Crucial Legal Compliance Needs for Start-Ups in India

April 20, 2022
Crucial Legal Compliance Needs for Start-Ups in India

Intro

Statutory compliance is a multi-faceted regulatory mechanism that all types of business models must traverse in India. Numerous laws, with several sections, necessitate business organizations to meet varied statutory compliance needs. Every business establishment must abide by the stipulated statutory and labor law compliance requirements. This makes outsourcing the legal compliance services to an appropriate and experienced service provider a good business idea, especially for start-ups.

The Major Compliance Needs for Start-Ups under Different Categories

  1. Compliance Requirements under the Companies Act, 2013
    Start-ups that are incorporated under the Companies Act, 2013 have to conform to the provisions of this Act. The provisions regulate the appointment of the company’s directors and auditors and how annual general meetings and board meetings must be conducted. Moreover, this Act covers basic needs such as permanent account number, tax deduction and collection account, and bank account. All businesses must comply with these regulations, failing to attract legal penalties.
  2. Labor Law-Related Compliance NeedsStart-ups must comply with the Minimum Wages Act, Industrial Dispute Act, Workmen’s Compensation Act, Sexual Harassment of Women at Workplace Act, etc. Non-compliance will lead to high penalties and if an offense is repeated, the fine amount imposed may be twice that of the first instance. Moreover, failure to meet labor law compliance needs can lead to non-renewal or withdrawal of license or cancellation of the firm’s registration.
  3. Compliance Requirements under Environmental LawsWith increasing attention to nature and the environment, the laws related to the environment have become more stringent. Failure to comply involves facing high penalties and other consequences. In addition to high monetary penalties, imprisonment may also be awarded under the provisions of these laws.
  4. Provisions under the Income Tax Act 1961Every business establishment in India has to file an income tax return every year and is liable under the other procedural demands under this Act. Start-ups are responsible for meeting these provisions. They need to file their returns at the specified time limit. Discrepancies, if any, may be raised through official appeals to the higher authorities.
  5. GST Compliance requirements Start-ups that have an annual turnover below INR 40 Lakhs are exempted from the need for GST registration. However, as your start-up business evolves, you will have to comply with the provisions under the GST Act. With an amalgamation of multiple taxes, GST paves the path for profits for start-ups. The GST law is out with some clear instructions that must be adhered to. To keep tax evasion at bay, GST has come out with some stringent action against offenders. Some offenses will lead to both penalty and seizure of goods.  Always remember that GST non-compliance can attract penalties and imprisonment.

Why is Statutory Compliance Crucial for Every Business?

  • Non-adherence may lead to monetary loss and, at times, even criminal charges
  • Sticking to statutory compliance helps start-ups to build their reputation and goodwill
  • Business processes and operational safety can be improved manifold
  • Public relations can be improved, and brand value can be enhanced
  • Filing returns and ensuring timely payment of taxes can be assured
  • With a system in place to ensure labor law compliance, businesses can tend to their core activities and achieve profits

Efficient Management of Compliance Obligation

Most start-up ventures focus primarily on business expansion and achieving profitability. They may not find sufficient time to meet the challenges associated with statutory compliance requirements. However, complying with all the regulations and standards is paramount for any business.

Outsourcing compliance services to experts will relieve start-ups from spending hefty amounts of money and valuable time. Professional human resource service providers will assist small and medium businesses with labor law compliance, allowing them to focus better on their business processes. Furthermore, start-ups can avoid potential legal liabilities related to non-compliance.

The Role of HR companies in Enabling Start-ups to Meet Every Compliance Requirement

Professional compliance service providers have vast experience; they keep abreast of the industry’s changes in regulations and standards. They offer unique compliance service packages that match the unique needs of start-ups from different industries. The complex regulatory requirements can be met efficiently, and timely filing of returns and payment of taxes can be warranted.

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