Setting up a Manufacturing Business in India
We offer legal guidance on setting up a manufacturing company in India, ensuring navigation through the complex regulatory environment. Our specialized services are tailored to assist entrepreneurs in setting up manufacturing businesses in India efficiently and compliantly.
- We provide end-to-end legal support for setting up a manufacturing plant in India, covering licensing and securing intellectual property rights.
- Our team offers informed advice on local government incentives, critical for establishing a cost-effective manufacturing operation.
- We can facilitate connections with potential investors for business growth and collaboration in the manufacturing sector.
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Procedure for Setting Up a Manufacturing Business in India
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Business Incorporation
Register the business entity (Private Limited Company, Public Limited Company, or Partnership) with the Ministry of Corporate Affairs (MCA) via the SPICe+ form, which includes the application for the company’s name, incorporation, DIN (Director Identification Number) and PAN/TAN. This is the first step in starting a manufacturing company in India.
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Obtain Industrial License
Apply for an Industrial License under the Industries (Development & Regulation) Act, 1951 if the manufacturing business falls under the list of industries that require licensing (like defense, explosives, hazardous chemicals, etc.). This can be done through the e-Biz portal, essential for setting up a manufacturing business in India.
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Land Acquisition and Zoning Compliance
Acquire land in designated industrial areas approved by the state government. Ensure compliance with local zoning and land-use regulations, which can be verified through the local municipal authorities. This step is critical when setting up a manufacturing plant in India.
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Environmental Clearances
Depending on the type of manufacturing and the environmental impact, obtain clearances from the State Pollution Control Board (SPCB) or Central Pollution Control Board (CPCB) under the provisions of the Environment (Protection) Act, 1986.
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Factory Registration
Register the manufacturing facility with the local governing authorities under the Factories Act, 1948. This involves submitting plant layout plans and obtaining a factory license for operations.
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Foreign Investment Facilitation
If the manufacturing business involves foreign direct investment (FDI), ensure compliance with the regulations prescribed by the Department for Promotion of Industry and Internal Trade (DPIIT) under the automatic route or the government approval route, depending on the sector and extent of FDI.
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Goods and Services Tax (GST) Registration
Register for GST if the business turnover exceeds the threshold limit which is subject to change as per tax laws. This is crucial for seamless inter-state and intra-state sales and the availing of input tax credits.
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Compliance with Labour Laws
Comply with relevant labour laws which include registration under the Employee State Insurance Act (ESI), Provident Fund Organization (EPFO) and compliance with the Minimum Wages Act, among others.
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Obtain Necessary Utility Connections
Apply for necessary utilities like electricity and water connections. This typically involves separate applications to the respective state departments or local bodies.
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Annual Compliance and Renewals
Ensure timely renewal of licenses and adherence to filing annual returns with respect to company law, factory regulations, environmental regulations and labour laws.
Documents Required for Starting a Manufacturing Business
1. Photographs of all the Partners or Directors
Photographs of all partners or directors involved in the business are required for identification and documentation purposes.
2. PAN Card of all the Directors
PAN cards of all directors are essential for tax compliance and financial transactions associated with the business.
3. ID Proof of all the Directors
Valid identification proofs such as Aadhar card, Voter ID, Driving Licence or Passport of all directors are needed to verify their identity and establish their eligibility for company leadership roles.
4. Electricity Bill for Address Proof
An electricity bill serving as address proof for the registered office is necessary to validate the business’s physical location.
5. Passport (Mandatory for Foreign Directors)
If any directors are foreign nationals, a passport is mandatory as proof of identity and residency status.
6. Industrial License (if applicable)
Depending on the nature of the manufacturing activities and the products involved, obtaining an industrial license may be necessary. The government prioritizes regulating industries with potential impacts on public health, safety, and national security. Compulsory licenses are mandated for sectors such as tobacco products, defense aerospace, warships, hazardous chemicals, and industrial explosives.
