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#Section 8 Company Registration in Kolkata
jass22 · 6 months
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Simplifying Business Registration in Kolkata: A Comprehensive Guide.
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Navigating the maze of business registrations can be daunting, especially in a bustling city like Kolkata. From private limited companies to trademark registrations, here’s everything you need to know to establish your business successfully.
Starting a business in Kolkata or anywhere else requires navigating a series of legal procedures and registrations. Each step is crucial and contributes to the legitimacy and protection of your venture. In Kolkata, a city known for its entrepreneurial spirit, understanding the nuances of various business registrations is essential for smooth operations. Let's delve into the intricacies of different registrations you might need for your business in Kolkata.
Private Limited Company Registration: Registering your business as a private limited company offers several benefits, including limited liability protection and access to funding. In Kolkata, the process involves obtaining a Digital Signature Certificate (DSC), Director Identification Number (DIN), and filing the necessary documents with the Registrar of Companies (ROC). This registration is suitable for medium to large-scale businesses aiming for growth and expansion.
Business Registration: Kolkata offers various options for registering your business, including sole proprietorship, partnership, and limited liability partnership (LLP). Each structure has its own set of advantages and legal requirements. Sole proprietorship is the simplest form, while LLP combines the benefits of a partnership with limited liability protection. Understanding your business's needs and choosing the appropriate structure is crucial for long-term success.
Trademark Registration: Protecting your brand identity is paramount in today's competitive market. Trademark registration ensures exclusive rights to use your brand name, logo, or slogan, preventing others from using similar marks. In Kolkata, the process involves conducting a trademark search, filing an application with the Trademark Registry, and regular monitoring to safeguard your intellectual property.
LLP Registration: Limited Liability Partnership (LLP) is a popular choice for small to medium-sized businesses in Kolkata. It offers the flexibility of a partnership combined with limited liability protection for partners. The registration process includes obtaining a Digital Signature Certificate (DSC), Director Identification Number (DIN), and filing the incorporation documents with the Ministry of Corporate Affairs (MCA).
Nidhi Company Registration: Nidhi companies are non-banking financial institutions that facilitate mutual benefit among members. In Kolkata, registering a Nidhi company involves adhering to the strict regulations set by the Ministry of Corporate Affairs (MCA). The process includes drafting the memorandum and articles of association, obtaining approvals, and complying with ongoing compliance requirements.
Section 8 Company Registration: Section 8 companies, also known as not-for-profit organizations, are formed for promoting charitable activities, social welfare, or other nonprofit objectives. In Kolkata, registering a Section 8 company requires approval from the Central Government and adherence to specific regulations outlined in the Companies Act. This registration is ideal for entities focusing on social impact rather than profit generation.
Startup India Registration: Startup India initiative aims to foster innovation and entrepreneurship by providing various benefits and incentives to startups. Registering your startup under this scheme can unlock access to funding, tax exemptions, and other support services. In Kolkata, startups can register online through the Startup India portal by fulfilling the eligibility criteria and submitting the required documents.
Navigating the landscape of business registrations in Kolkata can be overwhelming, but with the right knowledge and guidance, it becomes more manageable. Whether you're establishing a private limited company, protecting your brand through trademark registration, or registering as a startup under the Startup India initiative, each step is crucial for the success and sustainability of your business. By understanding the requirements and adhering to the legal procedures, you can lay a strong foundation for your venture in the vibrant business ecosystem of Kolkata.
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al0nika · 1 year
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Discover the 7 Types of Company Registration in India’s Cities
Registering a company in India is crucial for entrepreneurs and businesses looking to establish their presence there. The Ministry of Corporate Affairs (MCA) oversees the registration process, which varies depending on the location and type of company. This blog will explore the seven types of company registration in Kolkata, Lucknow, and Patna. We will highlight each class's requirements, benefits, and procedures.
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7 Types of Company Registrations in India
Sole Proprietorship
The sole proprietorship is the simplest business registration form and is ideal for small businesses and individual entrepreneurs. Sole proprietorship Company Registration in Kolkata, Lucknow, and Patna involves minimal legal formalities. The proprietor is responsible for all business liabilities, debts, and obligations. While no separate registration is required for a sole proprietorship, obtaining relevant licenses and permits is essential based on the nature of the business.
Partnership Firm
Partnership firms are businesses where two or more individuals share profits and losses. Registering a partnership firm in cities like Kolkata, Lucknow, and Patna involves drafting a partnership deed. It outlines the partnership's terms and conditions. Although registration is not mandatory, it is advisable as it provides legal recognition and enables partners to resolve disputes through the courts if necessary.
Limited Liability Partnership (LLP)
LLPs are a popular choice for professional services and medium-sized businesses. It combines the benefits of both partnerships and companies. Registering an LLP in Indian cities requires approval from the Registrar of Companies (ROC) and involves filing the necessary documents and agreements. An LLP company registration in Lucknow, Kolkata, and Patna provides limited liability protection to its partners, shielding them from personal liability for the company's debts.
Private Limited Company
Private Limited Companies are one of the most common business entities in India. It requires a minimum of two directors and two shareholders. Registering a Private Limited Company in cities like Kolkata, Lucknow, and Patna involves:
Obtaining a Digital Signature Certificate (DSC).
Director Identification Number (DIN).
Filing the Memorandum of Association (MOA) and Articles of Association (AOA) with the ROC.
Private Limited Companies enjoy limited liability and funding options.
Public Limited Company
A Public Limited Company is suitable for large businesses intending to raise capital from the public through share sales. Public Limited Company Registration in Patna, Lucknow, and Kolkata is more complex than a Private Limited Company. It involves issuing a prospectus, obtaining a Certificate of Commencement, and fulfilling other regulatory requirements. Public Limited Companies are subject to stricter disclosure and compliance norms.
One-Person Company (OPC)
Introduced to encourage solo entrepreneurs, an OPC allows a single individual to start and operate a company with limited liability. The registration process in cities like Kolkata, Lucknow, and Patna includes obtaining a DSC and DIN for the sole director. It also includes submitting the necessary documents to the ROC. OPCs offer limited liability and ease of management, making them an attractive option for individual entrepreneurs.
Section 8: Company (Non-Profit Organization)
Section 8 Companies are formed to promote charitable, religious, educational, or social causes. They do not operate to make profits, and any income generated is used for the organization's objectives. Registering a Section 8 company in cities like Kolkata, Lucknow, and Patna requires approval from the Central Government and adherence to specific regulations. Section 8 companies enjoy tax exemptions and separate legal identities.
Easy Way for Company Registration in These Cities
Company registration in Kolkata, Lucknow, and Patna involves carefully considering the type of business, legal requirements, and future objectives. Alonika professionals know company registration has advantages and limitations, catering to entrepreneurs and businesses in the region. They Understand these different types of company registration empowers entrepreneurs to make informed decisions and embark on their success journey with confidence. They ensure a smooth and legally compliant registration process.
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kraftsburg · 6 years
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E Aadhar Card Status | Aadhaar Card Download
Here E Aadhaar Card Portal Provides information about Various Uidai Services like Aadhar application forms & Process, Aadhar Update Correction Status, Download Duplicate Adhar Card online. And other etc.
E Adhar card download on the Mobile app :
1. Visit eaadhaar.uidai.gov.in and Enter your Aadhar Number or enrollment id. 2. Phone Number get OTP & download aadhar card. 3. Enter Area code to open the E Adhar card. 4. Validate e Aadhar by adding certi􀄄cates.
Maadhar download on app
1. Just visit google play store download the app. Maadhaar app by uidai. 2. Internet connection is required validate the details 3. Set Aadhaar app Password 8 Didigts Only to open aadhaar card on mobile. 4. Enter You aadhar Number 12 Digits 5. Authorize with the registered Mobile number should on the same. 6. OTP will automatically be validated manually entering is not allowed. 7. Allow aadhar to access SMS & media 8. Aadhar app works only one device with registered mobile Features: 1. Share QR Code Like Paytm 08/12/2018 E Aadhar Card Status | Aadhaar Card Download | E Aadhaar Correction App - E Aadhar card status download http://www.eaadharcard.co.in
2. Generate OTP on app like google authenticator app without SMS. 3. Carry aadhar card like portable soft identity card 4. LOCK & Unclock Biometrics on a temporary basis. 5. Update Pro􀄄le on the Mobile app itself like epf app
Check New Aadhar card status & Update status
1. For checking New adhar card status Visit Uidai.gov.in look for aadhar Enrollment services. 2. Click on adhar card status and Enter Your enrollment if you forgot EID Then use your mobile number to get EID or Aadhar Number. 3. If you get directly aadhar number no need to check adhar card status directly for e aadhaar card download. 4. OIf you already EID then enter it on aadhar status portal know the status Like Rejected, Under review and successfully. 5. Aadhaar card rejected reasons available on the SSUp resident Portal.
