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Have a great business
idea in mind?
Here’s what you need to know to give it shape
People are usually driven by the prospect of starting something
of their own, being their boss, and calling the shots. As attractive as
this idea sounds, starting a business is not a simple task. Apart from the passion, ï¬nance, and space requirements, there are several legal aspects
that one needs to know before
diving into something
like this.
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When bringing an idea to fruition, the ï¬rst
thing is to know the rules
and regulations necessary for the smooth functioning of the business.
Thus, before embarking
on any entrepreneurial venture, one needs to formalize the business. The individual will need to decide whether they wish to start it as a sole proprietorship, private limited, public limited, limited liability partnership, and so on.
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Based
on the type of business,
some additional legal requirements and regulations will need to be understood. For instance, business
owners need to register a Limited Liability
Company (LLP) with the Ministry of Corporate Affairs,
Proprietorships do not need formal registrations. Similarly, proprietorships and partnerships have unlimited liability when it comes to members while LLP’s have limited
member liability to the extent
of contribution towards
the LLP.
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Once
the difference between each is understood, and the legal implications of opting for one as opposed
to the other are clearly deï¬ned, deciding which category one wants to fall into
will be much easier.
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The next important step is applying
for a business license. As this is an essential part of the process,
one needs to do a good amount of studying to understand which licenses pertain
to their enterprise. India has different licenses for different businesses
and enterprises based on the nature
of the business. While this may be a little confusing, it is an important
aspect to look into as not having a license can have legal repercussions or may even lead to lawsuits.
Shop and Establishment Act: One license that all
establishments need is the Shop and Establishment Act, which is required by all
companies dealing in trade or business. Aimed at regulating different factors about the business and ensuring the general health of employees,
this license is obtained from the concerned state authority.
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FSSAI: For a food business,
the Food Safety
and Standards Authority
of Indian (FSSAI)
License is a must.
To ensure standardization in quality across the nation, this body was brought
into the picture. Whether the
individual is starting a small food outlet, a kiosk, a restaurant, or manufacturing food-related products, an FSSAI licence is mandatory. Under this, based on the scale of the business,
individuals will further have to choose between obtaining the FSSAI Central License, FSSAI State License,
and FSSAI State Registration. Much like all licences, the entity should remember to get through the process and get an FSSAI renewal in time to make sure that they can continue
running their business.
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In Haryana, as in other parts of India, food businesses having a turnover
of fewer than 12 lakhs can opt for the State Registration and need not go in for an FSSAI license.
However, when their turnover
crosses the 12 lakh limit, they need to upgrade to the state license. Thus,
every industry or unit involved in
the food business from preparation to handling, distributing, and selling to
the customer
through a mess or canteen needs to ensure they have the desired license. That becomes a
clear indicator of maintaining the required standards of quality. It also
assures that the food items are not hazardous or toxic to a customer’s health. There are several documents
needed when applying
for this license,
so it is best to check the online portal for guidance.
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Udyam Registration: Small businesses or MSMEs, as they
are more popularly known, should consider obtaining an Udyam Registration. Very often, people get confused between the Udyog Aadhar Registration and the Udyam Registration. The MSME or
Udyam Registration aims to simplify and streamline the registration process of
micro, small and medium enterprises. The process
is entirely paperless and can be done very easily.
All ventures that fall under the small and medium-scale would need to register themselves on the Udyam Registration Portal to obtain the manifold
beneï¬ts that can then assist
in starting up the enterprise.
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There
are several other licenses that individuals may need to look at based on the nature of the business
from Health Trade License to Service
Tax Registration, VAT Registration, and so on.
If you start your enterprise, knowing
about the different taxes that your business might attract is important. For instance, the ‘Start-up India’
initiative by the Indian Government provides many tax exemptions
to upcoming start-ups to give them an initial boost. However, they need to
fulï¬ll several conditions to avail themselves of these
beneï¬ts. Without possessing knowledge about such initiatives, individuals could very well ï¬nd themselves struggling
unnecessarily during the initial years of the venture.
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Another important factor to learn about is whether
the business venture
falls under the state tax, local
tax, or central tax. To make sure everything is in place in terms of ï¬nances,
having one’s books in order helps make the process smoother.
Many entrepreneurs just starting to tend to push their accounting aside during their initial years,
however, this is found to be
counter-productive. Thus, it is advisable to have a learned person handling your books right from the start so that there are no discrepancies that later surface.
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Getting an FSSAI licence can be
quite challenging for companies who are
trying to get through the process in the
metros because the fees are
slightly higher. Getting a food licence in Delhi, like in most other parts of the country is a lot easier now because the processes have been moved to the internet and they can be done with ease, and at your convenience.
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Finally, when venturing out and
starting something of your own, if you are planning on having employees, you should ensure that the company follows the labor laws. Whether it is about work hours,
minimum wages, beneï¬ts, holidays, etc., knowing what laws have to be complied
with and what are the added beneï¬ts that can be offered to employees would be
a good way
to start.
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Thus, starting a business of one’s own
may not be a difficult process, but it does require forethought, a considerable amount of research, and proper
planning right from the start. Once an
individual knows exactly what rules
and regulations pertain to their business,
the execution will automatically become
inï¬nitely simpler.