Friday, October 23, 2020

Licenses / Registrations Required for a Business : by CA Nischal R B

 

Licenses / Registrations Required for a Business

The process of obtaining license changes from one type of business to the other, based on various determining factors like the number of employees, sector, the type of business, the place of business etc. In this little article, we look at some of the most commonly obtained licenses or registrations for a business.

Company or LLP Registration

Most businesses in India are started as proprietorships or partnership firms, without any registration from the Central Government. The Ministry of Corporate Affairs regulates the registration of a company and LLP. It is advisable for Entrepreneurs who have plans for operating a business with an annual turnover of more than Rs.20 lakhs to obtain a LLP or Company registration. Once, a company or LLP is registered, the entity would have a separate legal identity and the promoters would enjoy limited liability protection. Further, the business would also become easily transferable and the entity would have perpetual existence. Hence, before starting a business, its best to consult an expert and register a company or LLP.

GST Registration

All types of entities and individuals who have an aggregate annual turnover of more than Rs.20 lakhs in most State and Rs.10 lakhs in Special Category States are required to obtain GST Registration. Further, any person supplying goods involved in intra-state supply is required to obtain GST Registration, irrespective of turnover. In addition to the above criteria, various other criteria has been provided under the GST Act, establishing the criteria’s for GST registration. It is important for all Entrepreneurs to understand the criteria’s and obtain GST registration within 30 days of starting a business.

Udyam / MSME / Udyog Aadhar Registration

 This is a registration available for entrepreneurs who want to start and operate a small business – micro, small and medium enterprises. The eligibility criteria for obtaining this registration is based on the investment in plant & machinery made by a manufacturing concern or investment in equipment made by a service provider. Once, this registration is obtained for a business, it can enjoy various subsidies and schemes specially provided by the Government for helping small businesses in India.

FSSAI License or Registration

 “Food safety and standard authority of India”(FSSAI), is responsible to verify the safety and standardization of food products nationwide. Retail stores, restaurants, modern trade outlets, kiosks and consumers alike look for this five letter word in their food packets or containers.

Under FSSAI, the license or registration is divided into three categories namely:

  • FSSAI Central License
  • FSSAI State License
  • FSSAI State Registration

Import Export Code

Any person involved in import or export of goods/services from India must obtain Import Export Code from the DGFT Department. To obtain Import Export Code, it is mandatory for the business to have a PAN and a Current Account in a bank.

Shop and Establishment Act License

“The Shop and Establishments Act”, was created for regulating the conduct of business like the hours of work, child labor, payment of wages, safety and general health of the employees. Shop and Establishment Act license or registration is issued by the State Governments and varies from States. Hence, based on the State in which the business is situated, the concerned State Government authority must be approached for obtaining Shop and Establishment Act License.

Other Licenses and Registrations

Certain types of business that involve aspects of dealing or providing insurance, financial services, broadcasting services, defence related services, etc., would require approval from regulatory bodies like Reserve Bank of India, IRDAI, etc.,

Further, a business may also have to obtain permits from the fire department, or the pollution control board, or maybe the local healthcare system. It all depends on the type of business you are willing to operate. Hence, prior to starting a business, make sure you discuss your business with a Professional to determine and understand the legal and regulatory requirements.

 

 

Market Retrospect & Outlook : by Sanjeev Jain

 

After three consecutive months’ (June, July & August) strong performance, the Indian equity markets have shown the sign of nervousness in the month of September 2020. Huge volatility have been seen during the month with downside bias. The NSE - Nifty 50 lost its 400 points or 3.43% since August 28, 2020 to 11247.05, while BSE – Sensex down by 1400 points or 3.54% to 38067.93 over the same period. It was mainly because of the fear that a fresh lockdown may be imposed as the COVID-19 cases saw a spike, rising India-China border issue, coupled with bleak economic data especially in the USA which led to selloff in risky asset classes across the globe. On the economy front, owing to the complete lockdown in the country, India's Q1FY21 GDP contracted by a massive 23.9% YoY. It was the first GDP contraction in more than 40 years. Several rating agencies/brokerage houses have estimated a GDP contraction of more than 10% for FY21. Previously GDP contraction was estimated in between 5-6% for FY21. Hence, this negative outlook on the growth front have also weighed on FPIs sentiment. Consequently, FPIs were remained the net seller in Indian equity market. FPIs have taken out ~Rs.5689.87 crores from the Indian Equity during the month. This was FPIs first net selling in Indian markets, after three consecutive months of net buying (from June to August 2020).

India is one of the most affected countries from the coronavirus pandemic. So far, the confirmed Covid-19 cases in India crossed to 6550000, while more than 100000 people have died. On the positive front more than 5500000 patients have been recovered in India from the deadly virus infection. Globally, the number of confirmed cases now crossed to 35000000, wherein, 1030000 plus deaths have been recorded due to virus. However, in order to slow down the spread of the virus, India’s government implemented a countrywide lockdown in late-March, and was subsequently extended several times. Stringent restrictions halted most economic activities and caused millions of people, many of them daily wage earners, to lose their jobs and revenue streams. Hence the lockdown took a toll on the economy. Globally, the Covid-19 pandemic has brought countries to a complete stand-still and pushed the global economy into one of the worst recessions of recent times.

