India’s startup and SME ecosystem is booming, with thousands of new businesses registered every month. But behind the energy and opportunity lies a complex legal framework that every founder and entrepreneur must understand to succeed.
Whether you’re a solo entrepreneur or building a funded startup, knowing the legal basics of doing business in India is critical to stay compliant, avoid penalties, and build trust with partners and investors.
In this blog, we’ll break down the essential legal steps and compliance rules you need to know to start and run a business in India in 2024.
Before anything else, you must decide how your business will be registered. Common structures include:
Easiest to start, ideal for freelancers or very small businesses
No legal separation between individual and business
No mandatory audit
Best for two or more founders sharing ownership
Governed by the Indian Partnership Act, 1932
Not recommended for high-growth startups
Most popular for startups
Separate legal identity, limited liability, eligible for funding
Regulated under the Companies Act, 2013
Hybrid model — combines benefits of a company and partnership
Ideal for service firms, consultants, or startups not seeking equity funding
Depending on your structure, you’ll need to register with:
MCA (Ministry of Corporate Affairs): For Pvt Ltd, LLP
Local Municipal Authority: For trade licenses and shops & establishment registration
Startup India Portal: To access government schemes, tax exemptions, and funding support
Most companies register online via the MCA portal using SPICe+ form.
PAN (Permanent Account Number): Mandatory for all business structures
TAN (Tax Deduction Account Number): Required if your business deducts TDS
GST Registration: Mandatory if your turnover exceeds ₹20 lakh (services) or ₹40 lakh (goods); also required if you’re selling across states or online
Compliance Area | Frequency | Regulator |
---|---|---|
Income Tax Returns | Annually | Income Tax Department |
GST Returns | Monthly/Quarterly | CBIC |
ROC Filings (MCA) | Annually | Ministry of Corporate Affairs |
TDS Filing | Quarterly | Income Tax Department |
Employee PF/ESI | Monthly | EPFO/ESIC |
Shops & Establishment | Varies by State | State Government |
❗ Missing deadlines can lead to penalties, interest, or legal notices.
If you plan to hire employees, ensure compliance with:
Minimum wages (set by state)
Offer letters and employment contracts
EPF (Employees’ Provident Fund)
ESI (Employee State Insurance) for salary under ₹21,000/month
Gratuity (if you have more than 10 employees and 5+ years in operation)
Also consider drafting:
A formal leave policy
NDAs and IP assignment clauses
Sexual Harassment (POSH) policy
No matter how well you know your partners or clients, get everything in writing. Common agreements include:
Co-founder agreement
Vendor/supplier contracts
Service-level agreements (SLAs)
Non-disclosure agreements (NDAs)
Investment/shareholder agreements
Use professional legal templates and seek advice when raising funds or offering equity.
Protect your brand early:
Register your trademark (logo/name/slogan)
Consider copyrights for original content or software
Use patents if you’ve developed unique tech or innovation
IP can also increase your company’s valuation and investor trust.
Legal knowledge might not feel exciting, but it’s essential to build a sustainable business in India. Investing time in understanding these basics will save you from costly mistakes and help you grow with confidence.
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