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Also Read: Procedure, Document Checklist And Costs For Incorporation Of A Private Limited Company

1. Identification of business organisation structure: When starting a business, one should create a separate legal entity under which they will operate. It is the most important item on the legal checklist for start-ups in India.  Private Limited Companies, Limited Liability Partnerships, One Person Companies, Sole Proprietorship Firms, and Partnership Firms are the six main legal entities recognised in India. A start-up can opt for any according to the business structure it wants to establish.

2. Registration: The two most crucial considerations for registering a start-up are as follows:  The start-up must be incorporated before registering with the "Start-up India Program," which is the second step. A start-up's incorporation includes obtaining a Directory Identity Number and a Digital Signature Certificate. By enrolling online, you can receive this recognition from the Department for Promotion and Industry and Internal Trade (DPIIT). The platform aims to encourage innovation in the nation by giving businesses access to a range of financial incentives and advantages like tax exemptions.

3. Obtaining Licences: It's crucial to understand that these licences are necessary for businesses to function lawfully and that they must be obtained. Every business organisation has different compliances to make. A business may be subject to legal penalties, fines, or other consequences if it fails to secure the licences necessary to operate in its industry. For example, a restaurant business will want a Certificate of Environmental Clearance, a Food Security Licence, and a Prevention of Food Adulteration Act Certificate, while an e-commerce start-up will require service tax and VAT registration.

4. Company Law Compliances: Meetings with board members, filling out crucial documents, auditing data, and producing reports are all things that a registered company must adhere to. They can be listed as:

• Annual-General Meeting

• Board Meetings

• Appointment of Auditor

• Director’s Report

• Maintenance of statutory registers

• Circulation of Financial Statement

5. Taxation Compliances: The two types of taxes are taxes, both direct (Income Tax) and indirect (GST, Excise duty, Customs duty, etc.) In India, taxes are imposed according to nature and company operations. Here are several tax benefits provided to start-ups for their efficient growth while they are still in their nascent stage.

• Three-year tax holiday in a block of seven years

• Exemption from tax on long-term capital gains

• Tax exemptions on investments above the fair market value

• Tax exemptions to individual/HUF on LTCG from equity shareholding

• GST based compliance

6. IPR Compliances: Start-ups place a high value on originality, creativity, and uniqueness as the foundation of their success. They establish a company with the intention of introducing the world to a brand-new good, service, or method. Protecting the intellectual property rights necessary for growing their firm is vital for entrepreneurs. 

Also Read: How Can You Form A Company In USA From India?

Start-ups have a number of options for safeguarding these assets, including non-disclosure agreements, copyrights, trademarks, and patents.

7. Labour Law Compliances: Start-ups must abide by the labour laws that come with opening a real firm. Rules like the Minimum Wage, Maternity Leave, or Protection Against Sexual Harassment in the Workplace, these laws are designed to shield employees from the possible exploitation of their employers. Additionally, they serve as a tool for holding both parties responsible for their conduct.

8. Event-based compliances: Some are related to particular occasions or industries, such as compliance with FEMA for start-ups with FDI or Customs law for businesses who import or export. When a start-up deals with potentially hazardous goods or processes, environmental law clearance is required, whereas when it interacts with real estate, RERA approval and other compliance with property laws are required. Mergers and acquisitions or large transactions that would significantly harm competition in India would require clearance under the Competition Law.

9. Contractual Obligations: Every business has agreements in place with various parties who play a role in how the firm operates, such as clients, workers, or vendors, through contracts.

Also Read: Startup Due Diligence explained

Any organisation must adhere to its regulatory requirements; the first step to ensure smooth operation is to comprehend and follow the applicable laws. To start a firm, every beginning entrepreneur must be familiar with all applicable regulations. One of the best ways to ensure that the business is always safe and avoids legal issues and implications is to hire an expert legal counsel who can advise, supervise, and maintain legal records.

Also, read What is the Electricity (Amendment) Bill 2022?

        2. Execution

The company is given a specific name at this point. The ideal business name is succinct, noticeable, and representative of what it provides. The business entity must register under the Food Safety and Standards Act of 2006 (FSSAI) at this step by selecting the proper company structure for its operations. LLPs, companies, sole proprietorships, and partnerships are some of the most popular business structures. This registration grants the company the necessary license to conduct business.

