Procedure of Company Formation (Private Limited Company), in India.

Spread my blog..
  • 486
  •  
  •  
  •  
  •  
  •  
  •  
    486
    Shares

Step by step guide to Formation / Registration / Incorporation of a Private Limited Company, in India. What’s New/changed ? *** Updated as on 3rd February, 2019*** E-SPICe: AN EASY WAY OF INCORPORATING COMPANY IN INDIA As you must be aware that for incorporating a private limited company with minimum two members and two director or […]


Spread my blog..
  • 486
  •  
  •  
  •  
  •  
  •  
  •  
    486
    Shares
  •  
    3
    Shares
  • 3
  •  
  •  
  •  
  •  
  •  

Companies (Registration Offices and Fees) Second Amendment Rules, 2018

On 07.05.2018, Companies (Registration Offices and Fees) Second Amendment Rules, 2018 has been notified.

Principal Rules Amendment Rules
Rule 10(3) Registrar shall allow fifteen days time for resubmission in case of reservation of name through we service – RUN for rectification of defects if any.
Section 403( Fees for filing) Sub Item B has been substituted

Period of Delay Forms including Charge Document
upto 15 days (Section 139 and 157) one Time
More than 15 days and upto 30 days 2 times of normal fees
More than 30 days and upto 60 days 4 times of normal fees
More than 60 days and upto 90 days 6times of normal fees
More than 90 days and upto 180 days 10 times of normal fees
Beyond 180 days 12 times of normal fees

 

After Sub item C Sub Item D shall be inserted For Forms under Section 92 or 137,

i) In case the period within which a document required to be submitted under Section 92 or 137 of the Act expires after 30.06.2018 the additional fee mentioned in below Table shall be payable:-

Delay beyond 60 days under Section 92(4) of the Companies Act 2013 100 per day
Delay beyond 30 days under Section 137(1) of the Companies Act 2013 100 per day

ii) In all other cases, belated annual returns or balance sheet / financial statements which were due to be filed whether in Companies Act 1956 or Companies Act 2013 the following additional fees shall be applicable,

Period of Delay Forms including Charge Document
upto 15 days (Section 139 and 157) one Time Plus Rs 100 per day with effect from 01/07/2018
More than 15 days and upto 30 days 2 times of normal fees Plus Rs 100 per day with effect from 01/07/2018
More than 30 days and upto 60 days 4 times of normal fees Plus Rs 100 per day with effect from 01/07/2018
More than 60 days and upto 90 days 6times of normal fees Plus Rs 100 per day with effect from 01/07/2018
More than 90 days and upto 180 days 10 times of normal fees Plus Rs 100 per day with effect from 01/07/2018
Beyond 180 days 12 times of normal fees Plus Rs 100 per day with effect from 01/07/2018

*Note :- The Additional fee shall also be applicable to revised financial statement or board’s report under Section  130 and 131 of the Act and Secretarial Audit Report filed by Company Secretary in Practice under Section 204 of the Companies Act.

 

One Person Company (OPC) Compliance and Annual Filing

Spread my blog..
  • 21
  •  
  •  
  •  
  •  
  •  
  •  
    21
    Shares

ONE PERSON COMPANY- REGARDING HOLDING OF BOARD MEETING, ANNUAL GENERAL MEETING AND FILING OF FINANCIAL STATEMENTS Meetings of Board {Section 173(5)} At least one meeting of the Board of Directors to be conducted in each half of a calendar year Gap between the two meetings should not be less than ninety days Exemption – if […]


Spread my blog..
  • 21
  •  
  •  
  •  
  •  
  •  
  •  
    21
    Shares

Simplified Proforma for Incorporating Company Electronically (SPICe)

Spread my blog..
  • 15
  •  
  •  
  •  
  •  
  •  
  •  
    15
    Shares

Simplified Proforma for Incorporating Company Electronically (SPICe) As you must be aware that for incorporating a Private limited company with minimum two members and two director or One Person company having one director and one member, it required to submit lots of documents and information, also required to file E-form INC-7, DIR-12 and INC-22 while […]


Spread my blog..
  • 15
  •  
  •  
  •  
  •  
  •  
  •  
    15
    Shares

Relaxation of additional fees and extension of last date of filing in AOC-4 MGT-7

Spread my blog..
  • 16
  •  
  •  
  •  
  •  
  •  
  •  
    16
    Shares

Relaxation of additional fees and extension of last date of filing in AOC-4 MGT-7 On 28.10.2016 Ministry of Corporate Affairs issued General Circular No. 12/2016 and provided relaxation of  additional fees and further extension of last date of filing of e-forms AOC-4, AOC-4 (XBRL), AOC-4(CFS), MGT-7 till 29.11.2016.  


