What is a Patent: Types, Procedure, and Example

Jun 13, 2025
Private Limited Company vs. Limited Liability Partnerships

In a world driven by innovation, protecting intellectual property is critical, not just for inventors but also for the advancement of science, technology, and industry as a whole. Patents are a powerful tool for safeguarding inventions, offering exclusive commercial rights, and encouraging investment in new ideas.

In this comprehensive guide, we’ll explore patents, the different types available, the filing process in India, what qualifies (and what doesn’t), and notable real-world examples.

Table of Contents

What is a Patent?

A patent is a legal right granted by a government authority to an inventor or assignee. It provides exclusive rights to make, use, sell, or license the invention for a fixed period, typically 20 years from the filing date (in the case of utility patents).

In India, patents are granted by the Indian Patent Office under the Indian Patent Act, 1970. Once granted, the patent gives the owner the legal authority to prevent others from commercially using the invention without consent.

In simple terms, a patent:

  • Protects original inventions
  • Offers a time-bound monopoly
  • Encourages innovation by offering a return on investment

Types of Patent

There are three main types of patents recognised globally (India primarily follows the utility patent framework):

1. Utility Patent

Covers new processes, machines, or compositions. These are the most common patents.
Example: A new smartphone battery technology.

Protection Duration: 20 years from the filing date.

2. Design Patent

Protects the unique visual appearance of an object, not its function.
Example: The contour design of a Coca-Cola bottle.

Protection Duration: 15 years (in countries where design patents are recognised separately).

3. Plant Patent

Covers new, asexually reproduced plant varieties.
Example: A genetically modified rose variety.

Protection Duration: 20 years (not commonly filed in India).

Related Read: Types of Patent 

Types of Patent Applications

In India, there are four primary types of patent applications, each serving a distinct purpose:

1. Provisional Application

A temporary application filed to secure a priority date while the invention is still being finalised. It is valid for 12 months (must file a complete specification within this period).

2. Complete Application

It contains the full invention description, claims, and drawings. Can be filed directly or after a provisional application. It's the final and examinable document.

3. Divisional Application

It is filed when a single application contains multiple inventions. It allows the applicant to split them into separate applications while retaining the same priority date.

4. Additional Application

It is filed for improvements or modifications of an already filed invention. It must be linked to the main patent and cannot stand alone.

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Importance of a Patent

Patents are more than just legal documents; they are strategic assets for innovation-driven businesses. Here’s why they matter:

  • Protects Innovation: Prevents unauthorised use or duplication of your invention.
  • Drives Research: Encourages R&D by granting exclusivity.
  • Public Disclosure: Adds to the pool of technical knowledge through public databases.
  • Market Advantage: Offers a monopoly that helps recover R&D investments.
  • Licensing Revenue: Can be monetised via licensing deals or sales.
  • Investor Confidence: Adds credibility and attracts funding.
  • Eligibility for Government Support: Many startup schemes and grants favour IP-holding firms.

What Can Be a Patent?

Under Indian law, an invention is patentable if it meets the following criteria:

  • Novelty: It must be new and not disclosed anywhere else.
  • Inventive Step: It must involve technical advancement or economic significance.
  • Industrial Applicability: It should be capable of being made or used in an industry.

Patentable Categories:

  1. Processes (e.g., water purification method)
  2. Machines (e.g., robotic arms)
  3. Articles of Manufacture (e.g., ergonomic chairs)
  4. Compositions of Matter (e.g., pharmaceutical formulations)
  5. Improvements on existing inventions (e.g., a faster version of a known algorithm)

What Cannot Be Patented?

Under Sections 3 and 4 of the Indian Patent Act, certain inventions are not patentable, even if they are novel.

Key Exclusions:

  • Frivolous or contrary to natural laws (e.g., perpetual motion machine)
  • Scientific theories or mathematical methods
  • Methods of agriculture or horticulture
  • Traditional knowledge (e.g., turmeric for healing wounds)
  • Medical treatments or surgical methods
  • Business methods or algorithms
  • Mental acts or abstract ideas
  • Atomic energy-related inventions (under Section 4)

These exclusions maintain ethical, cultural, and practical boundaries in IP law.