A packaging company should also think about going online through one of the many consumer-friendly e-commerce platforms available for it to succeed.

At this stage, the following things should be made available:

• Trademark registration
• Seller's Permit/Vendor's License
• Non-disclosure Agreement
• Employee Contracts and offer letters
• Business Plan
• Website Terms of Use Agreement

These documents should ideally be drafted by professionals equipped with the requisite skills.

  3. Promotion and Launch

A strong marketing plan is necessary to ensure that the company that sells food packaging reaches the target market. Ideally, promotion should be carried out both online and offline. At this phase, test marketing should be done frequently.

IS FOOD PACKAGING PROFITABLE ?

The food packaging market is expanding quickly. The rising globalisation of trade in goods & services and the emergence of new trade forms like organised retailing & e-commerce have all contributed to the Indian packaging industry's rapid expansion, even in the pre-Covid period.

The Indian packaging sector anticipated expansion at a CAGR of 18% from 2016 to 21. Covid-19 may have considerably hindered this growth, but other industries, such as packaged food and drinks, pharmaceuticals, functional foods, and hygiene products, were mainly unaffected. These industries have experienced optimal growth in demand and production, which has increased packaging demand. 

People are more prone to wanting quick fixes for anything, including food, especially those from urban regions. As a result, the demand for packaged food or so-called "ready-to-eat food." As a result, the food packaging business is now being pushed to speed up the process.

Also read Energy conservation amendment bill, All you need to know. 

FOOD PACKAGING BUSINESS REQUIREMENTS

The Food Safety and Standards Act, 2006[1] has laid down the following requirements

1. Packaged foods must be put in utensils or containers, which is safe.
2. For dairy products, the packaging/wrapping should be mechanically sealed, and it should not be reused. It should only be kept in the storage rooms that have been designated after proper packaging.
3. For packaging edible oils and fats, tin plates used in tin containers should meet the requirements for prime grade quality outlined in the Bureau of Indian Standards (BIS).
4. For fruits and vegetables: Any fruit product shall be packaged in a container that is so tightly sealed that it cannot be opened without erasing the manufacturer's specific identifying mark, which should be visible on the top or neck of the bottle following the standards set by BIS. 
5. To prevent possible adulteration or contamination of the water, drinking water should be packaged in sterile glass bottles, food-grade polycarbonate, or clean, hygienic bottles/containers made of polyethene (PE) (conforming to IS:10146), polyvinyl chloride (PVC), polyalkylene terephthalate (PET and PBT), conforming to IS: 12252, polypropylene (conforming to IS: 10910).

WHAT ARE THE TYPES OF FOOD PACKAGING

Wrappers are used for individual goods; wrappers shield food from contamination from hands and the surroundings.

A tray is a flat, thick paperboard object with raised edges to hold the product firmly in place while minimising movement.

Boxes are the simplest type of packaging, allowing for simple transportation of the food item. Boxes are frequently built of wood, corrugated fiberboard, or metal, which increases their resistance and reduces their susceptibility to damage.

Pallets – Pallets are typically used when food is transported in bulk.

Bags – Plastic bags are typically used to transport food.

Cans  Steel/metal cans are also used to transport food. These help preserve the food better.

Flexible packaging is a type of non-rigid, flexible packaging that may conform to any shape, size, or structure, as the name implies. This kind of packaging, which resembles bags a lot, shields food products from environmental factors while significantly prolonging their shelf life.

Aseptic processing is used to pack sterile food products to ensure they retain their sterility. This packaging combines paper, polyethylene, and metal and has a thick polyethylene layer.

Boxes and cartons can frequently be used interchangeably. Cartons are built from corrugated cardboard, just like boxes, and might have paraffin or plastic coating to make them more durable against moisture and other coercive agents. 

Egg cartons are moulds that are patterned like eggs and are used to transport eggs securely.

Gable-top cartons are a common choice for milk and juice since they have gables at the top that may be opened by pinching and pulling.

Folding cartons are created as flat cardboard components that the food producer can put together.

Aseptic cartons are used for processed foods that must be kept fresh for a long time.

