A company comes into existence generally by a process referred to as incorporation. Once a company has been legally incorporated, it becomes a distinct entity from those who invest their capital and labour to run the company. The Companies Act, 2013 stipulates the process for registration and incorporation of all types of companies including private and public companies. A company is formed by registering the Memorandum and Articles of Association with the Registrar of Companies of the State in which the main office of the company is located. After registration, the Registrar issues a certificate known as Certificate of Incorporation which provides status of a legal person to the company.

Persons who run their business in partnership with one another are called ‘Partners’ of the Firm. The registration of a partnership is at the sole discretion of the partners. The Partnership Act does not demand registration as a mandatory process that has to be adhered to. However, it is always advisable to register the firm under The Partnership Act, as it doesn’t only benefit the firm but also those who deal with it. Only registered firms are considered legally existing.

A Non-Governmental Organisation (NGO) is a recognized association of persons or a body of individuals. This term is used to cover all legal entities that seek charitable and philanthropic funds towards betterment of society without the motive to derive profit from it. However, there is no such legal entity as an NGO. It can either be one of the following:

1. Trusts, which are governed by Indian Trusts Act, 1882;

2. Societies, which are governed by Societies Registration Act. According to section 20 of the Societies Registration Act, 1860, the following societies can be registered;

a. charitable societies;

b. military orphan funds;

c. societies established for the promotion of literature, science or fine arts, etc.

3. Companies U/s 8 of the Companies Act, 2013 which are established for promotion of commerce, art, science, religion, charity or any other useful object. Registration grants an NGO a special legal standing and tax exemptions, allowing subscribers, donors, and creditors to claim a tax deduction for their contributions. It is not only exempted from taxes but also from a number of annual compliances. It also empowers the NGO to acquire land, own fixed assets, and/or acquire liabilities under its common seal.

We are one of the best law firms to provide our clients with comprehensive legal services in this field, which are inclusive of Registration/Incorporation of Company (Private Limited and Limited), Partnership Firm / LLP, Registration of NGO / Trust, Registration of Societies / Schools / Institutions, and Registration of companies under Central Excise Act etc.