7. Land and Building Documents
This includes Land deed or lease agreement, Land Use Permission from local municipal authority and Building plan approval from municipal corporation or relevant authority.
8. Factory Registration
This includes the Factory license application form, Site plan of the factory premises, and installation list of machinery and equipment.
9. GST Registration and Other Licenses
Obtaining essential registrations and licenses is imperative, these include a GST certificate for tax compliance, a No Objection Certificate (NOC) from the State Pollution Control Board to ensure environmental compliance, and factory insurance policy documents insurance for workers under the Workmen’s Compensation Act. A trade license from the local municipal authority is necessary for legal operation, while Udyog Aadhar registration offers benefits for small and medium enterprises (SMEs).
10. Labour Compliance Documents
In addition to other registrations, compliance with the Employee’s Provident Fund Organisation (EPFO) and Employee State Insurance Corporation (ESIC) is crucial for setting up a manufacturing business in India. EPFO registration ensures that employees receive benefits like provident fund, pension, and insurance, while ESIC registration provides them with medical and disability benefits. Both registrations safeguard the interests of employees and fulfill statutory requirements ensuring compliance with the Minimum Wages Act.
11. Utility Setup
Obtaining a No Objection Certificate (NOC) from the electricity board ensures a reliable power supply and compliance with safety regulations, as well as securing an NOC from the water supply department ensures sustainable water management practices and lawful access to water resources essential for manufacturing processes.
Why Choose Us?
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Legal Solutions
We understand that each manufacturing business is unique, and therefore, we offer customized legal solutions to our clients to start a manufacturing company in India.
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Comprehensive Support
From initial conceptualization to full-scale operations, Burgeon Law provides support at every stage of the process.
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Specialized Knowledge
We possess in-depth knowledge of the regulatory landscape, ensuring seamless navigation through compliance requirements specific to the manufacturing sector.
Work Highlights
Expansion of a Leading Tech Company into the Indian Market
We facilitated the establishment of a greenfield manufacturing facility for a multinational corporation entering the Indian market. Our team navigated complex regulatory requirements, obtaining necessary licenses and permits, and provided strategic advice on land acquisition and construction, enabling the client to commence operations smoothly and expediently.Joint Venture between a Global Pharmaceutical Giant and an Indian Biotech Firm
We assisted a domestic manufacturing company in expanding its operations to multiple states in India. We ensured compliance with diverse state-specific regulations, obtained necessary approvals and registrations, and advised on tax structuring and incentives, facilitating the seamless expansion of the client’s manufacturing footprint across the country.Resolution of a Cross-Border Dispute for an International E-commerce Player
We advised a client on the acquisition and restructuring of a distressed manufacturing business in India. We conducted due diligence, negotiated acquisition terms, and navigated legal complexities related to asset transfer, employee retention, and creditor negotiations, ultimately facilitating the acquisition and successful turnaround of the manufacturing enterprise.Client Testimonials
Your professionalism, attention to detail, and dedication to ensuring our interests were safeguarded did not go unnoticed. Throughout the process, your team, comprising of Ms Khushboo Jha and Mr Shorya Singhal, demonstrated exceptional communication skills and maintained regular follow-ups with the counterparty. This proactive approach not only expedited the completion of the work but also minimized our involvement, allowing us to focus on other important aspects of our business.
We were particularly impressed by Mr Ketan Mukhija’s ability to handle complex negotiations and legal matters with such ease and efficiency. Your expertise and guidance were invaluable, and we are grateful for the positive outcome achieved.
We were particularly impressed by Mr Ketan Mukhija’s ability to handle complex negotiations and legal matters with such ease and efficiency. Your expertise and guidance were invaluable, and we are grateful for the positive outcome achieved.
Mr. Rajesh JainVice President, Swach
Working with the Burgeon Law team was an exceptional experience. They have been our legal advisors ever since the Hocco journey began. Their proficiency in deal management, negotiation skills, insightful counsel and proactive approach to problem-solving were pivotal in ensuring the smooth and timely closure of our investment round. They are not just legal advisors but also strategic partners who bring a wealth of expertise to the table.