Aadhar card Update status @ SSUP
1. If you updated aadhaar card at nearest aadhar center visit Then directly check aadhar status as New card With EID or aadhar number. 2. Or else Adhar update done by post then track it at the same page aadhar card status. 3. Only who are updated aadhar data online with UNique reference Number URN could track aadhar update status at SSUP Portal check more info at adhar update status Now Uidai also providing Adhar bank linking status at Uidai Portal itself. I just checked my aadhar number was linked with 5 Bank accounts. no time to close the bank accounts.
Adhar Update 3 ways to do it
1. Online Update at SSUP Portal https://ssup.uidai.gov.in/web/guest/ssup-home 2. By Post download aadhar correction form and send to aadhar update center address. 3. at Nearest aadhar center search it on uidai portal locate your adhar center
Get aadhar details Forgot aadhar & EID Number
1. visit https://resident.uidai.gov.in/􀄄nd-uid-eid link or go to uidai gov in the portal. 2. click on 􀄄nd UID/ EID Aka aadhar Number & enrollment Number. 3. Enter Name & Mobile Number along with any of the EID & aadhaar Number. 4. Name, father name, Pincode Mobile Number should be matched to get forgotten aadhar Number. 5. Full Name, Mobile Number & email Id Required to get Aadhar or EID.
Aadhaar card veri􀄄cation
You can verify email & Mobile in Phase 1. Now residents of India can verify aadhar Number like pan card veri􀄄cation. Due to Other private & public sector companies causing high load aadhar veri􀄄cation services like Jio, idea, LPG Banks Income tax
department etc. 1. Visit Uidai.gov.in>> Aadhaar serivces>> veifry aadhaar (https://resident.uidai.gov.in/aadhaarveri􀄄cation)
2. Enter Your Aadhaar Number to check it valid or invalid. E Aadhar Verify email or Mobile: Fort his you have to enter aadhar number along with the mobile number and email. If you don’t know mobile Number in aadhaar just look at how to update mobile number in aadhar.
Process and eligibility of obtaining adhar card:
Every citizen of India. can apply for aadhaar card including infants age may be above 3 years. all resident have to bring valid POI, & POA Proof address & Proof of Identity cards to Know about KYC. Photograph Address proof Fingerprint IRIS Mobile Number & email
These are most essential details and documents need at the time of applying for adhar card. 1. Voter id, 2. PAN 3. Passport 4. Bank statement 5. electricity bill (name should match with aadhaar Holder) 6. Attested gazetted letter(in case no id & address proofs there)
Apply for aadhar card / online application forms:
When you decide to apply for adhar card, then you want to search for the application process through the internet.The process also takes simple steps and methods that can use candidates feel hassle free while applying for aadhar card through online.
Simple Process to apply for E aadhar card: The process of applying for adhar card is easier for candidates when they utilize the Aadhaar card appointment. Candidates want to visit the website 􀄄rst Aadhaar Portal Uidiai.gov.in In that page, candidates want to click on apply for aadhaar card. The application form will be displayed and the candidates want to download it. After downloading the application form the candidates want to 􀄄ll the name, phone number, email id and many more essential details. Candidates are recommended to 􀄄ll the form carefully with valid and original details. Once you 􀄄ll the details you want to select the center of the enrollment and date and time of the appointment online. It is important for candidates to visit one of the adhar centers to register for Aadhaar Number. Aadhaar registration at Home Note: Only for senior citizens Age 80 Above.
How to check E aadhar enrollment status:
To check the aadhar enrollment status the candidates have opted to go the website and then use the enrolment number to see the aadhar number is allotted or not. The checking process of adhar card status is simple and can be done through online. Check the status of the aadhar number through SMS: Another important and simple way of checking the status of the aadhar number is done through SMS. Candidates can get e aadhar card number through SMS the candidates all have to do is to go the o􀄇cial website and then enter the date and time of the appointment and enrollment number. Apart from that, in the page candidates want to enter the registered mobile number that can help candidates will receive the message quickly. Getting adhar card download online: In Metro cities like Delhi, Mumbai, Kolkata Hyderabad you can book Aadhhar appointment online. but you have to go aadhaar enrollment centers for correction or New Aadhaar Registration. The candidates 􀄄rst want to go to the E aadhar card section of the website At the page, the candidates will be shown an Aadhar card download which can be 􀄄lled by using an enrollment number or aadhaar card number. If you have an enrollment number enter the number on that page. The applicants want to enter the accurate date and time as it appears on the slip of acknowledgment. Applicants need to enter the name and pin code of the area. Want to enter the mobile number registered with E aadhaar card. If the application has E aadhaar card number, just need to enter the number along with name, mobile number, and pin code. When the details are entered, the applicant can generate a one-time password or OPT that will help to download a recent and a color version of E-Aadhar letter that is also valid as the adhar card. Make E adhar card correction through online: When you like to update current address and need to correct name and other details, you need to apply for it through online. It is very easy and sends change requests through online. Many details the candidates can be modi􀄄ed with the help of the web portal like incorrect date of birth, gender, name, and many details. Visit the web portal Aadhaar correction. In that page now you want to click on send the one time password. Immediately you will receive an OTP on your mobile phone, After receiving the one-time password the applicant wants to enter the OTP number and then processed. Select the 􀄄eld of the like chance name or surname, Fill the correct details in those 􀄄elds, Upload any of the proof of the correction, At the end of the process, the applicant can get URN number. The applicant wants to keep this number safely because this number will be helping to track down the progress. More detailed instructions update Name, DOB, Address written on adhar update. Link aadhar card into gas connection through online: People those who like to undertake the linking process to the comfort of homes can link their aadhaar cards to LPG connection. The following guidelines can help to complete the linking process. Visit the speci􀄄c website and then enter the requisite information You want to choose the bene􀄄t type. If you are like to linking adhar card into gas connection, you want to choose LPG, Want to choose the name of the distribution from the list and then enter LPG consumer number on that page. Enter email address, aadhaar card number, and mobile number before submitting the form. Once the request has been registered and details in the form will be veri􀄄ed. After the completion of the veri􀄄cation process, you will receive con􀄄rmation. Check out Aadhar card linking. Lik Aadhaar to LPG @ Uidai.gov.in 1. BPCL (Bharat Gas) 2. HPCL (HP Gas) 3. IOCL (Indane Gas) But rasf.uidai.gov.in not opening. so follow it Below websites. we may already Know No LPG Subsidy without Aadhaar Number. for without subsidy no need aadhaar Number.
https://dcmstransparency.hpcl.co.in/myHPGas/HPGas/CheckAadharStatus.aspx INdane: https://indane.co.in/aadhaar-seeding.php Bharat: https://my.ebharatgas.com/bharatgas/JoinDBTLAadhaar.jsp Link adhar card with voter id: For linking aadhar card to voter id, you need to follow easy methods. It takes less time and can be useful in the future. On top of the voter ID card, locate card number that is a 10 character in length. Open the national voter’s service web portal. or http://electoralsearch.in/ On this page, the applicant wants to enter the voter id number, mobile number, and aadhar number. When the applicant entered all the required details want to click on the submit button. After a few seconds, you will receive con􀄄rming of the request for seeding aadhar card to voter id. Link bank account to E adhar card: Now, the government o􀄂ers a number of facilities of aadhar card holders. Most of the people are confused on how to link the aadhar card to the bank account. For those people, the following information will be helpful. The process takes just a couple of minutes to link adhar card to the bank account. Many bene􀄄ts people can get when they are linking adhar card to the bank account. The foremost bene􀄄t of linking a bank account to aadhaar card is that helps people to receive bene􀄄ts and subsidies amount under the government schemes into their bank accounts. Through the process of linking adhar card to the bank account, the government easily to identify route welfare payouts and genuine bene􀄄ciaries. aadhar card link with the bank of India online Here 3 ways to link aadhaar card to the bank account. The government already said all those bank accounts which not seeded aadhaar Number should be deactivated. so link aadhaar Number to all bank account you have. 1. Easiest way At Nearest Home Bank’s ATM. 2. By Submitting A form to Nearest or Home Branch. 3. Most popular and convenient way is Online or Netbanking Portal. 4. IVR call center calling. how to check if aadhar is linked to the bank account? Check your all bank accounts those connected to Aadhaar Number https://resident.uidai.gov.in/bankmapper,
Aadhaar bank linking status There are two major ways are available to link an adhar card to bank accounts such as the online and o􀄈ine method. The process of linking aadhar card to a bank account through online is the easier. Apart from that, link the accounts via the net banking portal of the speci􀄄c bank. If you like to get a lot of bene􀄄ts of linking aadhar card to a bank account, you just make simple process. These processes will be easier for you and easy to understand everyone can do it easily. If you like to save your money when you linking the aadhaar card to the account, you want to utilize the online process. This whole information will be useful for all adhar card holders. how to check aadhar card link with the bank through mobile? *99*99# aadhar status: 􀄄rst of all mobile number should be seeded to aadhaar and same with the bank account. then Aadhar link status by Mobile number works by dialing *99*99# Aadhaar Link with PAN Last date Link aadhar Number with pan the last date is 31st August 2017. also, check aadhar pan link list status @ IT Portal India. Details Required to link aadhaar with PAN 1. AAdhaar Number 2. PAN Number 3. Name As On AAdhaar card 4. Date Of Birth or Age. It’s done withing minutes. link your pan card with aadhaar to avoid deactivation by IT department.
