The 2026 Compliance Knowledge Base
1. The Validraft Platform
01. Is Validraft a CA firm or Law firm?
No. Validraft is a Legal Fintech facilitation platform. All filings are executed by our empanelled network of independent CAs, CSs, and IP Attorneys operating under their own Certificate of Practice, ensuring 100% adherence to the CA Act 1949 and Advocates Act 1961.
02. How does the 100% Transparent Pricing work?
We separate your invoice into two items: 1) Exact Government Fees/Stamp Duties (which vary by state), and 2) Our Professional Execution Fee. Zero hidden fees at checkout.
03. Do you serve clients in Tier 2 and Tier 3 cities?
Yes. Because all MCA, GSTN, and IP India portals are 100% digital, we serve businesses Pan-India, including heavy operations in Bihar, West Bengal, and UP.
04. What is the 2-Hour Response Guarantee?
During business hours (10 AM - 7 PM IST), we guarantee an itemized quote and exact documentation checklist within 2 hours of your initial inquiry.
05. What is Validraft's refund policy?
Government fees are non-refundable. For professional fees: Full refund if claimed within 7 days and no work has started. No refund once applications are filed on any government portal.
2. Company Incorporation (MCA)
06. How long does Pvt Ltd registration take in 2026?
7-10 working days from document submission. The process utilizes the MCA's SPICe+ web form for Name Approval, DIN, DSC, and Incorporation.
07. What is the SPICe+ form?
Simplified Proforma for Incorporating Company Electronically Plus. It integrates 11 services including PAN, TAN, EPFO, ESIC, and Bank Account opening into a single MCA web form.
08. What are the government fees for Pvt Ltd registration?
For ₹1 lakh authorised capital, government fees range from ₹1,500 to ₹3,000 depending on the state's specific stamp duty rates on the MOA and AOA.
09. Can I use a residential address for my Registered Office?
Yes. The Companies Act 2013 permits residential addresses. You require a utility bill (under 2 months old) and a No Objection Certificate (NOC) from the property owner.
10. What is the minimum capital required?
There is no minimum paid-up capital requirement under current law. You can theoretically incorporate with ₹1, though most start with ₹10,000 paid-up capital.
11. Pvt Ltd vs LLP: Which is better for startups?
Pvt Ltd is mandatory if you plan to raise Venture Capital or issue ESOPs. LLP is better for bootstrap service businesses as it has lower compliance and no mandatory audit until ₹40L turnover.
12. What is a One Person Company (OPC)?
An OPC allows a single founder to have limited liability. However, it cannot raise equity funding and must appoint a nominee to take over in case of the founder's death.
13. What is a Section 8 Company?
A Non-Profit Organization registered under the Companies Act. It is highly regulated, credible for CSR funds, and eligible for 12A/80G tax exemptions.
14. Can an NRI or Foreign National incorporate in India?
Yes. 100% FDI is permitted in most sectors via the automatic route. However, at least one Director must be a Resident of India (182+ days in the previous year).
15. Do I need to be physically present for registration?
No. The entire process is 100% online. You will sign all documents digitally using a Class-3 Digital Signature Certificate (DSC) provided by us.
3. Post-Incorporation Compliance
16. What is the INC-20A form?
Declaration for Commencement of Business. It must be filed within 180 days of incorporation, proving founders deposited their capital into the bank. Penalty for non-filing is ₹50,000 on the company.
17. When do I need to appoint an Auditor?
The first Statutory Auditor must be appointed by the Board of Directors within 30 days of incorporation (Form ADT-1).
18. Do I get PAN and TAN automatically?
Yes. The Income Tax Department issues your company PAN and TAN simultaneously with your Certificate of Incorporation via the SPICe+ form.
19. How do I open a corporate bank account?
The SPICe+ form automatically integrates with major banks (ICICI, HDFC, SBI, etc.) to open an account upon incorporation.
20. Can I change my Registered Office later?
Yes. Changing within the same city requires a board resolution (INC-22). Changing states requires Regional Director approval and takes 3-4 months.
4. GST Rules & Filings (2026)
21. Who is required to register for GST?
Mandatory if annual turnover exceeds ₹40L for goods (₹20L in special states) or ₹20L for services. Also mandatory for inter-state sales or selling on platforms like Amazon/Flipkart.
22. What is the government fee for GST registration?
₹0. The GSTN portal does not charge a fee for registration. You only pay for Validraft's professional filing service.
23. What is the E-invoicing limit in 2026?
E-invoicing is mandatory for all B2B transactions if your aggregate annual turnover exceeded ₹5 Crore in any previous financial year.
24. What are the monthly GST return due dates?
GSTR-1 (Sales) is due by the 11th of the following month. GSTR-3B (Tax Payment) is due by the 20th.