Conclusion: 

"In conclusion, setting up a food packaging business in India involves a series of well-defined steps, ranging from market research and business planning to obtaining necessary licenses and ensuring quality control. This guide has aimed to simplify this intricate process by offering a step-by-step roadmap for aspiring entrepreneurs. By adhering to the outlined procedures and legal requirements, you can build a sustainable and successful food packaging enterprise in one of the world's most dynamic markets. Remember, the key to longevity in this industry lies not just in compliance and quality, but also in continuous innovation and customer satisfaction."

[1] The Food Safety and Standards Act, 2006.

Also, read The Unique Identity Of A Company Director As Per The Company Law. 

Business Expansion Into Foreign Countries

Thus, there are many Indian businesspersons who want to set up a company in foreign countries. And the most preferred country where many of them wish to expand is the United States. Well, if you are one of them and you wish to set up a company in the US or someone close to you wishes to do the same, we here present you the legal provisions that you can use towards that goal

We are here to tell you about the various steps and protocols. These will help you set up companies in the USA from India.

USA As The Market For Business Expansion

Well, the USA market is arguably the most developed market in the global expanse. If an Indian businessperson accesses and tries to explore the American market, he/she is likely to find a plethora of opportunities for expansion and growth. Well, if someone from India wishes to set up a company in the USA, he/she will need to follow the following protocols:

The Methods In Which An Indian Company Can Set Up Its Business In The USA:

• This company can do all its operations from India, but it would set up in America.
• All the functions and activities by this company will be done in India, except the brand building and marketing work, which would by done in the USA, by this company set up in the US.
• This company in the USA will be a subsidiary of its Indian parent company. But it will do all its activities and various works in the USA.

You may also read What are the legal compliances required for a Start-up?

The Two Ways In Which You Can Enter The US Market

If you want to do business in India, you can do it in the following two ways:

Corporation

Suppose you want to set up a company by procuring funding from venture capitalists, angel investors and so on, then you can go for C-corporation. Investors, bankers, supplies consider them more professional

LLC

It is a combination of partnership firms and corporation. Well, you are protected against a lawsuit by limited liability provision. The process here is quite similar to the process that takes place in the formation of LLP.

Herein, its compulsory to provide information about the agents of state formation. It is also required to give the various details of the companies and individuals who are working with the business. Deciding the name of the company is also mandatory.

Formation Of The Company

After carrying out the process, you will be ready to establish your business. You may have to choose your geopolity. There are various states in the US. There are states where the laws are more business-friendly and taxation is also low, like Delaware, Nevada, Wyoming, and so on. Sometime after you set up your business in one of these states, you can also expand to other regions of the USA>

Steps Involved In The USA Company Formation

You should first decide what type of company you wish to form. In the USA, this is all the more important. Then you can undertake the following steps towards the formation of the company in the USA:

Decide the company’s name

The name should be unique. Besides, that name should be available in the state where you are going to set up your company.

You will need to give a registered agent. That registered agent should have a physical address in the state where you are setting up the company. The agent should be there to sign the legal documents in the business hours and in the time required.

Federal Employer Identification Number –

This step is not compulsory. But it will be easier for you if you go for this step as well. You will need to apply for a Federal Employer Identification Number and Certificate of Authentication. Suppose you want to open an account in any bank of USA, then you should have these things, only then your account can be opened.

The Certificate of Authentication – This too is optional. Suppose you wish to open a bank account in India or say produce proof that you have a company in the USA (either a US corporation or LLC), then you will need to present a certificate of authentication or Apostille.

All of these are some simple steps, which will facilitate you form a company in the USA. You need to ensure that you follow them well. Also, you can also seek help from a professional firm that can help you set up a company in the USA.

Also, read Know All About The Service Agreement.

Also read Partnership firm v. LLP in India. 

The process of SPICe (Simplified Proforma for Incorporating Company Electronically) Private Limited Company Incorporation Filing Process is required to be done. SPICe is a single form that integrates the applications for Reservation of Company Name, Allotment of DIN for Directors and Incorporation of a New Company along with allotment of Permanent Account Number (PAN) and Tax Collection and Deduction Account Number (TAN) to the New Company.

