Procedure and requirement of registration of company to sell software

767 votes

Hello,

You can not sell any property under the name of any unregistered company as the same will attract a lot of legal difficulty for you in future, I suggest you to go ahead and register yourself as a single person company.

Regards

Advocate Anilesh Tewari LawRato

848 votes

There is no specific legislation to sell softwares in India. Thereby an individual/ proprietor/unregistered company can sell softwares in India . However the sale of software like any other transaction, is governed by the common law principles embodied in the Indian Contract Act. In order to have a valid contract it is required that both the parties should be legal entities. Hence, it is advisable to have a registered company (instead of a contract on the name of unregistered company) in order to get into a valid contract with any other entity. Contracts can be in nature of sale or assignment/license but due to the unique nature of software, they are generally licensed where the owner has extensive rights.

Also, for your information softwares are protectable under copyright law as computer programmes hence alongwith company registration it is advisable to seek Intellectual property protection under the relevant laws.

Advocate Prerna Oberoi LawRato

859 votes

Yes.
You can register an One Person Company Registration in case you want to start business individually or You can register a Private Limited Company Incorporation in case you want to start with two people.

There are some of the following process to set up a Limited company:

1. Obtain Director Identification number (DIN) & Digital Signature Certificate (DSC) :

2. Name Approval: The name should be unique and the name shall include the words foundation, Forum, Association, Federation, Chambers, Confederation, council, and the like etc.

3. Filing of Incorporation Documents Including MOA & AOA of the company

4. Certificate of Incorporation:

There are some of the following documents to set up a Limited company:-

a) Passport size photographs of Director and Shareholders (JPEG format)

b) Proof of identity for Directors: Pan Card is mandatory for Indian national

c) Proof of identity for Shareholders: Voters Identity Card/Aadhar Card Card/Passport/Driving license.

d) Proof of residence both for Director and Shareholders: Bank Statement/Electricity Bill/Mobile Bill/Telephone Bill.

e) Proof for Registered Office of the Company: (a) Electricity Bill/Mobile Bill/Telephone Bill/Gas Bill.

f) After incorporation of your company you need to apply for pan card and the open a bank account in company name

g) Further depending on your nature of business, you have to take service tax Registration, sales tax registration etc.

Advocate Mohit Dhingra LawRato