
   

Some key deadlines to keep in mind for tax compliance in India include: 

• Filing of annual tax return: Companies and LLPs must file their annual tax returns by 31st October of the following year. 
• Payment of advance tax: Businesses are required to pay advance tax in four instalments throughout the year, with the final instalment due by March 15th. 
• Filing of GST returns: GST returns must be filed on a monthly or quarterly basis, depending on the business’s turnover. 

• In a company, directors are appointed by the shareholders through an ordinary resolution. Directors are responsible for the management and administration of the company and must act in the best interests of the company and its shareholders. 
• In an LLP, partners are responsible for the management and administration of the LLP and must act in the best interests of the LLP and its partners. 
• Both companies and LLPs must have a minimum of 2 directors or partners. 
• Directors and partners must meet certain eligibility criteria and provide certain documents, such as a Director Identification Number (DIN) or a Designated Partner Identification Number (DPIN), as well as address proof and identity proof documents. 
• Directors and partners must also comply with certain legal requirements, such as disclosing their interests in any contracts entered into by the company or LLP and avoiding conflicts of interest. 
• Shareholders in a company must also comply with certain legal requirements, such as providing their address and PAN details, and filing any changes to their shareholding with the Registrar of Companies. 
• As per the Companies Act 2013, a company can have a maximum of 15 directors, but can appoint more directors with the approval of shareholders. At least one director must be an Indian resident. Directors are appointed by the shareholders and must comply with the relevant provisions of the Act, such as the process for appointment, disqualification, and resignation. 
• In an LLP, partners are responsible for managing the affairs of the LLP. The LLP agreement should specify the rights, duties, and responsibilities of each partner. The LLP Act 2008 lays down the provisions for appointment, cessation, and removal of partners.