Hi!!
Welcome to my blog!! This is my sincere effort to help anyone understand the Company Formation (OPC, LLP / Pvt Ltd.) procedure & other related aspects in detail.
I am an Independent Practising Company Secretary (a Fellow Member of ICSI also empanelled as a Peer Reviewer by ICSI Peer Review Board (PRB)) & a Law Graduate from Pune, India, with around 18 years of experience in Corporate Legal Services (with more than 10 years in Independent Practice) providing a range of advisory services targeted to individuals /SME’s/ Start-ups.
Serving domestic as well as International (NRI/OCI/PIO) Clients to Setup/establish their Start-ups/businesses (OPC / Private/Public Limited, LLP/LLC, Partnership Firms/Proprietorship’s) in India.
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Other Services : Partnership Firm Registrations, Digital Signature (DSC), Importer Exporter Code (IEC), Shop Act License/Registration, PAN/TAN, Profession Tax, VAT/Service Tax Registration, Statutory Stationary, Corporate Legal Agreements, Bank Charge search report / creation / modification / satisfaction documentation
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Is mandatary the attachment of Form 11 altthouh there is no details of company(s)/ LLP(s) in which partner/designated partner is a director/Partner? If Yes,format of attachment of details of company(s)/ LLP(s) in which partner/ designated partner is a director/ partner is to be provided ASAP.
It is mandatory only in case designated partner is director of other company. The format is specified in the form itself.
We have incorporated OPC on 10/05/2017. What will be the date of AGM and what are the due date of annual filind of OPC and what is the due date of appointment of statutory auditor?
Looking forward for your positive reply
Due date of filing of AOC-4, MGT-7 and ADT-1 after holding of first AGM is 30.09.2018
Is it Possible to Change MOA from 1956 Act to 2013 Act.
Yes, you will need to file MGT-14 form with ROC.
I have started food products manufacturing business. I have got shop act registration done. Need to get proprietor registration done. How do I it?
After registration under Shop act licence you can open Current account in any bank in the name of business.
We are in process to incorporate into a company, MCA portal repetitively gives queries on attaching address proofs and writing names of first directors as per Table F in AOA.
You can see the electricity bills attached with SPICe32 form and names of first directors in AOA are written as per our best understanding of Table-F. You are requested to provide a specimen / example for writing names in AOA as per Table-F.
As the MCA states the SRN has not been taken on records due to max resub opportunities exhausted, we are ready to file incorporation forms afresh. We request you to advise us regarding linking paid stamp duty and PAN-TAN fees with fresh submission.
As per MCA queries, please attach address proofs and write names of first directors exactly as per DIN or PAN card or Passport name ( in case of NRI or foreign national). You will have to pay fresh ROC fees and stamp duty fees, PAN TAN fees. Previous SRN is lapsed after two resubmissions.
Hi,
I registered an OPC in Karnataka on January 4th, 2018.
Please let me know whether Auditor Appointment is mandatory within 30 days of incorporation.
Also, what are the other things that are mandatory for an OPC after registration and how can it be done.
Looking forward to hear from you soon.
After registration of OPC, appointment of CA and CS within 30 days is necessary. PAN TAN, opening of bank account, deposit of share application money , issue of share certificate to subscriber of Memorandum within 2 months from date of incorporation is necessary.
After registration of OPC, appointment of CA and CS within 30 days is necessary. PAN TAN, opening of bank account, deposit of share application money , issue of share certificate to subscriber of Memorandum within 2 months from date of incorporation is necessary.
We established an LLP on 30.08.2013 and could not do ANY BUSINESS at all. Since incorporation of LLP no statutory forms filed till date (including form 3). We wish to close the LLP and approached a consultant and was told about huge filing fees +penalty to be incurred for updating the form 8 and 11 now and then only can proceed to close. the penalty amount is close to Rs.3Lacs. Is there any way we can avoid the penalty since we have not done any business, not even opened any bank account and not even obtained PAN too…
I would like to advise you to please refer this Notification dated 16th May 2017. As per Section 79 (1) and (2) of LLP Act and Rule 37 of LLP Rules, the LLP shall file overdue in form 8 and 11 upto the end of Financial year in which LLP ceased to carry on its business or commercial operations before filing e-form 24 ( i.e. LLP closure form). As I am not aware of your financial status as on date. You can take advantage of this notification and close LLP if there is no business operation since incorporation ( even bank account is not open). This is my advise based upon information provided to me and advise can vary depending upon situation and actual facts of each case.
Hi Meenal ma’am, I want to register a company that will newly start by me , it can be a chemical form company, hence can u plz guide me to how to register new firm.