Patent Examples

Here are a few real-world patent examples that transformed industries:

  1. Wright Brothers' Airplane (1906):
    The first powered aircraft patent. Paved the way for modern aviation.
  2. Apple’s Slide-to-Unlock (2009):
    A design feature that defined smartphone interaction.
  3. Pfizer’s Lipitor (1993):
    A cholesterol-lowering drug that became one of the best-selling medications.
  4. Dyson Vacuum Cleaner (1986):
    Innovative cyclone technology with no loss of suction.

How Much Does a Patent Cost in India?

The total cost of obtaining a patent in India varies based on complexity, legal support, and the size of the entity. The cost includes:

  • Government Fees
  • Professional Charges
  • Examination Request Fee
  • Additional Costs: Translation, drawings, office actions, renewals

Patent protection lasts for 20 years, subject to annual renewal fees after grant.

Content of a Patent

A patent document includes several structured sections that describe and define the invention:

  1. Title of the Invention
  2. Bibliographic Details (applicant name, filing date, etc.)
  3. Background / Prior Art
  4. Detailed Description (technical specifications and working)
  5. Drawings or Diagrams
  6. Claims 

Unlike academic writing, patent specifications are precise, technical, and legal in tone. Many researchers prepare their own drafts, but expert assistance ensures compliance with formal requirements and claim strength.

Procedure for Getting a Patent in India

Here’s a step-by-step overview of the Indian patent filing process:

  1. Document the Invention: Maintain detailed records, diagrams, and experimental data.
  2. Conduct a Patent Search: To check if similar inventions exist.
  3. Draft a Provisional or Complete Specification.
  4. File the Application at the Indian Patent Office (offline or online).
  5. Publication: The application is published after 18 months unless early publication is requested.
  6. Request for Examination (RFE): Must be filed within 48 months.
  7. Examination Report & Objections: Respond to objections and make amendments, if needed.
  8. Grant of Patent: If approved, the patent is granted and published in the journal.
  9. Renewals: Pay annual renewal fees to maintain validity.

Difference Between Patents vs. Trademarks vs. Copyrights

Feature Patent Trademark Copyright
What it Protects Inventions (process, device, product) Brand identifiers (logos, names, symbols) Original creative works (books, music, art, software)
Duration 20 years 10 years (renewable indefinitely) Lifetime + 60 years
Example New engine technology Nike swoosh logo A novel or film script

Frequently Asked Questions

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

What do you mean by patent?

A patent is a legal right granted by a government to an inventor or assignee, giving them exclusive rights to make, use, sell, or license an invention for a limited period—typically 20 years from the date of filing. In exchange, the inventor must publicly disclose the details of the invention, contributing to scientific and technological knowledge.

What is a patent example?

Here are a few well-known examples of patented inventions:

  • Apple’s Slide-to-Unlock Feature (U.S. Patent No. 8,046,721): A widely recognised software patent that changed the way users interact with touchscreens.

  • Pfizer’s Patent for Lipitor (U.S. Patent No. 4,681,893): Protected the formula for a cholesterol-lowering drug that became a blockbuster medication.

Which Act governs the patent system in India?

The Indian patent system is governed by the Patents Act, 1970, along with the Patent Rules, 2003 (as amended). The Act defines what is patentable, outlines the procedure for filing and examination, and specifies the rights and obligations of patent holders.

The Controller General of Patents, Designs & Trade Marks (CGPDTM) oversees the administration and granting of patents through the Indian Patent Office.

Who can apply for a patent?

A patent application can be filed by:

  1. The true and first inventor (the person who actually created the invention)
  2. An assignee of the inventor (such as a company, research institution, or employer)
  3. A legal representative of a deceased inventor

In India, individuals, startups, small entities, educational institutions, and large companies can all apply for patents. Joint applications by multiple inventors or co-assignees are also permitted.

Swagatika Mohapatra

Swagatika Mohapatra is a storyteller & content strategist. She currently leads content and community at Razorpay Rize, a founder-first initiative that supports early-stage & growth-stage startups in India across tech, D2C, and global export categories.

Over the last 4+ years, she’s built a stronghold in content strategy, UX writing, and startup storytelling. At Rize, she’s the mind behind everything from founder playbooks and company registration explainers to deep-dive blogs on brand-building, metrics, and product-market fit.

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Related Posts

How to Start a Construction Company: A Step-By-Step Guide

How to Start a Construction Company: A Step-By-Step Guide

India’s construction industry is one of the fastest-growing sectors, contributing significantly to economic development and job creation. With increasing urbanisation, government-led infrastructure projects, and rising demand for residential and commercial spaces, the sector presents a massive opportunity for entrepreneurs.

