21 May
21May

Corporation

A corporation is an organization that usually consists of a group of individuals with the major objective to earn profit. The business works in various ways and sets several objectives according to which the company operates and functions.

Features of a corporation

  • Limited liability
  • Double taxation
  • Strict guidelines
  • Shareholders ownership

Advantages of a corporation

Separate legal entity – The existence of the corporation is different from its owners.

Limited liability – The business has a limited liability. The owners of the company are liable to the company only up to the amount invested by them.

Easy transfer of shares- The shares can be easily transferred in case of a corporation

Types of corporations

  • C Corporation

A C Corporation is a type of corporation that contains all types of features of a corporation. The business owners of a C Corporation receive profits and are taxed individually.

  • S Corporation

S Corporation is the type of corporation that contains 100 shareholders and the rules regarding taxes are also different in the case of S Corporation. The profits and losses are shared in an equal ratio by the shareholders.

  • Non – Profit Corporation

The objective of a non-profit corporation is the welfare of individuals and the under privileged members of the society.

Registration Process of a Corporation

Acquire Digital Signature Certificate and Director Identification Number

There are several steps involved in company registration process and the first and the most significant of the steps is to acquire a Digital Signature Certificate (DSC), and Director Identification Number (DIN) for signing and verification of documents.

Company name reservation

The next step in the public limited company registration process is to obtain a name for the company. The applicant must apply for name approval by filling an e-Form and ensure the name’s availability. The company can recommend two names along with the prescribed fees of Rs 1000.

Acquire Memorandum of Association and Articles of Association

Both the MOA and AOA are essential documents that must be submitted to the registrar.

Acquire TAN, PAN

After the newly incorporated Company receives a certificate of Incorporation, the last step is to acquire PAN and TAN.

Submission of Incorporation Form

At this step, the applicant must fill an application in Form SPICE 32 for the incorporation of a Public company along with presenting all the essential documents requested by the registrar.

Bank Account Opening Application

The company must create a bank account. A current account will be created in the company name before the company starts its business activities.

Documents required for establishment of a company

  • Verified copy of the PAN card of directors
  • Passport Size Photographs of the directors of the corporation
  • Identity proof such as Aadhaar card or identity card
  • Rent agreement copy, in case the company is on a rented property
  • If the property is self-owned, property papers must be submitted
  • Residential proof such as water bill or electricity bill
  • No Objection Certificate (NOC) from the owner
  • DIN and DSC of all the members
  • Memorandum of Association (MOA) and Articles of Association(AOA)

Business entity

A business entity is defined as an organization that is established by one or a group of individuals to undertake various business activities.

Limited Liability Company

LLC is a type of company in which the owners are not liable for the debts and liabilities of the company. Limited Liability Companies are hybrid entities and it is a combination of a sole proprietorship and partnership.

Features of Limited Liability Company

  • Flexibility in taxation
  • Limited liability
  • Flexibility with regards to management and operations
  • Simple business activities
  • Flexibility in the business formation – it can be treated as a non-profit, partnership etc.
  • It contains features of a corporation, partnership and sole proprietorship

Advantages of Limited Liability Company

  • A Limited Liability Company has the ability to choose to be taxed under the following type of company – sole proprietorship, partnerships, partnership, S corporation or C corporation.
  • It has limited liability which means the liability of the members is limited to the amount invested by them.
  • There is no double taxation.
  • There is a high level of flexibility in terms of membership. Members of an LLC may include individuals, partnerships, trusts, estates, organizations, or other business entities,

Registration Process of Members of Limited Liability Company

Following are the steps to follow for limited liability company registration process –

  • Appointment of individuals or partners and individuals /partners as directors
  • Obtain Digital Signature Certificate (DSC)
  • File an application for DIN (Director Identification Number ), DPIN (Designated Partner Identification Number)
  • Name reservation
  • Submission of Memorandum of Association and Articles of Association
  • Creation of a bank account

Documents required for Limited Liability Company

  • Verified copy of the PAN card of directors
  • Passport Size Photographs of the directors of the corporation
  • Identity proof such as Aadhaar card or identity card
  • Rent agreement copy, in case the company is on a rented property
  • If the property is self-owned, property papers must be submitted
  • Residential proof such as water bill or electricity bill
  • No Objection Certificate (NOC) from the owner
  • DIN and DSC of all the members
  • Memorandum of Association (MOA) and Articles of Association(AOA)

Difference between corporation and Limited Liability Company

More flexible

Limited Liability Company (LLC) showcases more flexibility as compared to a corporation.

Tax saving opportunities

Limited Liability companies turn out to be more tax saving as compared a corporation. It involves in activities that saves a lot of tax.

Ownership

A Limited Liability company is owned by two or more individuals whereas a corporation is fully owned by its shareholders.

Conclusion

The individuals form a company by taking into consideration several factors, advantages and features. The comparison of companies is done well in advance and the company that would serve more benefits is chosen.

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