I need ur appointment for discuss such things.
Thanks!
please call at office numbers and get an appointment.
Madam,
If newly formed company with one foreign promoter within how many days we need to report to RBI Advance reporting and Form FC-GPR.
As per Foreign Direct Investment Policy (i.e. FDI policy), amount received from foreign promoter shall be reported to RBI within 30 days of receipt of remittance by filing form ARF and file FCGPR within 30 days of making allotment of shares to foreign promoter.
Madam
when can we allot the share to foreign promoter??
Is Form ARF is required to file before allotment?
Yes Allotment of shares to foreign promoter is possible. Yes. ARF form with RBI is to be filed within 30 days of receipt of remittance from foreign promoter.
I am having issues while filling up Form 11 for an LLP. All the designated partners are only partners of that LLp and are not associated with any other LLP company. Should the number of LLPs be mentioned as 0 or 1 under Point No. 10? There was a delay in filing Form 8 for FY 2015-16 and the same has been filed in the first week of April Should the same be mentioned under Point No. 13? Kindly revert by tomorrow
If Partners are not director or partner of any other LLP / company, in form you can specify zero. no need to mention anything in Point no. 13.
If a foreign director of an an unlisted private limited company wants to sell shares to an Indian employee, should he get RBI approval? Could the Indian employee become a director even after acquiring one share? At what price should the shares be transferred? Could the transaction be routed through automatic route?
If the company wants to appoint an outside investor to buy some shares from it, how would the same be valued if 40% or 50% of the shares have to be sold/transferred to that person? The company is incurring heavy losses over the past 3 years. Is it necessary to value the shares only or the complete company with fixed assets and other things?
If foreign director wants to sell shares to an Indian employee, then Indian company shall be required to report form FCTRS to RBI within 60 days from date of receipt of consideration. But if the reporting is not done within 60 days then RBI approval is required before transfer of shares. Yes, Indian employee can become director of company. Shares will be transfered at Market value or face value whichever is higher. CA will do valuation and valuation report is required while submitting FCTRS form with RBI. whether it will come under automatic route or not, that is decided upon nature of business of Indian company.
A Director of an overseas company who has established a place of business in India wants to transfer his shares in the Indian business to an Indian employee. Could the transfer be effected? Does it require RBI approval? At which price should the shares be transferred? (The company in question is an unlisted company).
Yes Transfer will be effected from Director of overseas company to Indian employee. Yes RBI reporting shall be required. Based upon FDI policy and nature of business, you will have to check whether it is falling under automatic route or approval route of RBI.Accordingly do the reporting.
DEAR MEENAL,
I AM ALSO A FELLOW CS WHO IS STAYING IN CHINCHWAD. IF A COMPANY HAS APPLIED FOR CONVERSION INTO LLP AND OTHER DOCUMENTS COULD NOT BE SUBMITTED WITHIN 60 DAYS DUE TO NON-SUBMISSION OF NO DUES CERTIFICATE FROM INCOME TAX DEPT, SHOULD WE GO THROUGH THE WHOLE PROCESS AGAIN? IS THE NO DUES CERTIFICATE FROM INCOME TAX DEPT MANDATORY? KINDLY REVERT
You will have to go for fresh name application because 60 days validity for name reservation has been already expired.
Hello Mam,
What is the procedure for conversion of partnership firm into private limited company
While conversion of Partnership firm into Private ltd company, the object of MOA of Pvt. Ltd shall include clause that it is conversion and all assets and liabilities shall be taken over by Pvt. ltd and the firm shall be dissolved immediately. While making name application, Main object shall include this clause and IT receipts of partnership firm shall be attached. File INC-1 for name approval and SPICE form i.e INC-32,E-form INC-33 For MOA and e-form INC-34 for AOA.
I am RAMAMOORTHY from Chennai. I am 68 years and a marketing consultant. I would like to start one OPC. Can you guide me.
regards and best wishes,
Please call me.
Thank you for the very informative articles. Replies are also given to each comment. Your efforts and patience are appreciated.
Thanks, appreciate your comment.
Madam
Please inform if a company has failed to file e-form 23AC 23ACA and form 20B from 2006-07 onwards and has become defunct. It want to now revive and file all pending forms with additional fees. Firstly can it do so. If so what is the procedure. Secondly how will the fees be calculated.?
Get Audited Balance sheet prepared from Chartered Accountant, File pending e-forms with penaly. Visit MCA portal , check Enquire Fees option, specify UIN of company, date of event, you will come to know fees till date.