Starting a construction company today offers the potential for long-term profitability and the opportunity to contribute to the nation’s development journey.

But launching a successful construction company requires more than just technical know-how. It involves strategic planning, legal compliance, financial preparation, and effective operational execution.

This guide walks you through everything you need to know to start your own construction business in India.

Table of Contents

What is a Construction Business?

A construction business is involved in the planning, designing, constructing, and maintaining buildings and infrastructure. This includes residential properties, commercial complexes, roads, bridges, and industrial structures. Construction businesses manage everything from groundwork to the final delivery of projects.

There are several types of construction businesses, such as:

  • General Contracting Firms: Manage entire construction projects.
  • Specialised Trades: Focus on specific services like electrical work, plumbing, HVAC, or roofing.
  • Project Management Companies: Oversee project timelines, budgets, and subcontractors for clients.

Each type serves a distinct market and can be scaled based on expertise and demand.

Why Should You Start a Construction Company?

Starting a construction company can be both profitable and impactful. Here’s why:

  • High demand: Real estate growth, government infrastructure spending, and smart city developments keep demand steady.
  • Lucrative contracts: Projects often run into lakhs or crores, offering good revenue potential.
  • Entrepreneurial freedom: Be your own boss, choose your projects, and build your brand.
  • Job creation & impact: You directly contribute to community development by building homes, schools, hospitals, etc.
  • Long-term stability: A construction company can grow into a multi-city or even national operation with the right strategy.

Different Business Structures of a Construction Company

Choosing the right business structure is crucial, as it determines how your business is owned, taxed, and operated. Here are some common options in India:

  • Private Limited Company: Offers limited liability, legal recognition, and easier funding options; Ideal for medium to large construction firms.
  • Public Limited Company: Suitable for large construction firms planning to raise public funds; Requires more compliance and regulatory oversight.
  • Limited Liability Partnership (LLP): Offers flexibility with limited liability protection; Good for small to mid-sized firms with multiple partners.
  • One Person Company (OPC): Great for solo entrepreneurs who want to limit liability while maintaining full control.
  • Partnership Firm: Simple to set up; best suited for small businesses with limited investment and informal structures.
  • Subsidiary Company: A foreign company can establish a construction subsidiary in India, offering tax and operational benefits.

In New Delhi, the stamp duty on an LLP Agreement is charged at 1% of the total capital contribution.

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Benefits of Starting a Construction Company in India

The Indian market presents numerous advantages for construction entrepreneurs:

  • Massive Market Demand: The need for housing, commercial spaces, roads, and public infrastructure is growing rapidly.
  • Government Push: Schemes like AMRUT, Smart Cities Mission, and PMAY are fueling construction activity.
  • Urbanisation: Rapid growth in Tier 1 and 2 cities increases residential and commercial needs.
  • Real Estate Boom: Increased investment in the real estate sector drives demand for contractors and developers.
  • High Revenue Potential: Construction projects often have high profit margins if well-managed.

Requirements to Start a Construction Company

Here are the basic requirements to legally and effectively start your construction business:

  • Choose a Legal Structure (e.g., Pvt Ltd, LLP, Partnership)
  • Company Registration with the Ministry of Corporate Affairs (MCA)
  • PAN, TAN & GST Registration
  • Professional Tax and Labour Law Compliance
  • Business Bank Account for financial operations
  • Construction Licenses/Permits, such as contractor licenses, environmental clearances (if applicable)
  • ESIC and EPF Registration if you employ workers
  • Insurance Policies for worker safety and project liability

How to Start a Construction Company?

Here’s a step-by-step guide to starting your construction business:

  1. Conduct market research
    Understand demand, competition, and legal requirements in your target area.
  2. Write a business plan
    Include financial projections, service offerings, niche focus (residential, commercial, etc.), and marketing strategy.
  3. Choose your legal structure
    Decide whether a Pvt Ltd, LLP, or Partnership suits your needs best.
  4. Register your business
    Complete the incorporation process with the Registrar of Companies or local authorities.
  5. Obtain licenses and approvals
    Apply for necessary permits like a contractor license, GST, labour licenses, etc.
  6. Secure funding
    Consider business loans, working capital, or private investors to fund initial operations.
  7. Set up office & hiresStaff: Establish a physical office, recruit skilled workers, engineers, and subcontractors.
  8. Create branding & marketing strategy: Build a website, showcase past work, leverage social media, and network in local real estate circles.
  9. Build supplier & vendor networks: Establish relationships with material suppliers, equipment vendors, and service providers.
  10. Launch your services: Start bidding on projects and deliver quality work to build a reputation.