25. What is the penalty for late GST filing?
Late fee is ₹50/day (₹20/day for NIL returns), capped at ₹10,000 per return. Unpaid tax liabilities also attract 18% p.a. interest.
26. What is the GST Composition Scheme?
For businesses under ₹1.5 Crore turnover. Allows paying a flat 1%-6% tax rate without complex invoicing. However, you cannot claim Input Tax Credit (ITC) or do inter-state sales.
27. What is Input Tax Credit (ITC)?
ITC lets you deduct the GST you paid on business purchases from the GST you collected on sales. You can only claim it if your supplier uploads their GSTR-1 correctly.
28. Can I have multiple GSTINs for one PAN?
Yes. It is legally mandatory to have a separate GSTIN for every state where you maintain a physical place of business.
29. Can I claim GST back on my car purchase?
No. Section 17(5) blocks ITC on motor vehicles for personal/office use unless your business is specifically in passenger transport, driving schools, or vehicle sales.
30. How do I cancel GST registration?
You must file FORM REG-16. You must clear all dues and file a final GSTR-10 return within 3 months of cancellation to avoid hefty fines.
5. Trademark & Intellectual Property
31. What is the Trademark government fee?
Form TM-A costs ₹4,500/class for Individuals, Udyam MSMEs, and DPIIT Startups. For un-registered private companies, the fee is ₹9,000/class.
32. How long does Trademark registration take?
You get the Application Number (and right to use ™) the same day. Final registration (®) takes 6-12 months following examination and journal publication.
33. What is the difference between ™ and ®?
™ indicates a pending trademark application. ® indicates a legally registered trademark. Using ® before receiving the final certificate is a punishable offense.
34. What are Trademark Classes?
India uses the 45 Nice Classes. Classes 1-34 are for Goods (e.g., Class 25 for clothing), and 35-45 are for Services (e.g., Class 42 for SaaS). Filing in the wrong class voids protection.
35. What is a Trademark Examination Objection?
A standard query by the examiner. You have 30 days to file a legal reply defending the distinctiveness of your mark. Our IP Attorneys draft these responses.
36. Wordmark vs. Device Mark (Logo)?
A Wordmark protects the text name regardless of font or color (broadest protection). A Device Mark protects the specific visual logo design.
37. What is Trademark Opposition?
During the 4-month Journal publication, any third party can file TM-O to oppose your mark. You have 2 months to file a Counter-Statement or the mark is abandoned.
38. How long is a trademark valid?
10 years from the date of filing. It can be renewed indefinitely by filing form TM-R every 10 years.
39. Can I trademark a generic word?
No. Words like "Super Market" or "Best IT" cannot be trademarked. The mark must be distinctive, coined, or arbitrary to the goods sold (e.g., "Apple" for computers).
40. Copyright vs. Trademark?
Copyright protects creative works (books, software code) for lifetime + 60 years. Trademark protects brand identifiers (names, logos) for commerce.
6. MCA / ROC Annual Compliance
41. What is the penalty for late ROC filing?
The MCA strictly charges ₹100 per day, per form (AOC-4, MGT-7) with absolutely no upper limit.
42. What is AOC-4 and MGT-7?
AOC-4 submits your audited financials to the ROC (due Oct 30). MGT-7 submits your shareholding and structural details (due Nov 29).
43. What is DIR-3 KYC?
Annual verification of all Directors' email and mobile numbers. Due by Sept 30. Missing it deactivates the DIN and incurs a ₹5,000 reactivation penalty.
44. What are event-based MCA filings?
Filings triggered by specific actions: Director change (DIR-12), Capital increase (SH-7), or taking a corporate loan (CHG-1). Usually due within 30 days of the event.
45. What is STK-2 (Company Strike-Off)?
The legal form to voluntarily close a defunct company. The company must not have operated for 2 years, and all bank accounts and liabilities must be cleared first.
7. Licences & Startup Registrations
46. What is DPIIT Startup India Recognition?
A status for innovative companies under 10 years old. It grants angel tax exemption, government tender eligibility, and a 50% rebate on trademark fees.
47. What is Udyam MSME Registration?
Free government registration for Micro, Small, or Medium businesses. Gives protection under the MSMED Act (buyers must pay you within 45 days) and collateral-free loan eligibility.
48. Who needs an FSSAI Food Licence?
Every food handler. Basic Registration (Turnover <₹12L), State Licence (₹12L-₹20Cr), or Central Licence (>₹20Cr). Operating without it risks a ₹5 Lakh fine.
49. What is an IEC (Import Export Code)?
A mandatory 10-digit code from the DGFT for importing/exporting goods. It carries a one-time ₹500 fee but requires free annual updation on the DGFT portal.
50. What is Shop & Establishment Registration?
A state-level mandatory registration regulating employee working conditions, leaves, and holidays. Rules and renewal cycles vary heavily by specific state and municipality.
