What is DPIIT Registration?
DPIIT's full form is Department for Promotion of Industry and Internal Trade. Under the Startup India Initiative, the eligible companies will be recognised by the DPIIT as a startup, it is required to access tax benefits and easier compliance.
Also, after being recognised by DIPP, you can avail of benefits related to Intellectual Property Rights such as IPR fast-tracking and do not require another license from the Inter-Ministerial Board. The startups which meet the eligibility criteria set under the Startup India DPIIT registration notification can only apply for recognition under this program.
Benefits of DPIIT Registration
The benefits of receiving a DPIIT registration certificate are as follows:
Self-certification: The private limited company is normally bound by labour and employment laws. By having a DPIIT Certificate of Recognition for Startups, the entity can self-certify compliance under 3 Environmental Laws and 6 Labour Laws.
Registration of Intellectual Property: For large entities, the government fee for trademark application is Rs. 9000. If you have a registered DPIIT certificate, then the price becomes half. Also, in the case of patent registration, the application fees may vary from Rs. 8000 to Rs. 11000. But for registered entities, the fees charged are only Rs. 1800, and around 80% of fees will be provided as a rebate.
Income Tax Exemption: A registered startup can avail of the benefits of income tax for three consecutive years out of the first 10 years from the date of business registration. The purpose behind this is that the business can re-invest the amount again in the business.
Simplified Public Procurement: On a trial basis, a DPIIT can bid for government contacts with lower eligibility criteria. The public procurement process is a process in which governments and state-owned enterprises purchase goods and services from the private sector. Usually, the eligibility criteria for government contracts are high but DPIIT-registered entities can participate in the bidding process.
Easier Winding Process: As per the Insolvency and Bankruptcy Code, 2016 the company can wind up within the time period of 90 days of applying for insolvency.
Exemption Under Section 54(GB): Section 54(GB) is related to tax on long-term capital gains that an individual receives on the sale of residential property. Those individuals who invested this amount in a DPIIT startup registration can avail the tax benefits.
Right now, India is at an immensely attractive economic status. Traders, promoters, manufacturers and service providers from neighbouring countries are just itching for a chance to getting into Indian market. On the other hand, the Indian market is now flooding with tenders and opportunities that these neighbouring businesses are ready to bid on.
In order to cater to these foreign bidders, DPIIT or Department for Promotion of Industry and Internal Trade has provided the registration of bidders from countries sharing land border with India.
Who can apply for DPIIT registration?
Bidders of those countries that share border with India, and who come under any of the following categories, can apply for DPIIT registration:
- Manufacturer
- Service Provider
- Contractor for supply of goods services or works
- Agent or reseller or distributor or member of a consortium or branch office or an office controlled by the bidder or any subsidy of any artificial judicial person
DPIIT registration Process
To get DPIIT registration, one has to file the application for DPIIT registration in the prescribed format and submit it to the Department of Promotion of Industry and Internal Trade. The documents one is required to submit to the body to get the registration are as follows:\
- The Covering Letter whose format has already been prescribed.
- A letter of authority in the favour of the signatory
- Bidder details
- manufacture/Service Provider/Contractor Details, if different from bidder.
- Bidder details for security clearance
- Manufacture/Service Provider/Contractor Details, if different from bidder, for security clearance.
- Self Declaration
In the next section, let’s discuss each and every document stated above in detail:
The Covering Letter
In the Covering Letter, you’ll provide:
- Your details as a bidder or a manufacture.
- You’ll provide the name of the authorized signatory of the application (which is in most instances, the bidder)
- And, you’ll accept the declaration that you haven’t been blacklisted or debarred or banned by any government of India.
The Letter of Authority in favour of the signatory
Draft a letter of authority in the favour of the one who have authorized to be the signatory. As a bidder, the letter of authority will be drafted in your favour.
Details of the Bidder
The details of the bidder are to be provided in the prescribed format of Appendix A. It will contain the following:
- Bidder’s name
- Type of business entity that the bidder promotes/directs/heads/runs
- Address of the registered office of that business entity.
