Becoming a Merchant of Record (MoR) in India – Need Guidance on Legal/Operational Steps

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      User_f0ff7d2e
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        User_f0ff7d2e
        PARTICIPANT
        February 15, 2025 at 2:38 pm
        Hi,

        I’m exploring how to set up a **Merchant of Record (MoR)** service in India, and I’d appreciate advice from those with experience in compliance, payments, or fintech. Here’s my breakdown of what I’ve researched so far and where I need clarity:

        # 1. Legal Setup

        * **Business Structure**: Should I register as a Private Ltd. Company or an LLP for MoR services?
        * **Registrations**:
        * GST registration is mandatory, but do I need additional licenses (e.g., RBI authorization for payment aggregation)?
        * Are there specific compliances for cross-border transactions (FEMA, etc.)?

        # 2. Payment Infrastructure

        * **Bank Partnerships**: Which banks offer merchant accounts suited for high-volume transactions?
        * **Payment Gateways**: Is it better to partner with existing gateways (Razorpay, PayU) or build in-house solutions?

        # 3. Regulatory Hurdles

        * **RBI Guidelines**: The RBI requires ₹15 crore net worth for payment aggregators. Does this apply to MoR services if I’m partnering with existing gateways?
        * **PCI-DSS Compliance**: How rigorous is the audit process for card data security?

        # 4. Tax Management

        * **GST on Services**: How to handle GST for clients (domestic vs. international)?
        * **TDS/Withholding Tax**: Are there specific deductions for MoR revenue sharing?

        # 5. Risk & Liability

        * **Chargebacks/Fraud**: What tools or insurance do MoRs typically use to mitigate risks?
        * **Contractual Liability**: How to structure client agreements to limit exposure?

        # 6. Tech Stack

        * **Platform Requirements**: What features are critical for invoicing, reporting, and reconciliation?
        * **Fraud Detection**: Recommended tools/APIs for Indian markets?

        # 7. General Advice

        * Are there niche communities/forums for Indian MoRs?
        * What are common pitfalls to avoid in this space?

        **Background**: I’m based in India and want to cater to SaaS businesses needing MoR services for domestic and global transactions.

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