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startupregistration · 6 years
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How to register a company in west Bengal
The process of registering a company is same in all over India, only a little bit difference in stamp duty or goverenment fees. So if you are looking for company registration in west Bengal, then dont worry it can be possible from any where in india. The Registrar of companies of west bengal is in calcutta.
FinanceBazaar is providing services regarding business registration in all over India, so you can call them, to get any services for startup registrations like Gst Registration, One Person Private Limited Company, Society / Trust / Ngo Registration, Fcra Registration, Public Limited Company Registration in west Bengal, Ccoperative Society Registration, Limited Liability Partnership Registration, Copyright Registration, , Liaison Office Registration, Income Tax Exemption 80G & 12A, Pf Esi Registration, Iso Registration, GST Return, Producer Company Registration, Income Tax Return, Nbfc Registration, Digital Signature Certificate (DSC), Msme Registration Udyog Aadhaar, Partnership Firm Registration, Import Export Code (Iec), Patent Registration, Director KYC, Startup India Registration, Section 8 Foundation (Ngo), Trademark Registration, Foreign Company Indian Subsidiary, Fssai Food Registration, ROC Compliance, Commencement Of Business Certificate, GST HSN Lookup, Sole Proprietor Registration, Nidhi Loan Company Registration, etc.
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The all services are available in West Bengal in affordable price. Doesn't matter where you are in West Bengal like Gopalpur, Durgapur, Naihati, North Dumdum, Howrah (city area), South Dumdum, Rajpur Sonarpur, Bardhaman, , Kulti, Madhyamgram, Panihati, Raiganj, Kolkata, Baharampur, Kamarhati, Asansol, Maheshtala, English Bazar, Hugli and Chinsurah, Barasat, Serampore, Bally, Uluberia, Kharagpur, Siliguri, Bidhan Nagar, Bhatpara, Baranagar.
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Company Setup India is a single stop for off-shore company formation, buying an off-the-shelf (readymade) company, entire range of business and legal services, online accounting and all support services concerning foreign investment in India.
The main services we provide:-
·         Formation of One Person Company (OPC) in India
·         Formation of Private Limited Company in India
·         Formation of Public Limited Company in India
·         Formation of Limited Liability Partnership in India
·         Creation of a NBFC Company in India
·         Set up of a Government Company in India
·         Set up of a Holding/ Subsidiary Company in India
·         Set up of a Foreign Company in India
·         Buy a Readymade Company in India in India
·         Formation of Company Under Section 8 in India
·         Formation of Producer Company in India
·         Acquiring a Non-Banking Financial Company (NBFC) in India
·         Statutory Records & Compliances
·         Mergers, Acquisitions & Demergers
·         Amalgamation, Acquisition & Reconstruction
·         Open a Branch Office in India
·         Open Liaison Office in India
·         Foreign Direct Investment in India
·         All Post Incorporation Services such as TDS/Withholding Tax Registration, VAT/Sales Tax Registration,
·         Service Tax Registration, Import Export Code (IEC) Registration, ESI/PF Registration etc.
·         Business and Legal services
·         Accounting and Auditing Service
·         Service for Filling of Various Statutory Returns
·         The law relating to a partnership firm is contained in the Indian Partnership Act, 1932.
Company Setup India is based at New Delhi NCR, India to service clients anywhere in the world. We have our network on PAN India basis & across globe. We have our regional offices at Mumbai, Kolkata, Chennai, Bangalore, Chandigarh, Ranchi and Muzaffarpur.
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Ministry of Corporate Affairs: Supporting Entrepreneurship
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With India being ranked 142th on Ease of Business Doing Index and 158th on Ease of Starting a Business, startups in India find it a tough task to outshine amongst the well-established corporate firms in India. However, the Ministry of Corporate Affairs have been bringing reformations in regulations over the decade. In addition to relaxations in the Companies Act of 2013, MCA further announced in June 2017 highlighting certain provisions in the act which would benefit not only the private companies but the startups as well.
The exemptions introduced in the Act would only benefit the Department for Promotion of Industries and Internal Trade, (DPIIT) recognized startups. Moreover in 2015, MCA exempted the corporate sector from obligations related to minimum paid up capital.
Entrepreneurship and its horizons
Entrepreneurship revolves around business development and management involving certain risks in order to gain profits. The Ministry of Corporate Affairs took up an intense drive in-
Government Process Re-designing (GPR) and dispatched the
Simplified Proforma for Incorporating Company Electronically (SPICe) e-Form,
on the event of Gandhi Jayanti, 2016. SPICe is a more flexible structure than INC-29 and influences on advanced innovation by disposing of the requirement for printed versions of genuinely marked archives being appended to an e-structure. SPICe is presently the sole, simplified and versatile structure accessible for incorporation of an organization in India.
The Ministry has likewise coordinated the MCA21 System with the CBDT for issue of PAN and First TAN to an organization utilizing the Simplified Proforma for Incorporating Company Electronically. Shareholders can successfully submit their applications for incorporation and PAN & TAN (allotted by Income Tax Department) altogether thus reducing the time and processes for blooming startups.
Within the MCA directive, stern decisions have been made to improve the legitimate system, work on techniques and accelerate dynamics for simplicity of working together to introduce a solid climate for venture and corporate development. Many efficient corporate dialogues and cognitive consultations have been accomplished by the Ministry of Corporate Affairs to replenish conventional business standards and ensure smooth facilitation of Companies Act, 2013. Statutory implementations to ‘remove difficulties’ have been acknowledged and appreciated in the corporate sector. Furthermore, Lok Sabha introduced encourage business friendly and growth inducing provisions as:
Bringing forth amendments for minimum capital with best foreign practices
Stern lawful processions against frauds or disagreement in set regulations for deposits identified during audits
With declaration in SPICe e-form replacing affidavit for various filings, documentation mandates for foreign nationals to be Director of Indian corporate firms has been deduced to a much greater extent.
The Ministry of Industries and Commerce have developed e-business portals for collective procession of DIN, Company Incorporation and Commencement of Business. Nominal fee is charged by authorities for small scale corporate firms. To direct the flow of Indian business towards international capital markets, IndAS i.e. new accounting standards have been implemented in accordance with IFRS (International Financial Reporting Standards).
Safeguarding Businesses
Serious Fraud Investigation Fraud (SFIO) has been quite operational to avoid corporate delinquency by taking legal course of actions against companies failing the compliance of Companies Act, 2013. Steps were taken to cause merger of NSEL Limited with its parent company Financial Technologies (India) Limited to guard the interest of investors in NSEL on account of its regulatory defaults and the failure of the holding company to exercise oversight, the first ever initiative. With respect to Investment Education Initiatives, 1380 programs were organized to educate and create awareness amongst small investors regarding highs and lows of investments.
Central Registration Centre (CRC), organized for flawless procession of incorporation of companies, works in 2 phases, former one including “application filing for accessing name through e-form INC-1 and later one being “incorporation of companies through e-form”.
Why CRC?
With reengineering in cycle and foundation of Central Registration Center which was established under section 396 of Companies Act, joining of an organization is finished in a single day. Sustaining of Directors Identification Number (DIN), Permanent Account Number (PAN) and the main Tax Deduction Account Number (TAN) are subsumed in the incorporation and there is no different interaction.
All incorporations with an approved capital of INR 15,00,000 are not charged by MCA vide notification G.S.R no.180(E) dated 06.03.2019 amending the Rule 38(2) of the Companies (Incorporation) Rules, 2014.
Rule 38A was added to Companies (Incorporation) Rules, 2014 to merge the functioning of MCA21 with registration of EPFO, ESIC, GST while filing for incorporation of the company in SPICe e-form.
For convenience in incorporation of Section 8 companies, MCA vide notification no. 411 (E) dated 07.06.2019 centralized licensing and incorporation via single form and that being SPICe.
Reforming the corporate framework
With earlier limits for paid up capitals and annual turnovers for small firms being INR 50 lakhs and INR 2 crore respectively, Finance minister renewed the mandates for small companies in Union Budget 2021 granting special provisions like exemption from statutory audits, non-requirement for cash flow statements, holding board meeting once in every 6 months ( in accordance to 90 days of gap between to consecutive board meetings), filing of Annual Returns through Form MTG-7A for the financial year 2020–21 onwards.
