Board Resolution Pack India
Board resolutions drafted to Section 179 and Section 174 quorum rules, certified for the Registrar and Indian banks. Founder appointments to allotments.
Choosing a structure and getting the founding documents right is the decision that shapes everything else: liability, ownership, funding and compliance all flow from how the business is set up. In India a Private Limited company and an LLP are the two most popular vehicles, each with its own rulebook. Clean founding documents save you from costly corrections at the Registrar of Companies later. These templates help you incorporate and govern your business on a solid footing.
Board resolutions drafted to Section 179 and Section 174 quorum rules, certified for the Registrar and Indian banks. Founder appointments to allotments.
Founders' agreement aligned with the Indian Contract Act 1872 and Section 27 limits on non-competes. Vesting, leaver terms and IP assignment.
Confidentiality and IP assignment drafted to Section 17 and 19 of the Copyright Act 1957, with patent and moral rights clauses. Enforceable in India.
Drafted to Section 23 of the LLP Act 2008. Sets capital contribution, profit sharing and partner admission, overriding the First Schedule defaults.
Memorandum and Articles of Association drafted to Section 4 and Section 5 of the Companies Act 2013, with Table F articles and the two-part objects clause.
Draft a legally sound Partnership Deed aligned with the Indian Partnership Act 1932. Capital, profit sharing, registration and dissolution covered.
SPA template aligned with the Companies Act 2013 and Indian Contract Act 1872. Covers Form SH-4 transfer, FEMA pricing and warranties. Word and PDF.
Shareholders agreement aligned with the Companies Act 2013 and Section 58. Transfer restrictions, reserved matters and exit rights enforceable in India.
When you incorporate a Private Limited company. The company is governed by the Companies Act 2013 and is registered with the Ministry of Corporate Affairs through the SPICe+ process. You will need a memorandum and articles of association, consents and the resolutions that accompany the application.
When you set up an LLP. The Limited Liability Partnership Act 2008 combines limited liability with the flexibility of a partnership. The LLP agreement is the heart of it: it sets out the contribution, profit sharing and management of the partners.
When partners work without incorporating. A partnership deed under the Indian Partnership Act 1932 records the capital, profit sharing, roles and exit of each partner. Registration of the firm is optional but strongly advisable, because an unregistered firm cannot easily enforce its rights in court.
When ownership and control need to be agreed. A shareholders agreement governs how a Private Limited company is run between its owners: rights on transfer, reserved matters, board seats and what happens on a deadlock or an exit.
A Private Limited company is incorporated under the Companies Act 2013. There is no longer a minimum paid-up capital requirement (the earlier one-lakh-rupee floor was removed in 2015), but you still need at least two directors and two shareholders, a registered office, director identification numbers and digital signatures, and incorporation through the SPICe+ form on the MCA portal. The articles of association are binding internal rules, so they should match the shareholders agreement to avoid conflict.
An LLP is incorporated under the LLP Act 2008 and is also registered with the Registrar. Its partners enjoy limited liability, and the LLP agreement must be filed after incorporation. A general partnership, by contrast, is formed under the Indian Partnership Act 1932 and exposes the partners to unlimited personal liability; registering the firm is optional but matters, because Section 69 bars an unregistered firm from suing to enforce certain rights.
The most common pitfalls are a mismatch between the articles and the shareholders agreement, a vague objects clause, and missing post-incorporation filings and resolutions. Keeping the statutory registers and minutes in order is not paperwork for its own sake -- it is the evidence that decisions were validly taken.