Hello Ma’am,
I am NRI living in Dubai UAE. I want to register a company in India in regard with import -export in food business. Will need your help in guiding me to setup the company.
Please call me.
hello mam i want to start IT company in pune which provide services in software development ,training in IT ,education and i want to work in any where in india
plz give the suggesion
Please call me.
I have registered a Pvt ltd; co. on 06/01/17, what are the post incorporation procedures, so as to avoid any interest or penal activities.
Please read Post incorporation formalities of Private Limited on my blog.
Hi Madam…
We have an LLP Incorporated on 30/12/2015.Now we thought of close the LLP.
Please let me know we need to file the annual returns and plz suggest me the process of closing the LLP without any problems.
LLP closure without non compliance is not possible.
i want to register a new company with vat no servise tax no & company registration
Please contact at office number.
Hi Mam
Filing of ADT-1 is mandatory for appointment of first auditor??.
ADT-1 for appointment of auditor in first Annual general meeting is compulsory. Filing of ADT-1 for appointment of first auditor in first board meeting is not mandatory. Normally CA suggest to file ADT-1 after appointment in Board meeting, with Government but there is no provision about this in Companies Act to file ADT-1.
I want to meet you for consultation in regard to private limited companies. Can I have the appointment with preferable days and time.
Sorry for late reply. If you want my advise you can meet in my office after taking prior appointment. please call at office and get appointment.
hello mam! , recently incorporated an OPC, please clarify me about the following post-incorporation compliance
1. is it compulsory to display the name board(of the company) outside the registered office, of course it wont be a problem to maintain the same outside business office
2. regarding appointment of an auditor: do i need to appoint him/her on monthly salary basis, because mine is a small company
thanks
Yes name board shall be displayed. You need to appoint Auditor on the basis of remuneration.
Very useful blog for me….
thanks mam
Thank you
hello mam,
have u written a blog regarding changing the status of a company from dormant to active as per the companies act 2013. kindly enlighten on the same.
I have not yet specified provisions or process regarding this. Thank you for your suggestions I will take a note of this.
Nice blog article for company registration .
Thank you for your comment.
We want register our company.
Please call me.
Hello Mam,
How to cancel the DIN no since director has two DIN no where DIN1 is been used and DIN2 have never been Considered (Can we cancel the DIN2, What will be the procedure for the same)
it will be great if you mail the the procedure.
File RD-1 form with DIR_5 ( to be signed by an application) with ROC.
Dear madam,
I am a director in a public limited company (closely held) . I want to know if i will incur income tax or any other tax if i am selling my shares. Also if tax is incurred what is the suggestion to save on it.
Best regards
There will be tax on selling of shares because it will come under capital gain tax.
Hi mam
I want to do ROC Filing for the financial year 2013-2014 now,for that shall I proceed with new forms-ACO-4 & MGT-7 or Old Forms 23AC,23ACA
File Form 23AC 23ACA for balance sheet, profit and loss account. File MGT-7 for Annual return. File ADT-1 for appointment of statutory auditor of company.
Hello mam
I need to file the annual returns of a company from last 5 years, for 14-15 filling AOC-4 & MGT-7 forms,but which form for filling for previous years?
due to site updation there are no old forms, Form 23AC & 23 ACA
Please help!
MCA has recently removed the old forms 23AC 23ACA 20B from its site. It is under development and hence you will have to wait till there will be solution against these old forms.
Hi,
I am looking for setting up a new starup. Request your assistance for following:
1. Setup documentations and legal formalitirs
2. PAN, TAN etc
3. Fees transfer details (national , international)
Can you plz advice what time suits your availability for discussion on this?
Please call me between 10.30 a.m to 5.00 p.m.
Hi! Ma’am:
Our company(Pvt Ltd) is dealing in Industrial Instrumentation. We now want to set-up a training institute under the same company. How is this possible? Do we set-up a separate division? If yes what will be the tax implications and what is the procedure?
You need to register separate business because the nature of new business is different from earlier business.
I applied for the name approval with the jurisdiction of registrar of companies, mumbai now the client wants to set up the business in pune so can I do the incorporation with the ROC, Mumbai with the address of Pune or whats the procedure to change the roc from name approval.
After name approval, applicant cannot change ROC from Mumbai to Pune. Nor he can file documents with ROC Mumbai by submitting registered office of Pune because Pune and Mumbai ROC are two different offices. In such case, an applicant has to wait till expiry of name approval letter and then file fresh name application with ROC Pune.