Documents Required for Construction Company Registration

Here’s a list of essential documents you’ll need for company registration:

  • Identity Proof: PAN card and Aadhaar card of all directors/partners.
  • Address Proof: Utility bill, passport, or driving license of directors/partners.
  • Business Address Proof: Rental agreement or electricity bill of office premises.
  • Company Documents:
  • Business Bank Account for financial operations
    • Memorandum of Association (MoA) & Articles of Association (AoA) for Pvt Ltd or OPC.
    • LLP Agreement for LLPs
    • Partnership Deed for partnership firms
  • Photographs: Passport-sized photos of all promoters.
  • Digital Signature Certificate (DSC): Required for online registration.
  • Industry-specific Licenses: Depending on your service type and region.

Conclusion

Starting a construction company in India is a solid business opportunity with high growth potential. With the country’s focus on infrastructure development and urban expansion, demand for skilled construction services continues to rise. From choosing the right business structure to complying with legal regulations, securing funds, and building a skilled team, each step is crucial.

With the right foundation, planning, and execution, your construction company can grow into a profitable, sustainable enterprise that shapes skylines and supports economic development.

Frequently Asked Questions

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Register your Business starting at just 1,499 + Govt. Fee

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Register your Limited Liability Partnership in just 1,499 + Govt. Fee

Register your business

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

How do I register as a construction company in India?

To register a construction company in India, follow these steps:

  1. Choose a Business Structure
  2. Name Reservation
  3. Obtain Digital Signatures (DSC)
  4. Company Registration with MCA
  5. Open a Business Bank Account
  6. Obtain GST Registration
  7. Apply for Construction-Specific Licenses
  8. Comply with Labour and Environmental Laws

How much does it cost to register a construction company in India?

The total cost of registering a construction company in India depends on factors like the business structure you choose (such as a Private Limited Company, LLP, OPC, or Partnership Firm) and your location. Each structure has different government fees and compliance requirements.

Additional expenses may include:

  • Digital Signature Certificates (DSCs)
  • Professional fees
  • GST registration
  • State-specific licenses or permits

Is GST registration mandatory for a construction company?

Yes, GST registration is mandatory if:

  • Your annual turnover exceeds ₹20 lakhs (₹10 lakhs in special category states).
  • You work on interstate projects or government contracts.
  • You want to claim the Input Tax Credit (ITC) on raw materials and subcontractor services.

Even if not mandatory by turnover, many construction businesses voluntarily register to benefit from ITC and credibility with clients.

What is the tax rate for construction companies in India?

Tax rates depend on your business structure and type of services:

  • Corporate Tax: 25% (plus surcharge and cess) for domestic companies under the new regime.
  • LLPs: 30% + applicable surcharge/cess.

Sarthak Goyal

Sarthak Goyal is a Chartered Accountant with 10+ years of experience in business process consulting, internal audits, risk management, and Virtual CFO services. He cleared his CA at 21, began his career in a PSU, and went on to establish a successful ₹8 Cr+ e-commerce venture.

He has since advised ₹200–1000 Cr+ companies on streamlining operations, setting up audit frameworks, and financial monitoring. A community builder for finance professionals and an amateur writer, Sarthak blends deep finance expertise with an entrepreneurial spirit and a passion for continuous learning.

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 Difference Between Sole Proprietorship and One Person Company

Difference Between Sole Proprietorship and One Person Company

When deciding between a One Person Company (OPC) and a Sole Proprietorship (SP), understanding their core differences is crucial. An OPC is a legal entity with limited liability, separate from its owner, which can be beneficial for protecting personal assets. In contrast, a Sole Proprietorship is not a separate legal entity; here, the owner bears full responsibility for business liabilities, making it simpler but riskier.

Factors such as liability, compliance requirements and tax benefits may impact your choice between OPC and SP. While OPC offers better legal protection, SP provides simplicity and minimal regulatory obligations.

This guide will evaluate opc vs sole proprietorship in detail. 

Table of Contents

What is One Person Company (OPC)?

A One Person Company (OPC) is a company structure in India that allows a single individual to establish a business with limited liability. It provides the benefits of a corporate entity while retaining the simplicity of sole ownership.