Spread my blog..
  • 16
  •  
  •  
  •  
  •  
  •  
  •  
    16
    Shares

Relaxation of additional fees and extension of time for filing of e-forms

Spread my blog..
  • 10
  •  
  •  
  •  
  •  
  •  
  •  
    10
    Shares

Considering the technical glitches being observed in the MCA Website, there is some relief to existing stake holders about filing of e-forms which are due for filing between 25.03.2016  to 30.06.2016 with  Ministry of Corporate Affairs. The Government has provided relaxation of additional fees and extension of time for filing e-forms under Companies Act 2013 […]


Spread my blog..
  • 10
  •  
  •  
  •  
  •  
  •  
  •  
    10
    Shares

New Simplified Process of Incorporation of Company in India

Spread my blog..
  • 44
  •  
  •  
  •  
  •  
  •  
  •  
    44
    Shares

New Simplified Process of Incorporation of Company in India Applicable Sections governing INC-29 : 4, 7, 12, 152 and 153 of the Companies Act, 2013 along with relevant rules The Government of India has notified on 1st May 2015, a new system of incorporation of Private or Public limited company. It has introduced easy method […]


Spread my blog..
  • 44
  •  
  •  
  •  
  •  
  •  
  •  
    44
    Shares

THE COMPANIES (AMENDMENT) ACT, 2015 – Highlights

Spread my blog..
  • 34
  •  
  •  
  •  
  •  
  •  
  •  
    34
    Shares

THE COMPANIES (AMENDMENT) ACT, 2015 After implementation of New Companies Act 2014, the Government has made changes in provisions of the New Companies Act 2014 and published “Companies Amendment Act 2015” on 25.05.2015.  This Act came into force on 26.05.2015. The amendment has been made in the requirement of paid up capital, common seal, filing […]


Spread my blog..
  • 34
  •  
  •  
  •  
  •  
  •  
  •  
    34
    Shares

Procedure of OPC (One Person Company) Formation, in India

Spread my blog..
  • 75
  •  
  •  
  •  
  •  
  •  
  •  
    75
    Shares

Step by step guide to Formation / Registration / Incorporation of a OPC (One Person Company) , in India. Dilemma…while starting up a business the first question comes to anyone’s mind is, should I start it as a Proprietorship firm or make it a Partnership firm with someone I trust, or register it as a […]


Spread my blog..
  • 75
  •  
  •  
  •  
  •  
  •  
  •  
    75
    Shares

Not filed Annual Return? Grab this opportunity through CLSS 2014

Spread my blog..
  • 17
  •  
  •  
  •  
  •  
  •  
  •  
    17
    Shares

Updated as on : 15th November, 2014. CLSS gets extension for another month (extended till 31’st December , 2014). Refer: General Circular no. 44/2014 dated 14.11.2014 I do get a lot of questions from the business owners who had incorporated their ventures but never filed any Annual returns so far, either due to less / NIL business […]


Spread my blog..
  • 17
  •  
  •  
  •  
  •  
  •  
  •  
    17
    Shares

282 Sections notified (Companies Act 2013) & it’s comparison with Companies Act 1956

Spread my blog..
  • 33
  •  
  •  
  •  
  •  
  •  
  •  
    33
    Shares

Reference: Circular number. 07/2014 dated 01.04.2014 by Ministry of Corporate Affairs. Dissemination of Information with regards to provisions of the Companies Act, 2013 as notified till date vis-à-vis the corresponding provisions of the Companies Act 1956. The Ministry of Corporate Affairs had notified 98+1 sections on 12.09.2013 and 183 sections w.e.f 01.04.2014 of the Companies […]