Nirali SoniHead - Chona Family Office
Working with Burgeon law as always was a terrific experience. On this deal, Anish and his team demonstrated an unparalleled level of professionalism and dedication in getting the deal done. Their prompt responses and steadfast assistance at every stage of the process were pivotal in ensuring a seamless and timely closure of our investment round. Beyond adeptly managing deal complexities and negotiations, they provided invaluable guidance in navigating critical commercial decisions with sound legal advisory.
Mr. Sanil Sachar Managing Partner - Huddle Ventures
With the expert guidance of Burgeon law, the investment deal was successfully closed. their proficiency in managing the legal paperwork and facilitating discussions among multiple stakeholders was crucial. Their dedication ensured a smooth and efficient process, marking a significant milestone for all parties involved.
Mr. Vijay Sharma Founder - Fabriclore
Roma and her team at Burgeon Law blend business practicalities within legal boundaries and create implementable outcomes. They keep a professional, yet thorough and balanced approach while negotiating with an Investor. Their availability and ability to think on their feet sets them apart from other firms. They are always mindful of the kind of assistance required by businesses at different stages, which makes their advice bespoke and highly customized. Working with them was an evolving exercise and we look forward to more future projects together.
Ashish KashyapFounder - INDMoney
I have worked with Ketan in Srei Equipment Finance Limited on a range of legal challenges related to our business of equipment leasing and receivables purchase. Ketan had an exceptional ability to balance between retaining our legal advantages and providing a solution for practical business and commercial deadlocks. I look forward to working with him again.
Vineet Pasari Founder and CEO at Assetz Finanz
I have worked with Roma and her team over 100 different transactions over the last decade. Burgeon Law with a team of maestros who understands the requirements of both startups and investors. They have a blend of Legal and Technology with deep knowledge of the tech ecosystem and have experience of managing transactions of different sizes and complexities.
Rajesh SawhneyFounder & CEO - GSF Accelerator
Biryani By Kilo has immensely benefited from our association with Burgeon Law. Other than great legal advice, Roma and her team with their sensitivity and understanding of legal challenges of our industry assisted as a great partner in the growth of Biryani by Kilo. Best wishes for great success to them.
Vishal Jindal Founder -Biryani By Kilo
I have known Ketan to be a proactive solution oriented counsel who is known for his ability to offer balanced advice in a deal which makes him a preferred counsel not only for his clients but also amongst other parties in the deal. His ability to foresee the risk parameters and to provide for a mitigation mechanism is definitely praiseworthy.
Varun KhandelwalDirector at Buller Capital Pvt Ltd
Roma is able to look at the issues both at macro as well as micro level; and has always been able to come up with implementable strategies. Her understanding of tech space is deep and nuanced, which is reflected in the strategic inputs she provides. We have the confidence of reaching out to her because she is dependable and has a robust team to provide end-to-end support. They are our go-to support system and we found their assistance during the fund-raising process absolutely trustworthy, proactive and forward moving with a remarkable turnaround.
Radhika GhaiFounder - Kindlife, Ex Co-Founder - Shopclues
AngelList India’s experience with Burgeon Law has been nothing short of spectacular. The way they’ve handled our fast-paced deal-making and took over our entire legal process including entrepreneurial approach towards transactions, tracking, negotiation, immediate feedback loops, and diligent turnarounds. I’d recommend them to anyone who wants in on our secret to quick closures.
Utsav SomaniPartner - AngelList India
Ketan is one of the most efficient and thorough corporate legal counsel who would provide an expert and articulate advice across a plethora of business situations.