Unlike a sole proprietorship, an OPC is a separate legal entity. This means it can own assets, enter into contracts, and protect the owner's personal assets from business liabilities.

OPCs operate under regulatory requirements similar to private limited companies but are tailored for single ownership. Additionally, the member must appoint a nominee to take over the business in case of the owner's incapacity or death.

What is Sole Proprietorship?

A sole proprietorship is a simple business structure, where the business is owned and managed by one individual. This makes it ideal for small businesses or individual entrepreneurs. The meaning of a sole proprietor is essentially someone who is the sole beneficiary of all business profits and is personally liable for any debts incurred by the business. There is no particular Sole Proprietorship Act in India. 

Unlike a One Person Company, a sole proprietorship does not separate the business entity from the owner. This means that all legal, financial and operational responsibilities rest with the proprietor, who has full control over decision-making and retains all profits.

Operating as a sole proprietor allows for flexibility and ease in starting or closing a business. There are minimal regulatory formalities, although certain licences may be required for specific sectors, like medical or food services. 

One Person Company vs Sole Proprietorship

Here is a detailed analysis of the difference between sole proprietorship and one person company:

Criteria Sole Proprietorship One Person Company (OPC)
Definition An unincorporated business owned and operated by a single individual, making it the simplest business form. A business structure introduced under the Companies Act 2013, allowing a single person to own a company with limited liability.
Liability The owner has unlimited personal liability, meaning their personal assets are at risk for business debts. Offers limited liability protection to the owner, so personal assets are generally safeguarded from business liabilities.
Formation and Compliance Minimal formalities required for setup, as it is not registered under any specific act. Requires registration with the Registrar of Companies (RoC) and submission of documents like MoA and AoA.
Continuity Business depends entirely on the owner’s existence; it ends if the owner dies or is incapacitated. Separate legal entity status allows the OPC to continue even if the owner passes away, with a nominee assuming control.
Fundraising Limited to personal savings, bank loans or funds from informal sources, which can hinder growth. Better positioned for fundraising through equity shares, allowing more potential for expansion.
Taxation Income is taxed as per individual income tax slabs, making tax management straightforward. Taxed as a company with applicable corporate tax rates, requiring additional annual filings with RoC.
Business Name Generally uses the owner’s name or a trade name, with no specific suffix required. Must include “OPC” in the company name, as mandated by law.

Sole Proprietorship Advantages and Disadvantages

Advantages of Sole Proprietorship

Quick Decision-Making

With full control, the sole proprietor can make prompt decisions, aiding responsiveness and agility in business operations.

Confidentiality

All business information remains private to the owner, enhancing operational discretion.

Ease of Formation and Low Costs

Starting a sole proprietorship involves fewer legal requirements, keeping setup costs low.

Direct Incentives

The owner retains all profits, providing direct motivation for business success.

Disadvantages of Sole Proprietorship

Unlimited Liability

The proprietor’s personal assets can be used to cover business debts, increasing financial risk.

Limited Access to Capital

Raising funds can be challenging, as sole proprietors often rely on personal savings or small loans.

Lack of Business Continuity

The business may end with the owner's incapacity, death or insolvency, impacting long-term stability.

Limited Specialisation

Managing all aspects of the business alone can hinder growth and focus on key areas.

One Person Company (OPC) Advantages and Disadvantages

Advantages of One Person Company

Limited Liability

The owner's liability is limited to the capital invested, safeguarding personal assets from business debts.

Separate Legal Entity

Being legally distinct enhances the company's credibility and professionalism.

Tax Benefits

OPCs enjoy certain tax benefits, such as lower rates and deductions on business expenses.

Single Ownership with Control

The owner retains full control over operations, simplifying decision-making.

Disadvantages of One Person Company

Limited Funding Options

OPCs cannot raise funds from the public, which may restrict growth opportunities.

Compliance Requirements

Annual filings, account maintenance and meetings are required, adding to operational tasks.

Nominee Requirement

The need for a nominee can be limiting for owners wanting complete control.

Naming Restrictions

"One Person Company" must be part of the company’s name, reducing flexibility in branding.

Frequently Asked Questions:

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Register your Private Limited Company in just 1,499 + Govt. Fee

Register your business
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Register your One Person Company in just 1,499 + Govt. Fee

Register your business
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Register your Business starting at just 1,499 + Govt. Fee

Register your business
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Register your Limited Liability Partnership in just 1,499 + Govt. Fee

Register your business

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

Which is better, OPC or sole proprietorship?