Spread my blog..
  • 33
  •  
  •  
  •  
  •  
  •  
  •  
    33
    Shares

Definitions – As per Section 2 of Companies Act 2013

Spread my blog..
  • 22
  •  
  •  
  •  
  •  
  •  
  •  
    22
    Shares

As we delve deeper into understanding the Companies Act 2013, it is also important to understand the definitions of some of the Company law terms. Following table describes the terms defined by the Companies Act 2013 (as notified by the Government on 01.04.2014). Section Title Definitions Clause (1) Abridged prospectus “Abridged prospectus” means a memorandum […]


Spread my blog..
  • 22
  •  
  •  
  •  
  •  
  •  
  •  
    22
    Shares

MCA General Circular 6/2014 – Important Notification

Spread my blog..
  • 3
  •  
  •  
  •  
  •  
  •  
  •  
    3
    Shares

Roll out plan of various forms under the Companies Act, 2013 and continuance of forms under the provisions of Companies Act, 1956 In order to facilitate the completion of notified sections, Ministry of Corporate Affairs has planned a staggered roll out of various forms. It has been decided to waive fees for all event based […]


Spread my blog..
  • 3
  •  
  •  
  •  
  •  
  •  
  •  
    3
    Shares

Implementation of 183 sections of the Companies Act, 2013

Spread my blog..
  • 17
  •  
  •  
  •  
  •  
  •  
  •  
    17
    Shares

The most awaited New Companies Act,2013 is being  rolled out /will be in effect starting from April 1’st, 2014 – according to the notification issued by Ministry of Corporate Affairs, dated 26th March, 2014. Following 183 sections or part thereof of Companies Act  2013 mentioned there-under will become applicable from April 1’st, 2014 and corresponding provisions […]


Spread my blog..
  • 17
  •  
  •  
  •  
  •  
  •  
  •  
    17
    Shares

Foreign Direct Investment (FDI) in India – Reporting & Compliance

Spread my blog..
  • 60
  •  
  •  
  •  
  •  
  •  
  •  
    60
    Shares

In this article I will try to give some insights on the Procedural aspects like remittance, issuance of shares and Reporting/Compliance to RBI (Reserve Bank of India), with the help of a case study. Each subscriber to the Memorandum of Association  (MoA) of the company (Private or Public), after its incorporation shall be required to deposit minimum subscription money (i.e. […]


Spread my blog..
  • 60
  •  
  •  
  •  
  •  
  •  
  •  
    60
    Shares

Foreign Direct Investment (FDI) in India – Basics

Spread my blog..
  • 16
  •  
  •  
  •  
  •  
  •  
  •  
    16
    Shares

After hearing enough rambling on FDI’s and its urgent need to stop Indian rupee fall, one is very curious to know about FDI (Foreign Direct Investment) and trying to understand what qualifies as FDI and what routes are available for them to invest in our country. FDI as the name suggests, it is an investment […]


Spread my blog..
  • 16
  •  
  •  
  •  
  •  
  •  
  •  
    16
    Shares

Implementation of 98 sections of the Companies Act, 2013

Spread my blog..
  • 108
  •  
  •  
  •  
  •  
  •  
  •  
    108
    Shares

UPDATED : MCA has issued a Fresh Notification as on 26th March,2014. New sections or part thereof, of Companies Act  2013 mentioned there-under will become applicable from April 1’st, 2014 and corresponding provisions of Companies Act, 1956 cease to have effect from that date. Click here to know the details.  According to the notification issued by MCA […]


Spread my blog..
  • 108
  •  
  •  
  •  
  •  
  •  
  •  
    108
    Shares

The Companies Act, 2013 – published in “The Gazette of India”

Spread my blog..
  • 18
  •  
  •  
  •  
  •  
  •  
  •  
    18
    Shares

On 30th August, 2013, the “Ministry of Law and Justice”, published the “Companies Act, 2013” in the  “The Gazette Of India”. Download a copy of the Companies Act 2013, as Published in “The Gazette of India”. Source : The Gazette Of India


Spread my blog..
  • 18
  •  
  •  
  •  
  •  
  •  
  •  
    18
    Shares

Companies Act 2013 enacted – receives Hon.President’s assent

Spread my blog..
  • 14
  •  
  •  
  •  
  •  
  •  
  •  
    14
    Shares

Companies Bill, 2012 (Act No. 18 of 2013) has been assented today (30th August, 2013) by Hon. President of India. Here is the Backgrounder on the same. (Backgrounder Source: ICSI website).