Kindly advice documents & formalities necessary/required from NRI & Foreign national name to include their names in registred Pvt. Ltd. architectural consultancy & contracting firm, as shareholders/Investors.
If Foreign national wants to apply for DIN then he needs to submit his passport and residential address with company so that company can appoint him director.
how to file company annual forms for years prior to 31.3.14 now?
Form 23 ACA 23AC, 20B are available on MCA portal now.
how to file annual accounts of 2013-14 and prior years now due to recent changes in MCA sit last week
please wait because there is no notification for filing annual accounts of last two or three years.
how to registred my company private limited in a startup concept that is given by modi ji and also give me details how to save first 3 year tax benefits.
For making application under start up, first of all it should be either Private Limited or LLP. The applicant has to make application for start up and attach proof of innovation , letter of recommendation from authorised agents. Please visit Start up site for the further details.
Is there any documentary evidence from ROC regarding Appointment / Resignation of Director.
DIR-12 once filed, the company will get Challan towards payment of ROC fees for appointment/ resignation of directors. Also the company -view signatory details get updated. This will be proof.
A public listed company (listed on BSE) has a MD cum CEO & CFO (separate persons). The MD & CEO is hospitalized and undergoing treatment abroad. The CFO has been elevated as CEO by virtue of a Board Resolution and has been informed to the stock exchange. My query is as follows:
As per clause 36 of the Listing Agreement, indicative list of events has been given and one of the events, probably falls in the residuary category.i.e.
Any other information having a bearing on the operation/ performance of the listed entity as well as price sensitive information.
Since the CFO has been elevated as CEO and MD/CEO may be non functional till further notice. Would this require intimation to be given to the stock exchange as it would imply having a bearing on the operations/ performance of the Company and if not given, would it constitute violation of clause 36 or any other clause of the Listing Agreement?
Request you to please give your valued opinion.
The change in designation shall be informed to stock exchange as per Clause 36 of Listing Agreement.
Hello mam
I want close company under FTE route..Do I need to file previous years annual return or can I directly apply under FTE to ROC
You can directly apply under FTE to ROC without filing previous years annual returns. Please read circular of FTE in details and follow the process.
There is one company incorporated in Feb 2014,so it can close its financial year 31/03/2015.(taking benefit of 15 months extension under companies act 1956).
I want to know which form I need to file for annual filing for Fy 2015.
Because when I’m filing AOC4, the form is not accepting financial start date before 31 /03/2014.
And if I’m filling form 20b, it’s not accepting agm date of 30/09/2015.
Kindly let me know can I file 23AC And 23ACA and MGT 7 for this company.
Thanking you in advance.
If the company is incorporated in Feb 2014, then company shall file e-form 23AC 23ACA. This 2016 would be last year to file these form, the government will not provide facility thereafter. File e-form MGT-7 for annual return and ADT-1 for appointment of an auditor.
Hello,
I am planing to startup business. Can you help me registration of company. few question in my mind-
1- Which is best for startup LLP or Private ltd?
2- LLP can participate in state level tender?
Whether to choose LLP or Private Limited, it will depend upon nature of activities, amount of capital investment and future plans. If you need further details please call me.
Madam, I need your expert advise for opening a startup.
Please provide some contact details.
I am from pune and if you are also in pune then I can directly come and meet you.
Please visit my office.
helo madam,
i belongs to west maharashtra . from where i belongs ,ther is big oppurtunity for pomegranate business. i want to open new company for that process , would you help me.
Yes, I can. If you can call me we can discuss.
great blog , would like to know if it is possible for me to register LLP on my own using mca.gov.in without consulting any CA or CS
No.
Dear Madam,
I have been working in the education industry from 16 years and planning to start a Spoken English academy in Maharashtra as an proprietary firm due to financial concerns and will be developing the business through franchisee network. Do I need to register as an private limited company or Can I register under the shop act and go ahead and do the franchisee network also…
Depending upon the investment in new business you can either register proprietorship firm or company.
Hi,
Could you please advise where can i obtain the company search on shareholdings/directorship of an India incorporated Pvt Ltd?
You can check list of directors of company on http://www.mca.gov.in < view signatory details.
Dear Madam
I want to windup LLP it is incorporated on 29/04/2014,but no transaction is made yet.Now penalty for annual filing is coming near to 30000/- Is there any provision regarding closure for LLP with out paying penalty through Form 24 Kindly help me at ASAP.
There is no way to avoid the penalty and file application of closing. Before closing, LLP should file pending annual forms.