Now the current major challenge in front of the governments (globally) is to revive their economic growth. Back home, Indian businesses have suffered the consequences of poor consumer demand and supply fluctuations etc. So the need of the hour for Indian government is to formulate such an effective policies which will help in demand revival in the economy. However, the government of India and RBI already stated that they have kept their eyes closely on the current economic status and will take necessary actions as and when required. It is also clearly visible that the Government is taking all necessary steps to ensure that India is prepared well to face the challenge and threat posed by virus. 

Market participants have been guessing for a second round of stimulus from Government however given the fact that India fiscal deficit have already hit 109% of budgeted levels and borrowing limit also kept unchanged at Rs.12 trillion. So here we need to watch carefully that how government would like to handle country’s revenue-expenditure account with keeping in mind of country sovereign rating issue. The divestment of LIC would be a big fish for the Government as far as divestment is concerned, although the timing is all about.

From early October 2020, Indian corporates will start reporting their Q2FY21 & H1FY21 results. This time companies’ half yearly financial report card will play a vital role for the market, as it will clear the picture of economy unlock impact on the companies financials to a large extent. RBI is scheduled to announce its monetary policy review in the month of October 2020 amid increased demand for the waiver of interest on interest on outstanding loans. Hence the policy decision along with governor’s commentary will be closely watched. On the global front, with the U.S Presidential elections now entering into last leg, Mr Donald Trump has tested Covid positive, thus throwing further uncertainty over the future course of events. So going ahead, corporate earnings, RBI policy stance, government’s financial stimulus announcements (if there), sector the government decides to incentivise (if any), Indo-China border issue and U.S Presidential election status/outcome will dictate the market trend. I strongly believe that market corrections are the good friends for long term investors, as investors can accumulate good quality companies at lower valuations. The recent correction are actually giving the opportunity for investment. I believe those who is looking to park money for long term time perspective then equity is the best parking area for them under the current juncture.

India GDP growth outlook by major Rating Agencies:

The Indian arm of Fitch Ratings, India Ratings and Research (Ind-Ra) has projected India’s FY21 GDP growth forecast at -11.8% as against its earlier prediction of -5.3%. Fitch Ratings, meanwhile, cut its growth forecast for India for FY21 to a contraction of 10.5%, more than double the 5% contraction projected in June 2020.

Moody’s Investors Service lowered India’s projected GDP growth rate to -11.5% for FY21 financial year from -4% estimated earlier. The global rating firm said the collapse in India’s GDP in the first quarter was one of the sharpest among all major G-20 economies.

S&P Global Ratings has cut India's FY21 GDP forecast to -9% from -5% as it believes that rising COVID-19 cases in the country will keep private spending and investment lower for longer than anticipated.

Domestic rating agency ICRA has revised its forecast for the contraction in India's FY21 GDP to 11% from its earlier assessment of 9.5%. The agency, which was earlier estimating a contraction of 9.5%, said the revision has been done as the rate of new COVID-19 infections remains elevated.

Major Key Events during September 2020

Index of Industrial Production (IIP):

Industrial production in India shrank 10.4% YoY in July 2020, following a downwardly revised 15.8% fall in June 2020. It marks the fifth straight month of falling industrial output due to the coronavirus pandemic and a prolonged lockdown.

 

 

Wholesale Price Index (WPI) Inflation:

India’s WPI Inflation for August 2020 rose to 0.16% after being in the negative zone for four straight months as food items and manufactured products turned costlier. WPI was -0.58% in July 2020 and 1.17% in August 2019.

Consumer Price Index (CPI) Inflation:

India's retail inflation for the month of August stood at 6.69%, slightly lower than 6.73% recorded in the previous month. The CPI inflation rate for July has been revised to 6.73% from 6.93% earlier.

SEBI Released New Multi-Cap Fund Guideline:

Multi-cap funds, which are one of the most popular categories of equity mutual funds, are going to change fundamentally. The SEBI changed rules mandating that multi-cap fund should invest at least 25% of total assets in each of large, mid and small caps stocks. While earlier such schemes had to invest 65% assets in equities, there were no category-wise allocation thresholds. Overall, the minimum investment in equities by these funds is required to be not less than 75% at any given point of time.

Fed Leaves Interest Rates Unchanged:

In a widely anticipated move, the Federal Open Market Committee (FOMC) has voted to keep interest rates at zero to 0.25% to support the wounded U.S. economy as it recovers from the deep impact of the Covid-19 lockdowns. The committee also signalled it would hold them there through at least 2023, vowing to delay tightening until the U.S. gets back to maximum employment and 2% inflation.

Bihar Elections 2020 Schedule:

The Election Commission of India has announced schedule for General Election to the Legislative Assembly of Bihar 2020, which will be conducted in three phases in October and November. The results will be announced on November10.

India’s Current Account Balance:

India posted a healthy current account surplus in Q1FY21 on the back of lower trade deficit. According to Reserve Bank of India's data, India’s current account balance (CAB) recorded a surplus of USD 19.8 billion (3.9% of GDP) in the April-June quarter (Q1FY21), compared to a USD 15.0 billion  (2.1% of GDP) deficit in the same period last year. The surplus in the current account in Q1 of 2020-21 was on account of a sharp contraction in the trade deficit to $10 billion due to steeper decline in merchandise imports relative to exports on a YoY basis.

 

 

Thanks & Regards

Sanjeev Jain

Vice President – Equity Research

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