As per MCA, common seal under Companies Act, 2013 has been made optional since 29.05.2015. Accordingly, all Banks have been directed by the Indian Bank Association (IBA) to avoid asking for affixation of either common seal on the application form for opening of Bank Accounts by companies. With almost all of the government and corporate sector services made available online, MCA facilitated:
Deployment of common form for registration under labor related laws for EPFO and ESIC on the ‘Shram Suvidha portal’
Final registration for Delhi VAT and Maharashtra VAT within a day through online mode
One single Registration Application Form for all the Acts administered by Maharashtra Sales Tax Dept. (MSTD)
Registration of Delhi Shops and Establishment Act, 1954 and Maharashtra Shops and Establishment Act, 1948 fully online
Central Registration Center for name availability and incorporation expanded the horizons for big corporate firms as well as small companies to go through filing procedures witnessing lesser complications.
The time period for processing incorporation applications under CRC saw a drastic decline from 5–15 working days in June, 2004 to 0.6 working days in March, 2017.
Companies could be allotted with their name availability applications within 0.4 working days in 2017. 90% of applications are being authorized in a day.
Increasing the transparency for shareholders, Ministry vide notice no. GSR 309(E) dated 30.03.2017 has recommended w.r.t related party transactions, where the consideration is equivalent to over 10% assets of the organization, the equivalent will be approved by the members of the organization. This has expanded the investor rights with respect to casting a ballot and exposure of a connected gathering exchange.
National Company Law Tribunal Rules substituted Company Law Board (CLB) in June, 2016. NCLT is initially located at ten places across India, equipped with requisite infrastructure and support staff, including Delhi, Mumbai, Kolkata, Hyderabad and Chennai.
NCLT is foreseen to be a more authoritative platform for adjudication of disputes on corporate law matters through disposal of such cases in a time bound and speedy manner.
CONCLUSION
The Ministry of Corporate Affairs (MCA) has transformed the dynamics of private companies and provided the corporate sector with an entire range of budding opportunities and privileges for rising entrepreneurs mostly with e-governance initiatives.
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mylegalexperts-blog · 5 years
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We thank you for sparing few minutes of your valuable time. We would like to introduce our as a LLP Firm MY LEGAL EXPERTS LLP CA CS CMA AND ADVOCATE . We offering our service in Tax, Registration,GST, Accounting, Investments and Management Consultancy, managed by professionals from India. Our bouquets of Services Portfolio are: 1. INCOME TAX:- Return Filing, Tax Deposit, TDS Returns, TAN, PAN, MAT, Tax Planning, NRI Taxation, Scrutiny, Assessments, Representing for Appeals etc. 2. GST: – Registration, GST Tax Deposit, Monthly & Annually Return Filing, Input Credit, Department Notice, Assessment, And Other Compliance. 3. COMPANY PVT. LTD./LTD/LLP - Company Incorporation, Minutes, Annual Filing, Income Tax Return Filing, Routine Compliance, Section 8 Company, Nidhi Company, Inspection & Investigation for Mergers & Takeover. 4. SOCIETY/ TRUST (NGO) – Registration of Society/Trust, All India society, MOA, Audits, Income Tax Return Filing, Registration 80G & 12A, FCRA, Utilization Certificates, Project Report etc. 5. PARTNERSHIP FIRM –Partnership Deed, Registration, Accounting and Auditing, Income Tax Return Filing etc. 6. PROPRIETOR FIRM – Registration, PAN, Accounting and Auditing, Income Tax Return Filing, Refund etc. 7. IMPORT-EXPORT CODE – Registration, Amendment and Return Filing. 8. ACCOUNTING – of Prop. Firm, Partnership Firm, Company, Trust, Society, Proper Accounting in Tally, Ledger Management, Inventory Management etc. ​9.​TRADE MARK- Registration of Trade Mark, Logo, Design, Brand Name, TM Search, TM Litigation, TM Monitoring, Patent, Copyright, AGMARK etc. 10.ISO CERTIFICATION: -9001:2015, 14001:2015, 18001:2007, 22000:2005, 27001:2013, 29990:2010, 10002:2014, 13485:2012, 50001:2011, 26000:2010 etc 11. FOOD LICENCE ( Fssai ): -Registration, State license, Central license 12. DIGITAL SIGNATURE CERTIFICATE :- All types Of Dsc. 13. MSME / UDYOG AADHAR :- Registration 14. ESI / PF :- Registration / Return 15.SHOP REGISTRATION :- Registration 16. LIFE CERTIFICATE :- Registration 17. OSP LICENSE :- Registration 18. JEEVAN PRAMAAN :- Registration (at Kolkata - The City of Love) https://www.instagram.com/p/B0gbCSpgguo/?igshid=wf1qw13yccys
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ultra-sourav-blr · 5 years
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Section 8 Company Registration
A Section 8 company can be discerned as an organization that is registered as a Non Profit Organization and has a prime objective of the endorsements of arts, commerce, charity, education, protection of environment, science, social welfare, sports, research, religion and aims to pertain its profits, if any, or other income in endorsing its objects.
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jass22 · 3 months
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Get Your Business Registered with Sujata Associates - Your Trusted Partner in Kolkata!
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Kickstart Your Business Journey with Sujata Associates! 🚀
Are you looking to establish a new business in Kolkata? Whether it's a Private Limited Company, a Nidhi Company, or a Section 8 Company, Sujata Associates is here to make your registration process seamless and stress-free!
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At Sujata Associates, we pride ourselves on being the leading experts in business registration services in Kolkata. Our team of experienced professionals is dedicated to providing comprehensive support for all your business needs, ensuring you can focus on what you do best - growing your business!
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juudgeblog · 6 years
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Role of the Registrar of Companies in the Incorporation Process
In this article, Kavya Lalchandani,  pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses on registration of a company by a registrar.
Introduction
Who is a Registrar of Companies?
Section 2(75) of the Companies  Act defines ‘Registrar’ as a “Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act.”
The registrar is the key person both at the time of incorporation as well as at the time of winding up. All the returns are also to be filed with him. He is fundamental in allotting a name to the company thus providing an identity to the Company. Once the Company gets registered its effect are given under the Section 9 of the Act which states that the Company would now be recognised as a separate legal entity, can buy or sell any property or enter into any transaction in its own name, etc.
Certificate of Incorporation to be granted by the Registrar
The Registrar has to keep in mind various substantive as well as various procedurals aspects of the Companies Act and Rules for incorporation in mind while granting the Certificate of Incorporation. Certificate of Incorporation is an important document as it acts as a proof of the existence of a company.  Any mistake or non-compliance by the Company with respect to either of the rules or provisions leads to Registrar to not grant the Certificate.
Procedure for Incorporation under substantive sections of Companies Act, 2013
Section 7 of the Companies Act, 2013 states the procedure and requisites of incorporation of a company. Section 7(1) lays down the documentation required to be filed with the registrar while incorporation. They are:
Memorandum of Association
Article of Association
A declaration of compliance with provisions of the Act by an Advocate, Companies Secretary, Chartered Accountant or Cost Accountant currently in practice and by the director, manager or secretary named in the Articles.
An Affidavit in declaration by all the subscribers and the first directors stating that they have not been convicted of any offence relating to fraud, breach of duty or misfeasance to any other company formed under the present Companies Act or any other previous company law.
The Correspondence Address till the registered office comes into the picture.
Complete details of the first Directors of the Company with family or surname, address, Director Identification Number (DIN) and any identity proof. Director Identification Number is a unique 8 digit identification number introduced by a way of an amendment in 2006 which has to be obtained by each of the directors within a prescribed time frame.
Interests of first directors with their consent of becoming the first directors of the Company.
Under Section 7(2) the Registrar records the submission of all the documents submitted and if satisfied give the Certificate of Incorporation.
Thus, the first situation under which the Company may not be getting registered with the RoC is due to the deficiency or incomplete documents as stated in Section 7(1). It is also to be kept in mind that application is made to the registrar having a jurisdiction of that area.
Section 4 of the Companies Act, 2013 also states the uniqueness of the Company name that is to be chosen.
Company (Incorporation) Rules, 2014
The substantive provisions of the Act should be read along with the incorporation rules of 2014. The relevant rules are as follows:
Rule 8 states the different standards that are to be kept in mind while choosing a unique name for the company. it is a detailed rule which exhaustively gives the list of things that are to be kept in mind while choosing a name.
Rule 9 states that the reservation of unique name (RUN) can be made through MCA Website (www.mca.gov.in) and by paying the requisite fees the name can be reserved.
According to Rule 10, the Registrar is to be given a notice of any entrenchment provision the Articles of the Company.
Under Rule 12, the application for incorporation is to be made to Registrar having the jurisdiction where the registration office is situated.
Under Rule 13 lays down extensive manner and procedure which is to be followed for getting the MoA and AoA signed. It is desirable to follow such procedure for avoiding any mistakes.
Rule 14 and 15 lay down the provision for the declaration by professionals and affidavits to be filed by subscribers and directors respectively.
Rule 16 gives the details of the information of the Directors that are required for Registration. It is of utmost importance that all the information therein shall be filled carefully to avoid any problem in the process of registration.
Fast Track Registration under INC-29
The new INC-29 inserted by Rule 36 of Company (incorporation) Rules, 2014 requires the Companies to get incorporated electronically. Steps that are to be followed give the basis for rejection or acceptance of application of the form. This can be followed by public, private and one person companies.