Sourav DaspatnaikChief Executive Officer, Swach Environment Private Limited
The team at Burgeon Law works with an outcome-oriented approach, which helps them plan the course of action and strategy from the very beginning. Especially for start-ups, they understand their specific issues extremely well. Once we started working with them, they have advocated and protected our interests - both from the perspective of a startup organization as well as in individual capacity of the founders. We have been satisfied with the way they have negotiated effectively with investors and at the same time recommended solutions and workarounds to make sure the process keeps moving forward. They are super quick which is much needed for any startup or investor.
Sachin BhatiaFounder - BulBul, Ex Co-Founder - MakeMyTrip
Throughout our transactions, Burgeon Law provided practical solutions rooted in sound law that also made complete commercial sense and acted as a catalyst to the transaction. The firm also has an undisputed penchant for delivering on consistently efficacious timelines, again saving considerable amounts of cost on the transaction. I can see that it taps into its reservoir of experience working with a large volume of growth stage start-ups. They are able to anticipate the life cycle of issues that will arise, and act to be one step ahead always.
Samir SoodFounder - Venture Highway
I have no hesitation in recommending Ketan Mukhija. The legal support Ketan has provided to Vikram Solar has been excellent.
Ketan works extremely hard, is responsive to all requests no matter the deadline, and is very detailed and thorough in his
approach. He not only gives constructive and expert legal opinion, but also grasps the business implications of his counsel and as such his work is particularly significant in ensuring best value for VSL in contract negotiations and other legal matters. Ketan has been a pleasure to work with and I look forward to continuing the partnership with VSL.
Anil LadhaHead - Corporate Finance, Vikram Solar Limited
Roma has been doing spectacular work to build a strong legal ecosystem and culture for the startups and funds across multiple jurisdictions. Her team at Burgeon Law has contributed to the evolution of the startup sector and have earned a formidable reputation for being preferred service providers for market-leading venture capital & growth equity investors, as well as pioneering founders and companies.
Rishab Malik, Venture PartnerJungle Ventures, Ex-Co-founder - Droom.in
Roma with her team is one of the finest law firms for Startups and Investors in the country. I have had the pleasure of working with them! They bring in-depth understanding of the tech/start-up ecosystem market and advise with a focus to get the deal done. They are extremely responsive, flexible and have the mindset of a start-up entrepreneur. I highly recommend Roma and the team for start-ups and funds at all stages!
Ashish TanejaPartner - growX Ventures
Ketan is an astute corporate lawyer. He has a deep understanding of corporate law and data privacy law. He is also a start-up enthusiast and actively involved in the ecosystem. He is also always up for pro bono service to NGO, entrepreneurship bodies, or any other social causes. I wish him all the best!
Wasim KhanCo Founder, Zotalabs
Roma and her team at Burgeon Law have advised Lumikai on several transactions over the course of the last 18 months. As transaction lawyers, they are able to maintain a fine balance in providing pragmatic commercial advice alongside sharing sound legal judgment, which is so valuable. We have always been impressed with their methodical, high-quality work product, personalized attention, and prompt turn-arounds especially in time-sensitive matters.
Salone SehgalFounding General Partner - Lumikai Fund
Deal Making is complex and time consuming. Having a partner like Burgeon Law by your side makes the entire process streamlined and hassle-free, including legally structuring deals, negotiating legal nuances within contracts, and supporting with full range of documentation. Since 2015, Burgeon Law has been a true partner to Powerhouse.
Sri PedduManaging Director - Powerhouse Ventures
Burgeon Law with an exceptional team have always been very responsive and make sure to keep the balance of Investors and Founders need and demand.
Manu Rikhye Partner - Merak Ventures
The Burgeon team has a deep understanding of the nuances of startups. They solve problems with a practical mindset, something that is still missing in the current ecosystem. We’ve had a great experience working with them across multiple transactions.
Nandan VenkatachalamPrincipal - Axilor Ventures
Kae has been delighted to have Burgeon Law as its transaction advisor. Very professional approach and highly responsive team. They provide end-to-end advice and support on any transaction. With their practical approach, many deal-breaker situations are sorted out easily.