Procedure followed

The essential paperwork needs to be filed on the official MCA website (www.mca.gov.in), which ensures a quick and uncomplicated process. With the "Make in India" initiative, the Indian government currently supports the incorporation of businesses in India. It is only after following the procedures outlined in the Act that the company can be formed and started. The steps that are followed to register a private limited company are as below. It takes around 15 to 18 days to complete the entire procedure.

1. The very first step to register a private limited company is to obtain the DSC (Digital Signature Certificate) of the Directors and Subscribers to Memorandum of Association. An e-form is filed with the Ministry after attaching the DSC of the Authorized Signatory for incorporation of the Company. Also, it is required for the application of DIN of the directors. Further, DSC of the subscriber is needed to file Memorandum of Association and Articles of Association.
2. The next step is to obtain the Director Identification Number (DIN). Under this registration step, the Ministry allots the DIN to the Individual for acting as Director in a company. It is basically a unique number such as PAN Card allotted to any person and which is applied and allotted once in the lifetime.
3. The next stage in the company registration process is to submit an application for the proposed firm's name reservation. The application must be submitted on Form INC-1, which allows for a maximum of six names to be submitted in order of preference. It is important to note that the names chosen are not identical to or substantially equivalent to any existing Company, LLP, or Registered Trademark. Once the name is approved, it is reserved for the applicant for a period of 60 days, during which time the applicant must apply for company incorporation; failure to do so will result in the name being revoked by the Ministry.
4. Once the prospective company's name has been reserved, fill out the Application for Certificate of Incorporation in SPICe form and attach the SPICe MOA and SPICe AOA. The application is submitted by paying the required Stamp Duty on the portal, as applicable in the concerned state. Once the application is filed, an online form for the company's PAN and TAN is generated, which must be completed and sent along with the DSC and MCA. The concerned Registrar of Companies may give the Certificate of Incorporation after thorough examination of the application and supporting papers (COI). It is a conclusive confirmation of the company's existence, containing the date of incorporation, Company Identification Number (CIN), and Permanent Account Number (PAN), as well as the Registrar's signature and seal. As soon as the Certificate of Incorporation is issued, the firm can begin operating as soon as the Incorporation procedure is completed.

You may also like to read MSME Registration in India

Documents Required

Ensuring proper documentation is an integral aspect of the registration process of the Private Limited Company. The documents thus required for the registration of a private limited company are as follows:

• Directors and Shareholders’ Identity Proofs such as PAN card, Aadhaar Card / Passport / Driving License / Voter Identity Card; Address Proofs such as Telephone Bill / Mobile Bill / Electricity Bill / Water Bill; Bank Statement; Passport size Photographs. All the Copies of documents being self-attested by the applicant.
• Documents are to be signed by the Directors include the Consent to Act as Director: Form DIR-2, Details for DIN, Declaration of DIN.
• Documents to be signed by Shareholders include the Application for Digital Signature Certificate; Declaration by Subscribers & Director: INC-9 4. A no-objection letter from the Owner of Address to use the address of the registered office of the Company.

Costs incurred

India has a diverse range of business types, businesses, and services. Regardless of the sort of business, all of them require some form of government registration. For example, GST registration, VAT registration, IEC registration if you are in the import export business, Professional Tax registration, EPF registration if you are in some type of profession, MSME registration if you are a small and medium firm, and so on. Professional fees, as well as government fees, are associated with several types of registration. Registration fees might range from INR 1500 to INR 15000, depending on the complexity of the activities, state taxes, and other factors. The fees for forming a Private Limited Company vary depending on a variety of parameters such as the amount of capital, the number of shareholders, and the number of directors, among others. The cost of forming a Private Limited Company in India (Pvt Ltd Company Registration) ranges from INR 6,000 to INR 30,000, depending on the number of directors, members, authorised share capital, and professional expenses. The cost of a professional may be determined by the task's complexity. A minimum paid-up capital of Rs. 1 lakh is required for a private limited company. It could go even higher, as MCA may prescribe from time to time.

Also read Which Is Better For A Small Sized Company: LLP Or Partnership?

You may also read Service Agreement Vs Contract - How They Compare & Differ?

The Information Technology Act of 2000 includes provisions for the use of digital signatures on documents submitted in electronic form to assure the security and authenticity of those documents. This is a safe and secure method of submitting a document electronically. As a result, all filings made by companies/LLPs must be signed using Digital Signatures by the person whose signature is requested.