Digital Signature Certificate (DSC) of Class II type containing the signature of the director of the company shall be obtained from any of the providers listed with Ministry of Corporate Affairs (hereinafter MCA) like e-Mudhra, Tata Consultancy Services and others. DSC may get rejected due to minor mistakes like that of spellings or maybe not using Class II form or using abbreviations or prefixes. Director Identification Number (DIN) is also to be obtained by filling Form No. DIR-3.
Availability of Company Name on the website of MCA has to be searched for. Ideally, the company name should be unique and should not resemble any company which is existing in the same business or an established trademark. Any resemblance leads to outright rejection by the RoC.
After the Name is approved the Company has to prepare its Memorandum of Association (hereinafter MoA – Section 2(56) of the Companies Act, 2013) and Articles of Association (hereinafter AoA- Section 2(5) of the Companies Act, 2013). The MoA of the Company is the most fundamental Document of the Company which contains the following clauses (in chronological order): Name Clause, Situation Clause, Objects Clause, Liability Clause, Capital Clause and Subscription Clause. The AoA, on the other hand, specifies the rules, regulations and bye-laws for the internal governance of the Company. It contains clauses such as Powers of the Directors, Shareholders’ rights, Employee Protection, ESOPs, etc. One of the important provisions with regards to the formation of a Private Company is a restriction on transferability of shares.
The Company has to upload the above mentioned required documents in the following order DIN Application, Name Approval, MoA and AoA, Registered Office Verification and Appointments and Declarations.
File Form INC-29 along with registration fees and required stamp duty. CIN number is provided to the Company if timely and accurate compliance with procedures are undertaken by the Directors.
After all these steps if the Registrar is satisfied with the documents then he will issue the certificate of incorporation and if he is not then he will return the documents for correction rejecting the first application made.
INC-7 Form for incorporation
Along with Company (Incorporation) Rules, 2014 and Section 7 of the Companies Act, INC-7 an e-form has to be filled and submitted to the RoC if the company does not opt for integrated and fast-track registration under INC-29.
Similar to the INC-29, first DSC and DIN No. have to be acquired by the Directors of the Company, 3 in case of public company and 2 in case of private company.
For reservation of name with compliance with Rule 8 and 9, the Company has to fill e-form INC-1 for the same with required fees.
Payment of the required fees at each step is governed by Table of Fees attached as an annexure in Companies (Registration Offices and Fees) Rules, 2014 wherein the payment can be made through online (Credit Card and Net Banking) or offline portals (Challan). If the payment is not complete in the requisite time then the e-Form INC-1 will be treated as incomplete and consequently, the process of registration will not be completed. Also, it is to be borne in mind that all the details through online mode are correct otherwise the MCA 21 website will redirect to a fresh application.
After the e-form 1 is submitted there might be instances where a person would like to review the form filled at different stages before the final stage of going to the RoCs’ office. There are options for pre-scrutiny, modify and others for the complete satisfaction of the person. Once it goes to RoCs office the electronic form cannot be changed and thus the RoC shall accept the form as it is for background check and scrutiny.
The form shall be submitted by attaching the DSC to the RoC.
The RoC after this stage can reject the application if the name is not available for the company with the reasons for refusal to grant the name.
Before finally submitted the MoA and AoA, check and recheck the clauses so that there is no correction or hassles during the time of incorporation by the RoC and the Stamp Duty shall be payable on both MoA and AoA with respect to the Stamp Act. Do not forget to follow the Rules for MoA and AoA that are to be followed before submitting the Documents. Inc-8 by professionals and INC-9 by the subscribers or directors are also to be filed along with these documents. Form INC-22 is to be filed for verification of the Address.
Again, Compliance with all these rules is mandatory and thus if there is any deficiency in the form then the RoC can reject the application form.
Please note that under both INC-29 and INC-7 obtaining PAN (Permanent Account Number) and TAN (Tax Deduction Account Number) is optional but advisable.
e-FORM 32
Under electronic form 32 which is used for incorporation of the Companies, there are various requirements with regard to information of the type of the company, name approval, registered office and all the rules mentioned above in the preceding sections as discussed in detail.
Registration of One Person Company (OPC)
One Person Company is a new concept under the New Companies Act wherein only one member can be the member of the company and he or she has to nominate one other member with the consent of that member.
Rule 3 lays down in detail as to who can run an OPC and by following what procedure. Only a natural person who is a citizen and resident of India (not less than 182 days of the immediately preceding one year) can become the owner and nominee of such company. The subscriber to the memorandum in this can be a sole subscriber to only on such company at a particular period of time. Minor cannot be a nominee or a member of an OPC.
OPC cannot be formed to be converted into a Section 8 company or cannot carry non- banking financial investment activities.
Rule 4 lays down that Form INC2 for the nomination of another member and INC 3 for written consent of the member have to be given with the required fee under Companies (Registration Offices and Fees) Rules, 2014.
One Person Company has to be within the limits of its paid-up capital and specified turnover. The minimum paid-up capital should not exceed more than Rs. 50 lakhs and the turnover should not exceed more than Rs. 2 crores for a particular period (Preceding three years).
Apart from this, all the criteria which were there for incorporating any public or private company are to be followed under Form INC-7 and INC-29 and pay the fees accordingly.
Other Important Considerations
It is to be kept in mind that following forms are to be submitted to Registrar – Form 1, 18 and 32
The Memorandum and Articles of Association of the company shall be duly stamped by paying the requisite stamp duty which varies from state to state.
The application form shall only be submitted to the Registrar having the jurisdiction to issue the certificate of incorporation in that area.
RUN (Reservation of Unique Name) facility should be used by the Companies to reserve the name along with a fee of Rs. 1000.
What happens when the RoC refuses to give the Certificate of Incorporation?
There are two possible outcomes when RoC turns down the application for registration:
If there is a defect which can be cured by alteration, say in Memorandum or Articles of the Company, the directors may by passing a special resolution alter the Articles or Memorandum (as the case may be) and apply again to the RoC.
The Company may decide to appeal against the decision to NCLT. The Court back in the 1900s in the normal course would not interfere with the decision of the Registrar as it was assumed to be a conclusive proof of incorporation and decision of Registrar would be final.
But, now the Court may interfere with the decision of the Registrar and may reverse its findings if it finds out that there was procedural impropriety and the certificate is wrongfully refused to be granted.
  The post Role of the Registrar of Companies in the Incorporation Process appeared first on iPleaders.
Role of the Registrar of Companies in the Incorporation Process syndicated from https://namechangersmumbai.wordpress.com/
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loyallogic · 6 years
Text
Role of the Registrar of Companies in the Incorporation Process
In this article, Kavya Lalchandani,  pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses on registration of a company by a registrar.
Introduction
Who is a Registrar of Companies?
Section 2(75) of the Companies  Act defines ‘Registrar’ as a “Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act.”
The registrar is the key person both at the time of incorporation as well as at the time of winding up. All the returns are also to be filed with him. He is fundamental in allotting a name to the company thus providing an identity to the Company. Once the Company gets registered its effect are given under the Section 9 of the Act which states that the Company would now be recognised as a separate legal entity, can buy or sell any property or enter into any transaction in its own name, etc.
Certificate of Incorporation to be granted by the Registrar
The Registrar has to keep in mind various substantive as well as various procedurals aspects of the Companies Act and Rules for incorporation in mind while granting the Certificate of Incorporation. Certificate of Incorporation is an important document as it acts as a proof of the existence of a company.  Any mistake or non-compliance by the Company with respect to either of the rules or provisions leads to Registrar to not grant the Certificate.
Procedure for Incorporation under substantive sections of Companies Act, 2013
Section 7 of the Companies Act, 2013 states the procedure and requisites of incorporation of a company. Section 7(1) lays down the documentation required to be filed with the registrar while incorporation. They are:
Memorandum of Association
Article of Association
A declaration of compliance with provisions of the Act by an Advocate, Companies Secretary, Chartered Accountant or Cost Accountant currently in practice and by the director, manager or secretary named in the Articles.
An Affidavit in declaration by all the subscribers and the first directors stating that they have not been convicted of any offence relating to fraud, breach of duty or misfeasance to any other company formed under the present Companies Act or any other previous company law.
The Correspondence Address till the registered office comes into the picture.
Complete details of the first Directors of the Company with family or surname, address, Director Identification Number (DIN) and any identity proof. Director Identification Number is a unique 8 digit identification number introduced by a way of an amendment in 2006 which has to be obtained by each of the directors within a prescribed time frame.
Interests of first directors with their consent of becoming the first directors of the Company.
Under Section 7(2) the Registrar records the submission of all the documents submitted and if satisfied give the Certificate of Incorporation.
Thus, the first situation under which the Company may not be getting registered with the RoC is due to the deficiency or incomplete documents as stated in Section 7(1). It is also to be kept in mind that application is made to the registrar having a jurisdiction of that area.