Madhura SardarLegal Head - Kae Capital
Over the years, we have worked with Burgeon Law for various transactions, corporate commercial requirements, and strategic legal advisory. We are a high-growth company always working with aggressive deadlines and the Burgeon team has always made sure to complete the project as per our timelines even if it required them to align with multiple stakeholders to make it happen. We are always pleased with the quick & strategic support and feedback we get from them to safeguard our long-term interests in our company. Rusk and the team will definitely be working with the same team for our next fundraiser, hopefully very soon!
Mayank Yadav CEO - Rusk Media
Working with Burgeon Law was an excellent months-long lesson "101 on how to invest in India". Burgeon Law not only guided us through legal issues, but also helped us navigate problems we didn't know existed
Sasa VucinicManaging Partner and CoFounder, North Base Media Fund
Roma is one of the best corporate lawyers that I have ever worked with. Not only is she a legal eagle but she is a master business negotiator often pacifying both sides to reach a suitable understanding. Backed by a super team, her firm provides reliable and efficient services.
Ashish ChandFounding Partner - Nueva Capital
Extremely happy with the Burgeon Law Team. They have been diligent with the paperwork and making sure all the compliances/ Statutory requirements are fulfilled. This makes it easy for us as a Company.The team was very prompt during our Transaction Process and while the drafting of the contracts. We did not have to follow up and the Burgeon team provided everything on time.They have been very clear with their drafting skills which made it simple and uncomplicated throughout the process.
Sangmesh JattiCFO - Heads Up For Tails
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FAQs
Why choose Burgeon Law for setting up a manufacturing business in India?
Choose Burgeon Law for setting up your manufacturing business in India for our specialized expertise and proactive approach. Our experienced attorneys specialize in navigating the unique legal landscape of the manufacturing sector, providing tailored solutions to ensure compliance with regulations and maximize efficiency. With a proactive approach, we anticipate challenges and mitigate risks, offering end-to-end support from entity formation to ongoing compliance.
What are the legal requirements to start a manufacturing business in India?
To start a new manufacturing business in India, several legal requirements must be met. Firstly, businesses need to register with the Ministry of Corporate Affairs (MCA) under an appropriate legal structure such as a Private Limited Company or LLP. Depending on the nature of manufacturing activities, an industrial license may be necessary from the Department of Industrial Policy and Promotion (DIPP) or state authorities. Environmental clearance must also be obtained from the State Pollution Control Board (SPCB) for units impacting the environment. Additionally, compliance with tax regulations entails obtaining Goods and Services Tax (GST) registration.
How can we assist with the registration process for a manufacturing business?
We can provide comprehensive assistance throughout the registration process for a manufacturing business in India. Our services include guiding you through the selection of the appropriate legal structure, such as a Private Limited Company, LLP, or Sole Proprietorship, based on your specific requirements and objectives. We’ll then handle all necessary paperwork and documentation for business registration with the Ministry of Corporate Affairs (MCA), ensuring compliance with relevant regulations and laws. Our team will also oversee the application for obtaining industry-specific licenses.
Can we help with securing intellectual property for a manufacturing business in India?
Yes, we can assist with securing intellectual property (IP) for your manufacturing business in India. Our team of experienced attorneys specializes in intellectual property law and can provide comprehensive support throughout the process. Whether you need assistance with trademark registration to protect your brand name and logo, patent registration to safeguard your manufacturing innovations and processes, or copyright registration for your product designs and technical drawings, we have the expertise to guide you through each step.
How do we support manufacturing businesses with ongoing legal and compliance needs?
We provide tailored ongoing legal and compliance support for manufacturing businesses, ensuring smooth operations and regulatory adherence. Our services encompass regulatory compliance, contract management, employment law guidance, intellectual property protection, and dispute resolution. By offering comprehensive support, we enable manufacturing businesses to focus on their core operations while minimizing legal risks and ensuring compliance with relevant laws and regulations.
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