- Whether the bidder is registration as a:
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- Service Provider/manufacturer/Contractor for supply of goods/works/services or as
- An agent/distributor/reseller/member of a consortium/Branch Office/ Office controlled by the bidder or by any subsidy of any artificial juridicial person.
- If the bidder is applying for registration as a manufacturer, they have to provide complete address of the manufacturing premises are provided along with the name and contact details of the person of contact.
- If the bidder is applying for registration as a service provider, they have to provide complete address of the premises from where services are provided along with the name and contact details of the person of contact.
- If the registration is being sought not as a bidder, but as an agent/distributor/reseller/member of a consortium/Branch Office/ Office controlled by the bidder or by any subsidy of any artificial juridicial person, they have to furnish the details as per Appendix B
- Details of items for which the Bidder seeks registration.
- Financial details of the bidder in INR/ US dollars of the last five years in the prescribed format.
- Beneficial Owner details of the bidder.
Manufacture/Service Provider/Contractor Details, if not bidder
Following are the details that the document concerned with manufacturers. service providers or contractors, all of which are NOT bidders have to fill
- Name of the Service Provider/manufacturer/Contractor
- Type of business entity
- Address of the registered office of that business entity.
- Complete contact details of the manufacturing premise, if the applicant is manufacturer.
- Complete contact details of the address from where services are provided, if the applicant is service provider.
- Manufacturer/Service Provider/ Contractor’s agreement with the bidder to seek DPIIT registration
- Financial details of the Manufacturer/Service Provider/ Contractor in INR/ US dollars of the last five years in the prescribed format.
- Beneficial Owner details of the Manufacturer/Service Provider/ Contractor.
Bidder’s details of the security clearance
Following are the details of the bidder needed for security clearance. Ist has to be filled in the format prescribed:
- Name of the Company/Person
- Type of Company or business entity
- Country of registration, registration number with date in case of bidder is a company
- Registration number with date in case the bidder is a company and passport number and issue date if the bidder is a person
- Registered office address and address of correspondence in case the bidder is a company and contact address if the bidder is a person.
- Previous name of the company if the company’s name have ever been changed
- Details regarding the year of registration.
- Director details of the bidding company
- Shareholder details of the bidding company.
Alongside the bidder details, the security clearance information document should also contain information of the beneficial ownership of the entity.
- Name of the Company/Person who is the beneficial owner.
- Country of registration, registration number with date in case of beneficial owner is a company
- Registered office address and address of correspondence in case the beneficial owner is a company and contact address if the beneficial owner is a person.
- Details of the intermediary company(s) or person between the bidder company and the beneficial owner company/person
- A chart depicting the link between the between the bidder and the beneficial owner.
Manufacture/Service Provider/Contractor Details, if different from bidder, for security clearance
The details needed in this case for security clearance are as follows:
- Name of the Company/Person
- Type of Company or business entity
- Country of registration, registration number with date in case of manufacturer/service provider/contractor is a company
- Registration number with date in case the manufacturer/service provider/contractor is a company and passport number and issue date if the bidder is a person
- Registered office address and address of correspondence in case the manufacturer/service provider/contractor is a company and contact address if the bidder is a person.
- Previous name of the company if the company’s name have ever been changed
- Details regarding the year of registration.
- Director details of the manufacturer/service provider/contractor company
- Shareholder details of the manufacturer/service provider/contractor company.
Alongside the manufacturer/service provider/contractor details, the security clearance information document should also contain information of the beneficial ownership of the entity.
- Name of the Company/Person who is the beneficial owner.
- Country of registration, registration number with date in case of beneficial owner is a company
- Registered office address and address of correspondence in case the beneficial owner is a company and contact address if the beneficial owner is a person.
- Details of the intermediary company(s) or person between the manufacturer/service provider/contractor company and the beneficial owner company/person
- A chart depicting the link between the between the manufacturer/service provider/contractor and the beneficial owner.
Self Declaration
It’s the self declaration of whether criminal charges have been filed against the applicant or not.
Conclusion
DPIIT registration for foreign companies and persons is a a way for the government to extend its hand of friendship and trade to foreign nations. However, the registration is still quite restrictive and involves a lot of nuanced documents. So, if you’re looking for such business registration and other of similar vein as RNI registration or BEE registration, reach out to our experts.