Section 4 of the Companies Act, 2013 also states the uniqueness of the Company name that is to be chosen.
Company (Incorporation) Rules, 2014
The substantive provisions of the Act should be read along with the incorporation rules of 2014. The relevant rules are as follows:
Rule 8 states the different standards that are to be kept in mind while choosing a unique name for the company. it is a detailed rule which exhaustively gives the list of things that are to be kept in mind while choosing a name.
Rule 9 states that the reservation of unique name (RUN) can be made through MCA Website (www.mca.gov.in) and by paying the requisite fees the name can be reserved.
According to Rule 10, the Registrar is to be given a notice of any entrenchment provision the Articles of the Company.
Under Rule 12, the application for incorporation is to be made to Registrar having the jurisdiction where the registration office is situated.
Under Rule 13 lays down extensive manner and procedure which is to be followed for getting the MoA and AoA signed. It is desirable to follow such procedure for avoiding any mistakes.
Rule 14 and 15 lay down the provision for the declaration by professionals and affidavits to be filed by subscribers and directors respectively.
Rule 16 gives the details of the information of the Directors that are required for Registration. It is of utmost importance that all the information therein shall be filled carefully to avoid any problem in the process of registration.
Fast Track Registration under INC-29
The new INC-29 inserted by Rule 36 of Company (incorporation) Rules, 2014 requires the Companies to get incorporated electronically. Steps that are to be followed give the basis for rejection or acceptance of application of the form. This can be followed by public, private and one person companies.
Digital Signature Certificate (DSC) of Class II type containing the signature of the director of the company shall be obtained from any of the providers listed with Ministry of Corporate Affairs (hereinafter MCA) like e-Mudhra, Tata Consultancy Services and others. DSC may get rejected due to minor mistakes like that of spellings or maybe not using Class II form or using abbreviations or prefixes. Director Identification Number (DIN) is also to be obtained by filling Form No. DIR-3.
Availability of Company Name on the website of MCA has to be searched for. Ideally, the company name should be unique and should not resemble any company which is existing in the same business or an established trademark. Any resemblance leads to outright rejection by the RoC.
After the Name is approved the Company has to prepare its Memorandum of Association (hereinafter MoA – Section 2(56) of the Companies Act, 2013) and Articles of Association (hereinafter AoA- Section 2(5) of the Companies Act, 2013). The MoA of the Company is the most fundamental Document of the Company which contains the following clauses (in chronological order): Name Clause, Situation Clause, Objects Clause, Liability Clause, Capital Clause and Subscription Clause. The AoA, on the other hand, specifies the rules, regulations and bye-laws for the internal governance of the Company. It contains clauses such as Powers of the Directors, Shareholders’ rights, Employee Protection, ESOPs, etc. One of the important provisions with regards to the formation of a Private Company is a restriction on transferability of shares.
The Company has to upload the above mentioned required documents in the following order DIN Application, Name Approval, MoA and AoA, Registered Office Verification and Appointments and Declarations.
File Form INC-29 along with registration fees and required stamp duty. CIN number is provided to the Company if timely and accurate compliance with procedures are undertaken by the Directors.
After all these steps if the Registrar is satisfied with the documents then he will issue the certificate of incorporation and if he is not then he will return the documents for correction rejecting the first application made.
INC-7 Form for incorporation
Along with Company (Incorporation) Rules, 2014 and Section 7 of the Companies Act, INC-7 an e-form has to be filled and submitted to the RoC if the company does not opt for integrated and fast-track registration under INC-29.
Similar to the INC-29, first DSC and DIN No. have to be acquired by the Directors of the Company, 3 in case of public company and 2 in case of private company.
For reservation of name with compliance with Rule 8 and 9, the Company has to fill e-form INC-1 for the same with required fees.
Payment of the required fees at each step is governed by Table of Fees attached as an annexure in Companies (Registration Offices and Fees) Rules, 2014 wherein the payment can be made through online (Credit Card and Net Banking) or offline portals (Challan). If the payment is not complete in the requisite time then the e-Form INC-1 will be treated as incomplete and consequently, the process of registration will not be completed. Also, it is to be borne in mind that all the details through online mode are correct otherwise the MCA 21 website will redirect to a fresh application.
After the e-form 1 is submitted there might be instances where a person would like to review the form filled at different stages before the final stage of going to the RoCs’ office. There are options for pre-scrutiny, modify and others for the complete satisfaction of the person. Once it goes to RoCs office the electronic form cannot be changed and thus the RoC shall accept the form as it is for background check and scrutiny.
The form shall be submitted by attaching the DSC to the RoC.
The RoC after this stage can reject the application if the name is not available for the company with the reasons for refusal to grant the name.
Before finally submitted the MoA and AoA, check and recheck the clauses so that there is no correction or hassles during the time of incorporation by the RoC and the Stamp Duty shall be payable on both MoA and AoA with respect to the Stamp Act. Do not forget to follow the Rules for MoA and AoA that are to be followed before submitting the Documents. Inc-8 by professionals and INC-9 by the subscribers or directors are also to be filed along with these documents. Form INC-22 is to be filed for verification of the Address.
Again, Compliance with all these rules is mandatory and thus if there is any deficiency in the form then the RoC can reject the application form.
Please note that under both INC-29 and INC-7 obtaining PAN (Permanent Account Number) and TAN (Tax Deduction Account Number) is optional but advisable.
e-FORM 32
Under electronic form 32 which is used for incorporation of the Companies, there are various requirements with regard to information of the type of the company, name approval, registered office and all the rules mentioned above in the preceding sections as discussed in detail.
Registration of One Person Company (OPC)
One Person Company is a new concept under the New Companies Act wherein only one member can be the member of the company and he or she has to nominate one other member with the consent of that member.
Rule 3 lays down in detail as to who can run an OPC and by following what procedure. Only a natural person who is a citizen and resident of India (not less than 182 days of the immediately preceding one year) can become the owner and nominee of such company. The subscriber to the memorandum in this can be a sole subscriber to only on such company at a particular period of time. Minor cannot be a nominee or a member of an OPC.
OPC cannot be formed to be converted into a Section 8 company or cannot carry non- banking financial investment activities.
Rule 4 lays down that Form INC2 for the nomination of another member and INC 3 for written consent of the member have to be given with the required fee under Companies (Registration Offices and Fees) Rules, 2014.
One Person Company has to be within the limits of its paid-up capital and specified turnover. The minimum paid-up capital should not exceed more than Rs. 50 lakhs and the turnover should not exceed more than Rs. 2 crores for a particular period (Preceding three years).
Apart from this, all the criteria which were there for incorporating any public or private company are to be followed under Form INC-7 and INC-29 and pay the fees accordingly.
Other Important Considerations
It is to be kept in mind that following forms are to be submitted to Registrar – Form 1, 18 and 32
The Memorandum and Articles of Association of the company shall be duly stamped by paying the requisite stamp duty which varies from state to state.
The application form shall only be submitted to the Registrar having the jurisdiction to issue the certificate of incorporation in that area.
RUN (Reservation of Unique Name) facility should be used by the Companies to reserve the name along with a fee of Rs. 1000.
What happens when the RoC refuses to give the Certificate of Incorporation?
There are two possible outcomes when RoC turns down the application for registration:
If there is a defect which can be cured by alteration, say in Memorandum or Articles of the Company, the directors may by passing a special resolution alter the Articles or Memorandum (as the case may be) and apply again to the RoC.
The Company may decide to appeal against the decision to NCLT. The Court back in the 1900s in the normal course would not interfere with the decision of the Registrar as it was assumed to be a conclusive proof of incorporation and decision of Registrar would be final.
But, now the Court may interfere with the decision of the Registrar and may reverse its findings if it finds out that there was procedural impropriety and the certificate is wrongfully refused to be granted.
  The post Role of the Registrar of Companies in the Incorporation Process appeared first on iPleaders.
Role of the Registrar of Companies in the Incorporation Process published first on https://namechangers.tumblr.com/
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at8acounting · 5 years
Text
GST Registration
SOLE PROPRIETORSHIP OR GST REGISTRATION
 The sole proprietorship is the simplest business form under which one can operate a business. The sole proprietorship is not a legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. A sole proprietorship can operate under the name of its owner or it can do business under any other name which he wishes to register.
The sole proprietorship is a popular business form due to its simplicity, ease of setup, and nominal cost. A sole proprietor need only register his or her name and secure local licenses, and the sole proprietor is ready for business.
Advantages PROPRIETORSHIP REGISTRATION OR GST REGISTRATION:
·       It is the simplest and easiest form of business
·       There is no legal distinction between the owner and the business.
·       Easy to register.
·       There are less legal compliances and regulation in comparison to company
·       Only Income tax is required to be filed.