When evaluating one person company vs sole proprietorship, the decision depends on your business goals. An OPC offers limited liability, protecting personal assets and provides credibility as a separate legal entity, which may attract investors. In contrast, a sole proprietorship is simpler to set up with fewer compliance requirements, but the owner is personally liable for business debts. 

Can a sole proprietorship be converted to OPC?

Yes, a sole proprietorship can be converted to an OPC. The process involves registering a new OPC and transferring the business’s assets and liabilities, following the regulations laid out by the Ministry of Corporate Affairs (MCA).

What are the tax benefits of OPC?

An OPC enjoys various tax benefits compared to a sole proprietorship. For example, OPCs can claim deductions on business expenses, such as salaries, office rent and travel costs. Additionally, OPCs benefit from lower corporate tax rates compared to individual tax rates applicable to sole proprietorships. 

How is OPC taxed?

An OPC is taxed as a private limited company, subject to corporate tax rates rather than individual tax rates. The current corporate tax rate in India for domestic companies is typically lower than the personal income tax rate applicable to sole proprietorships. 

Why is OPC a private company?

An OPC is classified as a private company because it operates with a single owner and has similar structural features to a private limited company, such as limited liability, a separate legal entity and compliance requirements. 

Can a sole proprietorship have employees?

Yes, a sole proprietorship can hire employees. The business owner, however, remains personally liable for any obligations or liabilities arising from employment, as the structure lacks limited liability protection.

Is a one person company the same as sole proprietorship?

No, a one person company is not the same as a sole proprietorship. While a one person company has a separate legal entity, a sole proprietorship does not have it. Moreover, the liability of the owner is limited in a one person company, as opposed to a sole proprietorship, where the owner’s liability is unlimited. 

Mukesh Goyal

Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

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ROC Compliance Calendar 2025–2026: Important Filing Due Dates for Companies & LLPs

ROC Compliance Calendar 2025–2026: Important Filing Due Dates for Companies & LLPs

Companies and LLPs in India are legally obligated to comply with annual filing requirements under the Companies Act, 2013, and the Limited Liability Partnership Act, 2008. These filings with the Registrar of Companies (ROC) must be completed annually or triggered by specific events. Timely compliance is crucial for companies and LLPs to avoid substantial penalties that can negatively impact business operations and reputation.

Table of Contents

The ROC is a regulatory body under India's Ministry of Corporate Affairs (MCA) responsible for company registration, statutory record maintenance, and ensuring adherence to the Company Act and associated regulations. Non-compliance with ROC filings can result in:

  • Fines and penalties
  • Legal actions against the company and directors
  • Damage to the company's credibility and reputation
  • Difficulties in seeking funding or partnerships

On the other hand, timely compliance demonstrates a commitment to transparency and good governance, which can attract customers, partners, and investors. It also helps avoid heavy penalties and late fees that can strain a company's finances.

ROC Filing Due Date: Detailed Calendar

Here are the key ROC compliance forms and ROC filing due dates for the financial year 2025-2026:

Form Purpose Applicable To Due Date
MSME-1 Reporting outstanding payments to MSMEs > 45 days All specified companies 30.04.2025 (Oct–Mar) 31.10.2025 (Apr–Sep)
NDH-3 Half-yearly return filing for Nidhi companies Nidhi companies 30.04.2025 (Oct–Mar) 30.10.2025 (Apr–Sep)
Form-11 (LLP) Annual return of LLP with business and partner details All registered LLPs 30.05.2025
FC-4 Annual return of foreign company Foreign companies 30.05.2025
NDH-1 Return of statutory compliances Nidhi companies (as applicable) 29.06.2025
DPT-3 Reporting deposits and loans Every company 30.06.2025
PAS-6 Share Capital Audit Report Reconciliation Unlisted public companies 30.05.2025 (Mar) 29.11.2025 (Sep)
FLA Annual return to RBI for FDI/ODI holders Companies with FDI/ODI 15.07.2025
DIR-3 KYC KYC of Directors/DPs All DIN/DPIN holders as on 31.03.2025 30.09.2025
FC-3 Filing annual accounts of foreign company Foreign companies’ branches, liaison, and project offices 31.12.2025
CRA-2 Appointment of Cost Auditor Companies requiring cost audit 30 days from BM or 180 days from 01.04.2025, whichever is earlier
ADT-1 Appointment of Auditor Every company 14.10.2025 (15 days post AGM) 11.10.2025 (OPC)
AOC-4 / XBRL / CFS Filing of annual financial statements Specified companies 29.10.2025 (30 days from AGM) 27.09.2025 (OPC)
MGT-14 Filing resolutions on board report and accounts adoption Limited companies 30 days from board meeting
Demat for Pvt Cos Mandatory demat compliance under amended rules Private companies (excluding small/govt. companies) 30.06.2025
Form-8 (LLP) LLP’s Statement of Account & Solvency Every LLP 30.10.2025
MGT-7 / MGT-7A Annual return with company details MGT-7: All companies MGT-7A: Small Co. / OPC 28.11.2025
CRA-4 Filing of Cost Audit Report Companies under cost audit 30 days from receipt of cost audit report
CSR-2 Reporting on Corporate Social Responsibility contribution Companies required to comply with CSR provisions Due date generally aligns with AOC-4 filing

