company law domain

Incorporation / Registration of a Company / Limited liability Partnership LLP

If you intend to start your own business or expand your business by forming a new company/LLP in India, then start it now, with the help of us.
We will make the compliances on behalf of the proposed company/LLP by the filing of required forms with the Ministry of Corporate Affairs (MCA), Reserve bank of India (RBI), or any other statutory authorities.

Just provide us documents as mentioned in the checklist for incorporation/ formation/registration of new company/LLP.

Appointment of Director/ Designated Partner.

A director or designated partner can be appointed with the approval of the Board of Directors (BOD)/ Shareholders of an existing company, by the filing of prescribed forms with the Registrar of Companies (ROC)  and after getting Director Identification Number(DIN)/ Designated Partner Identification Number (DPIN).

We are providing consultancy services relating to compliances on behalf of the director/ designated Partner such as filing of required forms with the Ministry of Corporate Affairs (MCA), or any other statutory authorities.

We need following information/ documents for the Appointment of Director/ Designated Partner:-

(A) Director Identification Number (DIN)/ Designated Partner Identification Number (DPIN);- If doesn’t have then don’t worry, we will help you to get the same.

(B) Approval of (BOD)/ Shareholders of the company by way of Certified True Copy of the resolution passed at Board meeting &  General Meeting; 

(C) Consent of the appointee Director with KYC documents.

Resignation/ Cessation of Director.

Sometimes, you feel that there is something wrong or illegal things happen in your company and you don’t want to be a part of it. In that case, your one smart decision can save your life and reputation.

There are many provisions wherein if management does the misconduct or any illegal things then law comes heavily on that and directors may get life imprisonment.

If you are a director in a company and these things are happening in your organization, immediately contact us. We will help you to get relief out of it and save you.

If a Director wants to make himself/herself free from all his duties, responsibilities, or liabilities towards the company, they can do so by filing their resignation with the company after that intimate the same to the ROC.

Just Provide Us:-

(A) Resignation Letter

(B) Approval of BOD

(C) Any Other information required for the same.

Annual ROC Returns Filing

In India, Every registered company is required to file their financials within the period of 60 days from the date of the Annual General Meeting (AGM) with the ROC in Form AOC-4/AOC-4 (XBRL) and annual return within the period of 60 days from the AGM with the ROC in form MGT-7.

We are providing ROC compliances related services. We prepare required papers and documents and file required forms with the Ministry of Corporate Affairs (MCA).

The following information and documents are required:

(A) Financials along with the auditor’s report

(B) Notice of AGM

(C) Board’s Report along with its annexures

(D) MGT-9 Extract of Annual Return

(E) List of Shareholders

(F) Other relevant information related to filing.

Online Stamping of Share Certificates of Companies

If your company has issued share certificates then stamp duty is required to pay online on the share certificates within the period of 30 days from the date of issuance of share certificates.

The following information are required-

(A) Share Certificates

(B) Certificate of Incorporation(COI)

(C) Memorandum of Association (MOA) and Article of Association(AOA)

(D) PAS -3 with receipt of payment filed to ROC (in case of further allotment)

Click here for more details.

Issue of Share Capital via Right Issue

Where a company wants to raise funds by inducing capital funds from its existing shareholders, it may go for the right issue.

In simple words, If you intend to induce more capital in your company or want to issue fresh shares, then the right issue of shares would be the best option for this. The right issue of shares is an option for you to raise funds by offering shares to existing members in proportion to their existing shareholding.

We provide consultancy services relating to the issue of Shares.

Increase in Authorised Capital of the Company.

If you are facing obstacles in your business due to inadequacy of funds and you want to expand your business that you can go with the expansion of the authorized capital of the company. Before commencing the procedure for increasing authorized share capital, Firstly, we need to check whether AOA is giving authorization for the increase in authorized capital or not if not then first need to alter the AOA.

Secretarial Audit

Every listed company and a company belonging to the below-mentioned class of companies:-

(a) Every public company having a paid-up share capital of fifty crore rupees or more

(b) Every public company having a turnover of two hundred fifty crore rupees or more. Shall annex with its Board Report a secretarial audit report given by a company secretary in practice in the prescribed format of form MR-3.

Secretarial Audit thus provides necessary comfort to the management, regulators, and the stakeholders, as to the statutory compliance, good governance, and the existence of proper and adequate systems and processes.

Benefits of Secretarial Audit:-

1) It helps the companies to build their corporate image.

2) Companies with an effective compliance management program have a lesser chance of receiving penalties, both monetary and by way of imprisonment.

3) Recognition for the company as a good corporate citizen.

 

Removal of Disqualification of Directors

If you have been disqualified u/s 164(2) of the Companies Act, 2013 due to non-filing of financial statement and annual return with the Registrar of Companies for the continuous period of 3 years or more years and disqualification has made you unable to appointment/ re-appointment in any company for the period of five years.

Consequences if disqualified Directors continue as Director in the existing companies:-

1) If disqualified directors signing the financials –Such financials shall be considered void.

2) Any documents/resolutions signed by disqualified directors shall be considered invalid/void.

