Why a Trade License is Essential?
Licenses & Government Registrations

Why a Trade License is Essential?

5 Mins read

Business ventures in India generally prefer to function without any obligatory conformity to set standards to garner additional earnings. But sooner or later, those practicing such transactions are apprehended by the concerned enforcement authorities and compelled to incur significant fines. A trade license is among the documents or certificates that you are required to comply with when you decide to start a business. This business license permits a person or entity to initiate a specific trade or commerce within a defined municipal limit or location. The state municipal corporation is the issuer of the trade permit and ascertains that the business is operated by conforming to the safety standards as directed by them.

However, the operating license does not permit the licensee to engage in any separate trade or commercial activity other than the purpose for which it is authorized. Furthermore, this license does not endorse any proprietorship or property title to the holder of the trade permit.

Let’s examine the importance of a trade license, its primary aim, and the benefits of obtaining it.

Importance of Trade License For Businesses

Businesses function within the limits of a business climate that governs their business model and rules, and owning a trade license confirms that they fulfill these legal duties. A trade license mainly controls and coordinates commercial transactions within an established domain or jurisdiction and ensures that businesses function according to the directives of the local government.

A trade license is pivotal for the legal operation of a business, and not having it can put you at risk of facing compensation, penalties, or possibly cessation of your trade or business. What makes a trade license essential is a summation of these factors:

1. Fair Practices and Land Use Policy

A trade license ascertains that you subscribe to every rule and directive that the local administration assigns. It covers health, safety, and environmental measures, zoning stipulations, and regulations that guarantee the security, operationality, and compliance aspects related to building premises following local and national building rules. A business license considers things like fire, structural design, and even construction materials.

2. Legal Conformity and Accountability

We need a trade license to manage the business, prevent illegal practices, and make businesses responsible for their conduct. Assuming companies need to obtain a permit will ensure that only legitimate businesses are operating and will deter unjust business practices (i.e., counterfeiting, swindling, and other illegal trade). These business licenses prepare the foundation for the inspections and audits of government bodies to check compliance with the laws and detect unlawful trade.

 3. Seamless Business Transactions

A trade license not only gives the entrepreneur a façade of law but also shows that he is only working in a proper area of business and nobody stops him from doing so. A commercial license means nothing, so the perils of zonal regulation kick in, and complaints will be created from the regulatory authorities or nearby residents. Cease directives, penalties, and expulsion from property are likely results if zoning rules are not adhered to in a specified jurisdiction.

 4. Enhanced Financial Assistance

Funds are always critical to organizations to secure their higher output and growth. Under the authority of a trade license, it becomes easier for an entity to obtain loans from lending, financial, or banking institutions. Here, a trade license can work as a significant access point that can assist in a smooth inflow of financial aid, thereby triggering business development.

To open business bank accounts, a trade license is required, and it is the identification document that the bank requests. You need to maintain a separate business bank account to handle finances prudently, keep a demarcation between individual and business expenditures, obtain business funding, or borrow limits. In addition, it also adds to your brand image as a company that shows commitment to legal regulations, which places your Company in high demand by creditors and stakeholders for obtaining investment from external sources.

5. Safeguarding Consumer Interest from Discriminatory Practices

These licenses for businesses to operate consist of regulations to assure high-quality products, safety, and a competitive pricing policy. It also checks that business activities within a specific location or municipality do not subscribe to actions that restrict competition.

In some cases, a trade license may result in tax rebates or government assistance for small businesses in certain areas.

Trade Licenses: Varieties

Trade permits: In most countries, the type of license can vary depending on the type of business transaction and the area in which it is licensed. Here are some of the classic categories:

  • Industrial license: Compulsory for those entities carrying out manufacturing, bulk processing of resources, or assembling trade activities, confirming observance of environmental regulations, protocols of safety, and standard operating processes that secure worker and community safety.
  • Regular trading license: This allows for engaging in different trading activities involving various segments related to buying, selling, distributing, and marketing products or services. It generally comprises the general permit for companies promoting general trading transactions within the given jurisdiction.
  • Professional or specialized services license: This license is for individuals or enterprises engaged in expert services such as medical, legal aid, engineering, advisory, or consultancy services. Acquiring such a type of license confirms that due compliance is observed with regard to business ethics, professional conduct, and guidelines.
  • Commercial license: Grants businesses the sanction to engage in economic transactions such as wholesale, selling, or logistics management. Such a kind of permit ascertains adherence to zoning regulations and trade laws within the specified zone.
  • Food Industry: A mandatory element for enterprises dealing with the preparation, managing food operations, or selling of food items to assure obedience to cleanliness and purity of food products, sanitation, and food legislation. Obtaining a food license guarantees that your business functions legally, generates consumer awareness, and promotes community wellness.

Trade License Application Process

The trade license can be obtained only when you follow the steps below:

  1. Soliciting applications from the City council, municipal corporation local, or web portal.
  2. Complete the form as specified, supply accurate information, and submit documents.
  3. Submit with Compulsory Fees.
  4. Await verification and examination by the authorities.
  5. After confirmation, receive your trade license.

Obtaining a Trade License Online

  1. Check out the authorized portal of the local municipal corporation.
  2. Complete the required details requested on the online registration form.
  3. Submit the necessary documents.
  4. Make payment of the online fees.
  5. Pending verification and acceptance through email or website portal.

Documents Required To Apply for Trade License

For people:

  • Identity and address proof (Aadhar Card / Passport)
  • Khata certificates: municipal records/ local Govt info on property
  • Evidence of the Location of Business/Location or Premises; Property
  • Demonstrate (Or Prove) You Have a Leg to Stand On – Show legal right to premises with a BOC
  • Operation plan of the business: Explanation for what (if any) business operation they are submitting
  • NOC (No Objection Certificate): From concerned authority /neighbors around.

For Businesses and Enterprises:

  • PAN card of the Company: evidence of the company’s tax identification.
  • Certificate of Incorporation: This is proof of the company’s legal or constitutional document.
  • Articles of Association (AOA): These are regulations controlling the company’s inner administration.
  • Proof of Identity: Supporting ID documents for authorized agents.
  • Memorandum of Association (MOA): The Specifics of the goals and scope of the company.

Trade License Needed by List of Businesses

Below are the businesses requiring trade licenses to operate legally effectively;

  • Food service establishments
  • Perishable Consumer Goods Retail Stores
  • Logistics & transportation firms lead the way to physical facilities.
  • Hospitals, pharmacies, and clinics (Health establishments)
  • The entertainment and entertainment centers like amusement parks, theatres, etc.
  • Real estate and construction enterprises
  • Manufacturing facilities: factories, production processes
  • Bars, outlets, or pubs (liquor sellers)
  • Street vendors
  • Trade in fireworks and explosives enterprises

In a Nutshell

A trade license is an essential step towards ensuring that a company conducts business legally, moves along a growth engine, and builds consumer/stakeholder-level credibility. Though the specified conditions and processes can vary, the consequences of having a trade license are familiar, as they raise both the credibility and the business continuity of a company. Safeguard your company with licensing and a stamp of approval, as it benefits their business journey by being acknowledged as a legal entity and protects your venture from available penalties and shutdowns.

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About author
A law graduate, who did not step into advocacy due to her avid interest in legal writing which spans Company Law, Contract Act, Trademark and Intellectual Property, and Registration. Curating legal write ups helps her translate her knowledge and fitted experience into valuable information that resolves real problems and addresses real legal questions. She creates content that levels up with the various stages of the client’s journey, can be easily grasped, and acts as a helpful resource.
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