Spread my blog..
  • 14
  •  
  •  
  •  
  •  
  •  
  •  
    14
    Shares

Highlights of the Companies Bill 2012

Spread my blog..
  • 5
  •  
  •  
  •  
  •  
  •  
  •  
    5
    Shares

Rajya Sabha passed the Companies Bill, 2012 on 8th August, 2013. It was earlier passed by Lok Sabha on December 18, 2012. Now it will be presented before the President for approval after which it will come into force.   The new Law will be a progressive and futuristic law which promises improved corporate governance norms, […]


Spread my blog..
  • 5
  •  
  •  
  •  
  •  
  •  
  •  
    5
    Shares

Formation of Wholly Owned Subsidiary Company (Private Limited) in India

Spread my blog..
  • 34
  •  
  •  
  •  
  •  
  •  
  •  
    34
    Shares

Before taking a look at the Wholly Owned Subsidiary (WOS) Formation Procedure, would like to describe some basics. What is WOS (Wholly Owned Subsidiary) ? When one company is 100 % owned by another company, it is called Wholly Owned Subsidiary of the company who has made 1oo % investment in it. e.g. ABC Pvt. […]


Spread my blog..
  • 34
  •  
  •  
  •  
  •  
  •  
  •  
    34
    Shares

LLP in India – Limitations/Disadvantages

Spread my blog..
  • 5
  •  
  •  
  •  
  •  
  •  
  •  
    5
    Shares

Understanding the Limited Liability Partnership (LLP) limitations / disadvantages would help the entrepreneur get the additional perspective of this structure.  The entrepreneur needs to understand these things quite in details as it may create various stumbling blocks, which  may delay  breakthrough related to Start-up growth. Here in this article we would explore some of the […]


Spread my blog..
  • 5
  •  
  •  
  •  
  •  
  •  
  •  
    5
    Shares

Annual Filing for LLP (Form 8 & Form 11) due dates

Spread my blog..
  • 35
  •  
  •  
  •  
  •  
  •  
  •  
    35
    Shares

This is with reference to Annual filing of LLP (Form 8 and 11) for the financial year-end 31st March, 2013 with Registrar of Companies. The Ministry of Corporate Affairs has issued general notice for filing Form-8 (Statement of Account & Solvency) for the Financial Year ended 31-03-12 last year which is as follows: Notice for filing […]


Spread my blog..
  • 35
  •  
  •  
  •  
  •  
  •  
  •  
    35
    Shares

LLP for Start-ups/SME’s – Part II

Spread my blog..
  • 2
  •  
  •  
  •  
  •  
  •  
  •  
    2
    Shares

Flexibility in LLP Structure and in its unique appeal has helped many entrepreneurs to leverage its inherent positiveness and make it as the first choice of their start-up structure. In the earlier article LLP for Start-up/SMEs we delved into the basics of LLP’s structure and in continuation of that , we dig deeper into various other aspects […]


Spread my blog..
  • 2
  •  
  •  
  •  
  •  
  •  
  •  
    2
    Shares

LLP for Start-ups/SME’s – Part I

Spread my blog..
  • 8
  •  
  •  
  •  
  •  
  •  
  •  
    8
    Shares

LLP (Limited Liability Partnership) has its own advantage when compared to the traditional partnership and the Private Limited, as it picks the best of these two structures in one solid viable package. It tackles various challenges that entrepreneur faces when using a traditional partnership structure. The main focus of any Start-up is to keep the recurring cost […]


Spread my blog..
  • 8
  •  
  •  
  •  
  •  
  •  
  •  
    8
    Shares

Importance of Annual filing with RoC for a Private Limited Company

Spread my blog..
  • 101
  •  
  •  
  •  
  •  
  •  
  •  
    101
    Shares

Importance of Annual Filing with RoC for a Private Limited Company **** Updated as on 17th October 2013 **** Updates :  Since I am getting lot of queries/comments asking for the calculation of Last date of AGM or Last date of filing of accounts, I would like to explain the steps/logic to come up with those […]


Spread my blog..
  • 101
  •  
  •  
  •  
  •  
  •  
  •  
    101
    Shares