Only the valid Digital Signatures issued to them can be used. It is against the law to use Digital Signatures that belong to someone other than the person to whom they were issued.

Procedure to obtain and costs of obtaining a DSC?

One needs to understand the procedure to obtain the Digital Signature Certificate in order to receive it. When applying for a Digital Signature Certificate, one needs to complete the Application form which is available online and personal information then needs to be verified with photo ID proof and address proofs.

The following are the steps to receive a DSC:

1. Visit the Certifying Authority’s online page. Select the Digital Certificate Services section post which the type of entity needs to be chosen for which the Digital Signature Certificate is sought for: whether a person or an organization.
2. After finding the appropriate form, the required information needs to be filled in the form such as the class required, the period of validity of the certificate, name of the applicant and his contact details, business GSTIN, payment details.

After filling out all of the required information, a recent photograph needs to be attached and the statement needs to be signed. An attesting officer must certify the supporting document presented as confirmation of identity and address. It must be ensured that the attesting officer's signature and seal are clearly visible on the accompanying proof documents.

• A demand draft or cheque in the name of the Local Registration Authority where you will submit your application for verification must be obtained for payment of the DSC application.
• Put the following items in an envelope:

• Filled-up Registration Form including the documents for Proof of Identity and Proof of Address attested by the authorized officer
• Payment made via demand draught or cheque.'

Also read The Unique Identity Of A Company Director As Per The Company Law. 

The cost of obtaining the DSC includes the cost of the medium (a UBS token, which is a one-time payment), the cost of DSC issuance, and the cost of renewal once the validity term has expired. DSCs can be obtained from any of the recognised Certification Agencies listed on the MCA portal by corporate representatives and professionals who need them. The issuing costs for each Agency vary and are determined by the market.

DSC Renewal

The Certifying Authorities are entitled to issue a certificate with a validity of one or two years. The validity of the certificate needs to be known to the applicant well in advance. After the expiry of the validity period, the digital signature certificate can be renewed within seven days’ time. However it needs to be checked that the renewal is being made in the previos name only. And if the name is changed then the whole application procedure shall be considered as a new one. It is permitted to change the postal address and contact information. Also after the expiry of the Certificate if the renewal process is not completed within seven days’ time as stated above then the individual shall be required to apply from the start afresh.

 What is a DSC token?

USB Token for DSC or Digital Signature Certificate for Digital Signing have risen to prominence in recent years owing to its charcateristic of providing significant measures of protection. The Controller of Certifying Authority requires users to have a USB token in addition to their Digital Signature Certificates, users can use these Plug and Play tokens to download and install DSCs on them. People can now complete their signing operations from remote places owing to the two-factor authentication method for validation and secure local and remote desktop login. The best part about utilising USB tokens to sign desired documents and files is that they are easy to carry and can be placed on any device. Furthermore, the signed documents can never be changed and cannot be changed without the consent of the signer. The usage of password-protected tokens provides the token users or signers with a high level of protection. Proxkey, mToken, ePass 2003 are few of the types of USB tokens To utilise a digital signature, you must first get a Digital Signature Certificate by submitting an application to one of the registered Certifying Authorities. When the DSC and USB Token are received, it is simple to use them to sign any PDF document online. The most secure way to digitally sign a document is with a USB Token containing your DSC.

Also read One Person Company – What It Can Provide And What It Can Not.

You may also like to read The Shop And Establishment Act - The Law That Governs Indian Businesses. 

Apart from knowing about the eligibility, one also needs to know about the various types of GST registrations. For instance, GST filings for small taxpayers are different from those mandated for big companies.

Hence, it is always better to engage a professional to register GST and obtain the GSTIN for you. The process does not stop here, as a GST-registered business, you will have to do certain form filings and you would require professional assistance for this as well.

One can register for GST free of cost if done on their own. Online GST registration is available at the online GST portal. If you wish to obtain professional assistance, there are various websites that provide GST registration at a fixed cost. The prices may range from INR 1500-3000 one-time fee.

Cost of Registering TAN & PAN

All persons in charge of deducting or collecting taxes must get a TAN. The TAN must be quoted on all TDS statements as required by Section 203A of the Income Tax Act, 1961.