  Documents required PROPRIETORSHIP REGISTRATION OR GST REGISTRATION
 ·       Identity and Address Proof of the Proprietor
·       Email id / Contact No of the Proprietor
·       Passport Size Photo of the Proprietor
·       Utility Bill for the registered Office (not more than 2 months)
·       No Objection Certificate from the Owner
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startupregistration · 5 years
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Business Registration in West Bengal
Are you intrested in Company Registration in West Bengal, and then this is the right location for you. There are so many different nature of business entity, which you can form in West Bengal, like Producer Company, Private Limited Company, NGO, Proprietorship Firm, Public Limited Company, Limited Liability Partnership Company, Partnership Company, Section 8 Foundation, Nidhi Company, OPC Pvt Ltd Company, etc. West Bengal is one of the fastly rising State of West Bengal and there are so many clients in West Bengal who has enrolled Firm via FinanceBazaar.com. This time FinanceBazaar is the one of the Best Business registration service provider in West Bengal, you can also view Finance Bazaar reviews on Google. As you know West Bengal is one of the rapidly increasing state in India where you can do your business highly successfully. Firm establishment in West Bengal is not an easy step for every one, because there are various processes that you must required to follow and there are so many legal paper work that you have to fulfill for entirely Firm formation. But you have no need to worry concerning anything, because financebazaar.com is doing online Firm establishment service in West Bengal which client do not need to do anything. client have to submit just documents and Government Fees and Our Chartered Accountant will take care of all. Basically Firm registration formalities takes 7 to 10 working days that every thing depends on your coordination.
On this website you will get Every clarification regarding How to Register Firm in West Bengal
What FBAZAAR will provide
PAN and TAN
MOA and AOA
Digital Signature Certificate (DSC) For All Directors
Certificate of Firm incorporation
Share Certificates
GST Number (If required)
Following details required for Company registration in West Bengal
Company Name: - The Firm name that you required to form will be provided by your side, but there are a lots of conditions for choosing the Business name. You can not use common words and those words that are previously incorporated or trademarked can't be desirable. FBAZAAR Best CA will advise you even in choosing Company name.
Authorized Capital: - Minimum 1 Lakh Authorized amount is mandatory for Firm establishment in West Bengal . You can spread it as per your need. But if you will enlarge authorized capital, more than 10 Lakh, then registration costs will even extend.
Paid-up Capital: - You can open your Business from One Rupee paid-up money in West Bengal and you can extend it as you require, but you should be aware the paid-up money amount forever lower than the Authorized capital.
Number of Directors: - At Least two directors compulsory for Private Limited Firm and only single director for OPC Firm. In Pvt Ltd Firm you can enlarge the number of directors till 15.
Business Activity: - This is an important area of your Company, your business activity will determine the business class in which your Firm name will be incorporated and it will as well quoted in MOA and AOA.
Office address: - The office address where you required to form your Company.
Every Single Directors email id and phone number: - Each director mail address and phone number compulsory for Digital Signature and DIN.
Need Documents for Company incorporation in West Bengal
These are some following papers that you need to submit for Company enrollment in West Bengal:
Aadhar Card/Voter Card/Driving License/Passport of Every Directors
Pan Card of Every Directors
One utility bill (Electricity, Gas, Phone, Water Bill of any name) for office address proof
Updated Bank Statement of Each and Every directors/Any Updated bill for address proof of Every Single directors like Mobile Phone Bill, Gas Bill, Electricity Bill, etc.
Photographs of All directors.
For GST Registration Rent Agreement Between company name and owner of the property where company has registered.
Fees for Firm establishment in West Bengal
Company Registration Charges in West Bengal is roughly Rs 6999/- (Six Thousand Nine Hundred Ninety Nine Rupees Only/-), but it can vary as per your demand. If we discuss about price structure, then in the initial phase 1000 rupees goes to the Government for Company name application and you have two possibilities for your Business name confirmation, if your Business name is unmatched, then it can be permitted in first attempt. If two times your Business name has disavowed, then you need to pay 1000 rupees again to the Gov for re-submit another one name request. After Firm name confirmation you must have to pay Gov registration duties that can be different as per your Authorized capital or state rules. Every states have personal rules including West Bengal concerning registration duty for Firm incorporation. If you required two directors in your Firm, then estimated 500 Rupees Every Single director Fees for Digital Signature Certificate Token, if directors will increase, then the Digital Signature Fees will also increase consequently. PAN & TAN Charges also collect by Government that will not be vary. And last one our professional fees includes for doing and preparation all documents, paper burden and other procedures.
FinanceBazaar provides Such services in West Bengal
Private Limited Compliance
Income Tax Return Filing
DIN Activation
LLP Annual Compliance Service
Society Registration
MSME Udyog Aadhaar Registration
Copyright Registration
Director KYC Verification
Public Limited Company Compliances
Nidhi Company Compliances
Close or Winding Up Of a Company
Producer Company Compliances
Company Registration
Trademark Registration
Startup India Registration
One Person Company Compliances
Change Company Name
Section 8 Foundation Registration
12A 80G Registration
Commencement of Business Certificate
Chartered Accountant Consultation
Import Export Code | IEC Certification
Change Company Address or Registered Office
Trust Registration
Digital Signature Certificate
LLP Registration
FCRA Registration
GST Return Filing
Nidhi Company Registration
Sole Proprietor Registration
Partnership Firm Registration
GST Surrender
GST Registration
One Person Company Registration
Producer Company Registration
Section 8 Company Compliances
Change, Add or Remove Company Director
Food License (FSSAI) Registration
Public Limited Company Registration
ISO Certification
Private Limited Company Registration
NGO Compliances
NGO Registration
Finance Bazaar offering Every services all over in India as well as West Bengal in Each places like Barasat, Uluberia, South 24 Parganas, Howrah, Maldah, North 24 Parganas, Baranagar, Adra, Paschim Medinipur, Durgapur, Asansol, Taki, Darjeeling, Monoharpur, Gopalpur, Purulia, Malda, Paschim Punropara, Madhyamgram, English Bazar, Mathabhanga, Raghunathpur, Arambagh, Jalpaiguri, Sainthia, Hooghly, Alipurduar, Kulti, Haldia, Maheshtala, Hugli, Tamluk, Siliguri, Suri, Bidhan Nagar, Pandua, Uttar Dinajpur, Naihati, Cooch Behar, Kharagpur, Murshidabad, Purba Bardhaman, Bankura, Purba Medinipur, South Dumdum, Raiganj, Tarakeswar, Baharampur, Bally, Panihati, Birbhum, Bhatpara, Nadia, Gangarampur, Kamarhati, Panchla, Kolkata, Dakshin Dinajpur, Memari, Paschim Bardhaman, Mainaguri, Srirampore, Jhargram, Medinipur, West Bengal, North Dumdum, Kalimpong, Sonamukhi, Serampore, Bardhaman, Rampurhat, Rajpur Sonarpur, Chandpara, etc.
You can also search for
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Get the Best Professional Advice from Leading Financial Consultants in Kolkata
Royal Tax Solution is the leading financial consultant in Kolkata. The company is very distinguished, and the services that we offer are of exceptional quality. The company has always believed in the philosophy to help the organizations and corporation with all the paperwork, financial statement auditing, income tax returns and a lot more. The service provided by the organization are in a broad category, will be about how to start a business, Protect business, manage a business and finally to how to grow a business.
The company’s service helps business houses from the start until the business is fully operating and functioning and start reaping the rewards. We help business houses about the proper procedure documentation and other legal aspects that need to be followed by the law of the land if the organization wants to do business. Business houses are in various types and have a variety of requirements. It also caters to of various requirements that generally arise as and when a company encounters it.
The Start of the Tax Registrations & Role of Our Organization
After the financial liberation of the Indian Economy, which happened in the year 1991? The country rules and regulation for setting up enterprise were relaxed. All the unnecessary ruled were omitted and removed. It also opened up the business environment of the whole nation. A lot of industries were removed from stringent rules and regulation that was prevalent before the era of liberalization. After the liberalization of the Indian economy took place, a lot of business houses started to expand.
A number of business houses also started operating as redundant norms were eliminated, and more business-friendly policy took place. We provide consulting about the procedure for a young business owner who wants to start his own business. The company also provides guidelines about the authorities that the entrepreneur has to follow in order to register his business legally. Besides laying the groundwork for startup’s the organizations also caters to the need of how to start a one-person company, how to start a limited liability company, start an NGO/ section 8 companies. The company also is experts in other domains like about how to Get Online GST Registration done. Goods and service taxes have been implemented recently by the Government of India to simplify the Income process.
It has been made mandatory by the Government of India to Get Online GST Registration done for all the various type of organization. The dedicated employees at the organization assist the company with getting their GST registration done in a timely manner and reduce complexity and unnecessary hassle that usually comes when applying for GST registration. The company besides acting as a single-window gateway for company requirements also acts an Income Tax Consultant In Kolkata where its headquarters is located.