3) Disqualified directors shall not be eligible to be re-appointed as a director of the company, who committed default u/s 164(2) of the companies act, 2013 or appointed in any company for a period of five years.

We are indulged in proving consultancy services for removing disqualification of Directors.

Documents required to remove director disqualification

Without the Condonation of delay scheme:

a. In case the company was in function(Active Company)

i. A petition to NCLT

ii. All the documents that are overdue under Section 403

iii. An e-CODS form on MCA 21 portal

b. In case the company was non-functional(Strike off Company)

i. A petition to the high court

ii. An e-CODS form on MCA 21 portal

iii. All the documents that are overdue under Section 403

If you want to remove this disqualification and want to complete your compliances then we the team of secretarial pro is here to help you.

DIGITAL SIGNATURE CERTIFICATE (DSC)

A Digital Signature Certificate (DSC) is a secure digital key that certifies the identity of the holder, issued by a Certifying Authority (CA). It typically contains your identity (name, email, country, APNIC account name, and your public key). Digital Certificates use Public Key Infrastructure meaning data that has been digitally signed or encrypted by a private key can only be decrypted by its corresponding public key. A digital certificate is an electronic “credit card” that establishes your credentials when doing business or other transactions on the Web. 

Digital Signature is required if you intend to become a part of any existing company or if you are planning to do business in India by forming your own Company. Further, a Digital signature will help you to file the necessary forms and returns of your company with the concerned authorities

FAQ's

Incorporating a company through Simplified Proforma for Incorporating Company electronically (SPICe -INC-32), with eMoA (INC-33), eAOA (INC-34), is the default option and most companies are required to be incorporated through SPICe only.

Any foreign company can establish its place of business in India by filing eForm FC-1 (Information to be filed by a foreign company).

Note: The eform needs to be digitally signed by an authorized representative of the foreign company. There is no need to apply and obtain DIN for Directors of a foreign company. However, it is mandatory to register the DSC of the authorized representative of the foreign company via associate DSC service available at the MCA portal.

DIN is a unique Identification Number allotted to an individual who is appointed as a director of a company, upon making an application in form DIR-3 pursuant to sections 153 & 154 of the Companies Act, 2013.

In respect of a new company, an application for allotment of DIN shall be made only through SPICe eform at the time of its incorporation.

• High-resolution photograph of the applicant to be affixed within the eForm

• PAN is mandatory in the case of Indian nationals. So attested copy of PAN is mandatory for identity, name, father’s name, and date of birth. Proof of father’s name is not required in the case of foreign nationals

• Attested copy of passport is mandatory as identity proof in the case of foreign nationals.

• Duly attested present Address proof (not older than 2 months)

For the Financial year, 2018-19 – Any person who has been allotted “Director Identification Number (DIN/DPIN)” on or before 31st March 2018 and the status of such DIN is ‘Approved’, needs to file form DIR-3 KYC to update KYC details in the system on or before 15th September 2018.

For the Financial year 2019-20 onwards – Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th April the immediately next financial year.

After the expiry of the respective due dates, the system will mark all non-compliant DINs against which the DIR-3 KYC form has not been filed as ‘Deactivated due to non-filing of DIR-3 KYC’.

Name (as per PAN database), Father’s Name (as per PAN database), “Date of Birth (DOB)” (as per PAN database), PAN Number (mandatory for citizens of India), Personal Mobile Number, and Personal Email Address and Permanent/ Present address.

Further, Aadhaar is mandatory, if it is assigned. If not, then a Voter ID or Passport, or Driving Licence shall be attached. Accordingly, a copy of any one of the above-selected information is to be attached.

Yes. Any person who has been allotted DIN and where the status of such DIN is ‘Approved’, is required to file form DIR-3 KYC. Hence, disqualified directors are also required to file form DIR-3 KYC.

A secretarial Audit is an audit to check compliance with various legislations including the Companies Act and other corporate and economic laws applicable to the company.

The Secretarial Auditor expresses an opinion as to whether there exist adequate systems and processes in the company commensurate with the size and operations of the company to monitor and ensure compliance with applicable laws, rules, regulations, and guidelines. A secretarial Audit helps to detect instances of non-compliance and facilitates taking corrective measures. It audits the adherence to good corporate practices by the company.

It is therefore an independent and objective assurance intended to add value and improve operations of the Company. It helps to accomplish the organization ‟s objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes.

Secretarial Audit thus provides necessary comfort to the management, regulators, and the stakeholders, as to the statutory compliance, good governance, and the existence of proper and adequate systems and processes.

As per section 204(1) of Companies Act, 2013 read with rule 9 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, the following companies are required to obtain Secretarial Audit Report: –

-Every listed company; –

-Every public company having a paid-up share capital of fifty crore rupees or more; or

-Every public company having a turnover of two hundred fifty crore rupees or more.

Only a member of the Institute of Company Secretaries of India holding a certificate of practice (company secretary in practice) can conduct a Secretarial Audit and furnish the Secretarial Audit Report to the company. [Section 204(1) of Companies Act, 2013.

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