One can obtain TAN by submitting Form 49B to any TIN Facilitation Centre. TAN applications can be submitted online through the NSDL-TIN website.

The current fee for filing a TAN application is INR 55/- plus applicable GST (the application fees may change from time to time).

PAN is to be obtained by every person carrying on any business or profession whose total sale, turnover, or gross receipts is likely to exceed five lakh rupees in any previous year.

Indian citizens can obtain a PAN by submitting Form 49A. PAN applications can be submitted online through the NSDL website or at any of the NSDL TIN-Facilitation Centres.

The application for allotment of a TAN or PAN must be made in Form No. SPICe-INC-32 if the applicant is a company that has not been registered under the Companies Act, 2013.

Per PAN application, the applicant must pay a cost of INR 93 plus applicable GST. The fee for processing the PAN application is INR 864 (INR 93 application fees and INR 771 dispatch charges)/- if the PAN card is to be delivered outside India. (Plus, GST as applicable)​​.

Also, read How Can We Check Whether A Company Is Registered Or Not?

DIN and its Cost

The Central Government issues a DIN to anyone who wishes to become or is already a director of a company. It is valid for a lifetime. One can apply for DIN by filling out the relevant forms, such as the SPICe Form, DIR-3 Form, and DIR-6 Form, along with supporting documentation.

The forms are submitted electronically. It must be digitally signed before being uploaded to the MCA21 website.

If a DIN application is filed at the time of incorporation, no separate fees have to be submitted to obtain DIN. In the case of an existing company, INR 500 fee is to be paid online.

There are various websites that file DIN applications on one’s behalf at a fixed cost. The prices may range from INR 600-1500 one-time fee.

Franking Charges

Franking is another mechanism that involves the stamping of a document by an authorized franking agent. A franking machine is used to stamp documents, indicating to the payor that the taxes have been duly paid to the government.

Franking fees are usually a small percentage of stamp duty fees, and they are often adjusted only in the stamp duty fees.  The franking procedure in each state has a set minimum amount. Franking charges might range around 0.1 percent of the overall purchase price.

LUT Bond & Its charges

To make exports without paying IGST, all registered taxpayers who export goods or services must submit a Letter of Undertaking (LUT) in the GST RFD-11 form on the GST portal. Before exporting goods or services, a LUT must be filed online. For each new financial year, a new LUT should be filed. GST registered person can only submit a LUT if they have not been prosecuted for tax evasion of more than INR 2.5 crore, or for any other offense under the CGST Act, the IGST Act 2017, or any other law.

Login to the GST Portal and select LUT from the services tab. Choose the financial year for which the LUT is needed. Fill in the details, then save, sign, and file the form. A message of confirmation appears. The GST Portal sends this ARN to the Taxpayer's registered email and mobile phone.  Now one can download the acknowledgment, by clicking the download button.

There are various websites that provide LUT related services at a fixed cost. The prices may range from INR 1500-3000 one-time fee.

What is Notary? & Its charges

A Notary, also known as Notary Public, is a person who is authorized to perform certain legal formalities. This includes the drafting, and validation of contracts, deeds, and other legal documents. A Notary Public's primary role is to serve as an impartial witness while carrying out fraud-prevention activities involving legal documents. This is usually referred to as notarization.

Rule 10 of the Notaries Rules, 1956, mandates the following fee:

1. Notarization of instruments
   • You need to pay INR 35/- if the value of the instrument does not exceed INR 10,000/-
   • You need to pay INR 75/- if the value ranges between INR 10,000/- and INR 25,000/-
   • You need to pay INR 110/- if the value ranges between between INR 25,000/- and INR 50,000/-
   • INR 150/- if the amount exceeds INR 50,000/-
2. INR 15/- for verifying, certifying, and attesting the execution of any instrument
3. INR 15/- for administering/witnessing oaths or to take affidavits from deponents
4. INR 150/- towards the preparation of documents or instruments to be used outside the country
5. INR 10/- per page for attesting a document as a true copy

How much does CA charge for company registration?

The ICAI has revised the minimum fees paid for professional assignments completed by CA in Practice. A CA charges INR 35,000/- for incorporation of a Private Limited Company and INR 65,000/- for incorporation of a Public Limited Company in Class A cities such as Delhi, Mumbai, Kolkata, Chennai, etc.

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