What Our Organization Boasts of
Our is also the leading Income Tax Consultant In Kolkata. The company has a happy set of satisfied business houses which regularly and frequently sought the aid and advice experts of the company’s expertise. Our organization puts customer needs and requirements ahead of all other issues. For us, customers and clients are priceless and invaluable. Satisfying customer needs is the key to understanding the basics of business. We here understand that and tries to walk the talk when it comes to dealing with other people’s business. For this outstanding quality, the company is considered the best Service Tax Consultant In Kolkata.
We are also considered the best Service Tax Consultant In Kolkata because of no reason. It acts as a one-stop solution for everything related to business operation. We also help business to safeguard their products and services as it acts as a consultant about the way trademarks has to be obtained, which by the way differs from one type of business to others. It definitely is a complicated task. Understanding the business from inside out and then suggesting the trademark is easier said than done. As the allotted trademark does not stay with the organization until perpetuity, it has to be renewed after a specific period of time. Our company also provides trademark renewal services along with all the host of other services that usually come along when a company is operating.
In times of today, there definitely are a lot of options that help organizations with types of services but finding the right match which will understand the business and help it grow is the difficult part of the puzzle. Choosing Royal Tax Solution will definitely help your organization give that extra edge in every domain possible and stay ahead of the competition.
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TaxoVita is leading Company Registration consultant in Kolkata. We provide various firm registration services across India. Company Registration Process can be done through Online by sending your all necessarily documents in down below Link.  We provide company registration Process which is completely hustle free.
Various firms registrations services.
Limited Liability Company
Private Limited Company
Partnership Company Registration
OPC Registration
Public Limited Company
Proprietorship Firm Company
MSME | SSI Registration
Section 8 Company Registration
Nidhi Company Registration
Producer Company Registration
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Company Share Capital Reduction- Procedures
The national law tribunal, it means the procedures for the reduction of the company share capital. It describes in section 66 of the Companies Act, 2013 and it publishes at the Gazette of India on December 15th, 2016. Identically, To reduce the share capital amount we have to make an application to the National Company Law Court (NCLT) under section 66. Additionally, The reduction of the capital amount limites by shares or limited guarantee and having a capital share after passing the application.
Share capital reduction involves modification in the memorandum of association of the particular company. Such types of reduction can be done in two ways. Either, we can turn off or reduce the liability or responsibility on the company’s share capital. The capital amount may be paid up or the available assets. Correspondingly, Reduction cannot do in the following cases like if the company carrying any arrears of deposit repayment or the due in the interest payable.
Provision of company share capital Form
Regarding Rule 2(1) an application to National Company Law tribunal to confirm the reduction of the share capital should be filled in Form No. RSC-1. Rule 2(2) specifies what are the mandatory documents and papers should submit with the applications. Particularly, It includes some sort of creditors’ class wise name and address. The rule does not contain any list as we mentioned above. Certainly, This list collection should not exceed more than 15 days of the actual application registration. There contain three different sets of certificates from the company’s auditor with respect to the list. Especially, These lists should be sanctioned by the managing director of the company as true and correct.
Company share capital Application Notice
The notice of registration application for the capital share reduction should be sent to the Central Government, concerned Registrar of the companies in for type RSC.2. Consequently, If the company is a listed one then the notice should be forward to the SEBI also. The central Government is passed on his power to the Regional directors at Mumbai, Kolkata, New Delhi, Chennai, Hyderabad, Ahmedabad, and Shillong under section 66(2) by notification No. S.O 2938(E) dated 06-09-2017. Accordingly, When corresponding notice also is given to the creditors in Form No. RSC-3 for getting their objections. The form also published in the newspaper in Form No.RSC-4. Obviously, To confirm the dispatch and publication of notice an affidavit in Form No.RSC-5 should file with NCLT.
The concerned fee for the reduction of share capital is 5000/-.
Company share capital Compromises, Arrangements, and Amalgamations on Rule, 2016
The Companies Compromises, Arrangements, and Amalgamations on Rule, 2016 describes in section 230 to 233 and section 235 to 240 of the companies, 2013. Ultimately, These rule and regulations publishes in the Gazette of India by Notification No. G.S.R. 1134. Section 230 of the company Act 2013 states that when a company registration arises the arrangement between the company and its members or any class of them or between a company and its creditors, the NCLT may on the application of the company, or the creditor or member get arises. The arrangements include reorganization of the company’s share capital. This is done by the association of shares of various classes. Definitely, It also contains another method named the division of shares into shares of various classes.
Application
Rule 3(1) describes that the supplication should make to NCLT in form No.NCLT-1 along with a notice of admission and an affidavit in Form No.NCLT-6 and a copy of arrangement along with the concerned fee Rs.5000/-.
Joint Application
Rule 3(2) states if we want to register or file an application then more than one company is involving and such application may files as a joint application.
Issue of notice to the company share capital
The Rule 3(3) states if the company is not the applicant then the copy of the confirmation and the admission notice also submit base4d on the company upon its receiver not less than 14 days before the date fixed for the hearing of the admission.  
Disclosure to NCLT
Rule 3(4) provides that the applicant may disclose to NCLT in the application regarding which class of members identifies for the purpose of approval of the scheme.
Creditors Responsibility statement
Cases like a scheme of corporate responsibility rebuilding as provided in section 230(2) © (I) of the company Act, Rule 4 states the responsibility of the member defines in form No. CAA. 1 and it may include in the scheme of corporate duty measurement. Eventually, Corporate responsibility rebuilding means a special one that restructures the out structure of the company.
Directions of NCLT
Rule 5 states that on the time of admission of NCLT it gives directions towards the below lists:
Instantly, Determining the Classes of members whose meeting for the arrangement with the meeting for any classes of creditors in terms of subsection (9) of section 230.
Allocating the time and place for meeting and meetings.
Appointing a chairperson and scrutinize the detail of the meeting that was held, and fixing the terms of statements like his appointment and it including his wage.
Fixing the arrangements like voting the person regarding the name, proxy, machines, etc.
Presently, Determination of the priority of the member or the creditors of any class.
Notice to be given based on the meeting date or meetings.
The Notice to be given to sectoral officials or consultants under the section (5) of section 230.
Occasionally, Reporting time of the chairperson who wants to submit the result to the court based on the company incorporation meeting data.
These other types of matters are necessary for NCLT.
Meeting Notice of company share capital
When a meeting of a class or classes gets organizes and the meeting pursuant has been directed to send to NCLT as provided in subsection 3 of section 230 of the Act. Eventually, This notice should be forwarded to each of the creditors or members individually under Rule 6 of the Rules.
Advertisement of meeting notice
The advertisement for the noticed meeting should submit in Form No.CAA.2 in newspapers regarding Rule 7. In the case of listed companies, the advertisement should be placed on the website of the SEBI and the recognized stock exchange where the securities of the companies are listed one by one. When separate meetings or classes of members or creditors are held, then a joint advertisement for such meeting may get done.
Notice to legal authorities regarding company share capital
These notices are making under section 5 of section 230 of the Act and in a form CAA.3. It should be associates with a copy of the scheme of compromise or arrangement. The explanatory statement should be sent to the authorities mentioned in Rule 8(1) by registering post. If no representation is registers or receives within 30 days by NCLT from these authorities, it will get assumed that the authorities have no depiction to make on the proposed scheme of arrangement.
Voting
The person who gets the notice for voting may within one month from the date of receipt vote in the meeting either in person or through proxy or through postal ballot or through electronic machines to the adoption of the series of arrangements.
Proxies
The voting can be done through a proxy. here, the proxy should be in an appropriate manner sign by the person who permits to attend and vote at the meeting is the registration of a company with no longer than 48 hours before the meeting as per the Rule 10.
Copy of arrangement may furnish by the company
Each and every creditor or member entitles to attend the meeting may furnish by the companies.
Affidavit of company share capital service
A confirmation as per the Rule 11 should file by the chairperson appoint for the meeting of the company and the notices of the seminar before NCLT not lesser than 7 days before the date fix for the assembly.
Meeting report by Chairperson
The chairperson of the meeting should be within the time fixation by NCLT or when no time has a fix within 3 days after the conclusion of the seminar. Here, the submission report to NCLT in form No.CAA.4 under rule 14.
Petition for conforming the arrangement
Rule 15 states that where the proposes agreement is confirmed by the members or creditors or both with or without modification, the company may within seven days of the report by the chairperson in form no. CAA.5.
Hearing Notice
Similarly, Once the NCLT fixes the date of report hearing, the notice of the hearing should be advertising in the same newspaper in which the notice of the meeting was advertised. Hence, Rule 16 states 10 days before the date fixed for the hearing.
Order on Petition
Where NCL sanctions the arrangement the order may include such directions in regard to any matter in the arrangement as NCLT may think it fit to make for the proper working of the compromise under Rule 17.
Liberty on application
Probably, The rule 23 provides that the company or any creditor or member in case of a company which is bounded on at any time after passing the order sanctioning the arrangement.
Conclusion
If you want to register your company without affecting the legal problems, you can reach out Corpstore the best business consultant services in Coimbatore. Accordingly, We also provide services like trademark registration, DSC services, and secretarial services.
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