Setting Up New Business
An entrepreneur starting a new business might typically fall into any one or more of the below variants.
Besides the operations -oriented protocols, commencing a business today in India means observing compliances under multiple laws with reasonable accuracy and correctness of data on a consistent basis.
HVCS Recommends the Following Step-by-Step Methodology
Structure
Typically, the most ignored aspect is the choice of the type / structure / vehicle in which the business is supposed to be carried on. An entrepreneur is generally guided by peer direction or some thoughtless advice or by one’s own judgement and decision. An inappropriate choice exercised at this stage might lead to unwarranted wastage of resources and time.
At HVCS, we provide focused advice on this aspect via a session: “Pre-commencement counselling” wherein our core team would brainstorm with the entrepreneur with an objective to understand the mindset, business plans, profile of stakeholders, market potential, financial model, etc, based on which an appropriate structure would be planned.
Then comes the formation process, which would be handled by our execution team- the various options being: Proprietary concern / Partnership Firm/Company-Private Limited or Public Limited/Limited Liability Company/OPC (One Person Company).
Capital Structure and Investment Modelling
Decision would be arrived at in respect of the overall capital structure that would be required – Promoters’ stakes, Debt component – most workable and feasible, Tranches of funding required- nature of investor – Strategic/Financial/other, planning end use, whether to register as Start up, etc
Trade Mark / IP/Brand Registration
If the promoter/entrepreneur has already developed an unique product or conceptualized an idea or framed a domain name or brand, we would handhold the process of introducing it into the business entity, initiate steps to enable registration of the same, enable valuation of the same and thus, build safeguards in respect of replication or duplication in a legal perspective. In such a case, we would create a Founder’s agreement that legally establishes the rights, ownership, responsibilities, dispute resolution and other terms executed between the founders and the company.
General : PAN/TAN/GST/Shops and Establishment
Specialized: IE code/FEMA procedures/PF/ESI
(Standard Operating Procedures) in respect of each department/function with a view to ensuring adherence to statutory regulations, consistency and clarity in respect of key functions of an enterprise.
Assistance in HR related activities like streamlining the recruitment process, talent acquisition, framing employee contracts, offer letters, contract / consultancy agreements, framing KRAs / R&Rs for key staff, ESOP schemes, sexual harassment, policies related to medical, insurance and other benefits.
Vendor registration process and forms, Purchase orders, Trade agreements, Lease or rental agreement, Equipment lease agreement, Indemnity agreement, Non – disclosure agreements, Non-compete agreement, franchise agreement, Joint venture agreements, RFP (request for proposal) document, Royalty agreement, function based contracts like fixed price/Cost-reimbursement/unit price/time and materials/cost plus/bilateral/ unilateral/implied, etc.