Start working ASAP

At my post Legal process to start the company, I had said the following:

When setting up a new business you would like to start giving your service or selling your product immediately so as to begin receiving returns very soon. And it is in deed possible (at least that's what I did)...

And Chitra, a reader of the blog, said in a comment at Final Submission to register your company:

You are right in some sense but clear me one thing if we r going to develop a software company or some what a web development company,then do u think it is possible to start the service(or starting a project)exactly before registration of the firm.
Or in general, for a product based firm it will be tough to set up the machinery before any legal process.

I guess there are two options.

One is dedicate yourself full time to do the process of setting up the company. This way, the process will be quicker and you will perhaps do it better because you will be fully concentrated on it. However, there will be quite a few idle times because you will be just waiting for some of the approvals.

The other option is to work as if the company already existed. You can work in a sole proprietorship basis (which does not require any legal work). Or you can associate with another already setup company which belong to a friend and do the services through that. Or you can start offering the service to clients, invoicing them, if required, in a personal basis, as a professional does. Or you can just tell your clients that you are about to open the Pvt. Ltd. ("I'm just waiting for the final approval") and you will send the invoice at that time. There are countless things you can do.

Besides, during this time, since you are starting, you can have a main focus on the marketing. The only fear could be that you build brand name of a company for which you are not yet the owner, but I think there is little to fear in this respect. You can check availability of the name in the MCA web-site, and besides you will get the approval for the booking of the name (form 1A) in just a few days or maximum weeks. I don't think there are very high probabilities of loosing the name (perhaps the full name yes, but not the main keywords).

Legal: About Sole Proprietorship, Partnership Firm and Private Limited

Last Friday, after posting on the blog, I had a meeting with my college-friend with whom I'm setting up the new business. We were deciding whether to go directly for a private limited, or to start by a partnership firm or sole proprietorship for some months before registering the company at the ROC.

Prior to this meeting I had read some information about the two proposed forms of business but still had some doubts, hence we went to visit his CA.

This meeting again proved is important to do your homework... I could understand everything thanks to what I had learnt in the morning.

Either partnership firm or sole proprietorship have the same unstable or shaky or at least non-corporate look to other companies, while a private limited looks more reliable to your possible clients.

However, the difference in costs is quite significant. The upfront cost to set up a Private Ltd is at least Rs.15,000 to 20,000 (very minimum); for a partnership firm is about Rs.8,000; finally, for a sole proprietorship is nil: you just need to go to the bank and open your account in the company's name.

This is, as you can read here, because the sole Proprietorship depends directly on its owner, both for liability as well as taxes; in fact, the company and its owner are one. The same way, it is very similar for a partnership firm but the profits and liability is distributed among the partners.

Our conclusion is that for a business which is beginning and a large amount of investments has already been done, you should go for the Sole Proprietorship or Partnership Firm. But if you have time and money is better to go for Pvt. Ltd. as it will give a much more reliable outlook to your enterprise.

Update on 23-02-11: Would you like to see the Spanish translation? Click here!