It's important to note that these ROC filing due dates are tentative and may be revised by the regulatory authority from time to time. Additionally, certain event-based compliances are also applicable in addition to these basic annual compliance obligations. It's crucial to keep track of the applicable due dates for each form to ensure timely compliance and avoid penalties.

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Frequently Asked Questions

What is the due date for ROC filing?

The due dates for ROC filing vary depending on the specific form and the company's financial year-end. Key due dates include:

  • Form-11 (LLP): Within 60 days from the end of the Financial Year
  • DPT-3: On or before 30th June
  • DIR-3 KYC: 30th September
  • AOC-4: Within 30 days of AGM conclusion
  • MGT-7: Within 60 days from AGM conclusion

Refer to the detailed list of forms and due dates in the article for more information.

How to check ROC compliance status?

You can check your company's ROC compliance status by following these steps:

  1. Visit the Ministry of Corporate Affairs (MCA) website: www.mca.gov.in
  2. Click on the "MCA Services" tab and select "View Company/LLP Master Data"
  3. Enter your Company Identification Number (CIN) or Limited Liability Partnership Identification Number (LLPIN) and captcha code

Click on "Submit" to view your company's master data, which includes the compliance status for various filings

What are the ROC compliances?

ROC compliances refer to the mandatory filings and disclosures that companies and LLPs must make with the Registrar of Companies (ROC) as per the Companies Act, 2013, and the Limited Liability Partnership Act, 2008. These include:

  • Annual filings such as AOC-4 (Financial Statements), MGT-7 (Annual Return), and Form-11 (Annual Return for LLPs)
  • Event-based filings such as PAS-6 (Share Capital Audit Report Reconciliation), ADT-1 (Appointment of Auditor), and MGT-14 (Filing of Resolutions)
  • KYC filings such as DIR-3 KYC for directors and designated partners
  • Other filings like DPT-3 (Return of Deposit), MSME-1 (Outstanding Payments to MSMEs), and CSR-2 (Corporate Social Responsibility Contribution)

How to do ROC form filing?

To file ROC forms, follow these general steps:

  1. Obtain a Digital Signature Certificate (DSC) for the authorised signatory
  2. Register on the MCA portal (www.mca.gov.in) using the DSC
  3. Select the appropriate e-Form from the MCA portal
  4. Fill in the required details and attach necessary documents
  5. Pay the applicable filing fees online
  6. Digitally sign the e-Form using the DSC
  7. Submit the e-Form on the MCA portal

Note that the specific process may vary slightly depending on the form being filed. It's advisable to consult a professional or refer to the MCA's detailed instructions for each form.

Are the forms that need to be filed with ROC monthly or yearly?

Most ROC forms are filed annually or based on specific events, rather than monthly. Some key annual filings include:

  • AOC-4 (Financial Statements)
  • MGT-7 (Annual Return)
  • Form-11 for LLPs (Annual Return)
  • DIR-3 KYC for directors and designated partners

However, certain forms like MSME-1 (Outstanding Payments to MSMEs) and PAS-6 (Share Capital Audit Report Reconciliation) are filed half-yearly. Event-based filings such as ADT-1 (Appointment of Auditor) and MGT-14 (Filing of Resolutions) are submitted as and when the relevant events occur.

Mukesh Goyal

Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

Read more

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