HELLO, CAN YOU PLS TELL ME THAT HOW STAMP DUTY WILL BE PAID AND THE RATE IN CASE OF LLP?? WHETHER IT WILL BE PAID ELECTRONICALLY AFTER FILING FORM 3 JUST LIKE PVT LTD COMPANY OR WILL IT BE PAID PHYSICALLY BEFORE FILING FORM 3 JUST LIKE NORMAL PARTNERSHIP FIRM?? PLS REPLY..
Stamp duty will be paid by purchasing stamp paper and not by electronic mode. It is to be paid while filing form 3.
Mam,as per Modi Sir’s new policy for startup which is displayed today,if I form a company as per that policy,can I move my business (app based startup)to another country say US after 6/8 months(i.e to headquarter in US)
Please!Reply mam:)
Though as per the new start up policy, there are many benefits but still they are awaited till April 2016.
Mam,as per Modi Sir’s new policy for startup which is displayed today,if I form a company as per that policy,can I move my business (app based startup)to another country say US after 6/8 months(i.e headquartered in US)
Please!Reply mam:)
The new Policy by Modi Sir is displayed on 17.01.2016, but it is still under process. It would launch in the month of April 2016, so kindly wait till it is launched and enacted.
1)Mam,do I need to show 1 lakh rupees as share capital
2)Can i incorporate in Pune with my rent-apartment as office address.but after 1 month i want to startup with office in Mumbai?
authorised Capital for private Limited shall be Rs. 1 lakh. you can show your home address as office address and the shift the registered office as you wish
Hi Madam,
My father is Ayurvedic Doctor and he prepared 3 homemade Ayurvedic Oils and I want to promote and sell this items online through my own ecommerce website and others. So please advice what type of registration require to sell these items online and in market.
You can register Pvt. Ltd to sell these items online and offline.
Convert Existing Company in to NGO
What is your query?
Hi madam,
Please advise us on this matter
We are 100& subsidiary of a foreign company. We get inward remittance from our parent company for expenses & for carrying out domestic projects .
What are the compliances we should follow:-
RBI
FEMA
If remittance was towards expenses and not towards equity share capital, then no compliance as far as FEMA is concerned required.
What is the government fees for pvt. Ltd. company name change
The Government fees will very as per amount of authorised capital.
Do we need local address in other states to register a company in that state or it is ok to be in one state but register company in another state?
One should submit the proof of place where the register office is to be shown
I want to register my compnany… please rever back
Please visit my office after taking an appointment.
I want to open a pvt ltd company , i am looking for the reg and running of the company.
Please call me.
Dear Mem,
Please advice me,
I want to open business in beverage product with my own logo and brand, what is the basic formalities,
with regards
jeevandeep
Please call me.
Hi Ms Meenal,
As part of our company’s vendor approval procedures, I need to confirm if one of the proposed vendors (a pvt ltd co.) files its ITR and its financials. How do I get the latest financials of a private limited company? Kindly advise. Thanks.
You will not get financials of private limited company.
DEAR MADAM
I HAVE A PRIVATE LIMITED COMPANY FROM LAST 8 YEAR, WHAT DOCUMENT EVERY YEAR I HAVE TO FILL WITH ROC AND WITHIN WHICH PERIOD
You need to file 23AC 23ACA, 23B/ ADT-1 till 31.03.2015 and after 31.03.2015 file AOC-4, MGT-7
I have a pvt ltd. and i want to close it under the FTE SCHEEME . i have not filled ROC filling from the date of incorporation . can be opt FTE for the closing of company without filling 23AC, 23ACA,20B .
is it required to file after or before file FTE form.
If the company is interested to close the FTE then the company can apply for the same without filing annual forms.
Good evening Mam,
I want to register my startup. But i have a confusion whether I should go with LLP or PVT ltd company.
Also I am a working professional in XYZ company. Will there be any issue if I register my company alongwith my job?
What to select LLP or Pvt. Ltd is depending upon nature of activity, amount of investment, future plans. If you are working professional in XYZ Company, you will have to check your company policy about dual engagement.
i want to start a pvt ltd company. (1)and i need to hire at least one director right?
(2) if i want to terminate the director & want another one director is it possible?
Termination and changes in director is possible.
I want to start gruh udyog in pune, how can i get the license for it
Please call me. for registration of any business as proprietorship you can apply for shop act licence.
Dear Ms. Meenal,
Warm Greetings,
At the outset, I would like to thank you for sharing informative articles on your blog.
It is of immense help to young professionals & students like me. I sincerely hope that you will be able to spare a few minutes to resolve my query made here-under.
Vacation of Office u/s. 167 vis-a-vis Resignation from Directorship u/s. 168:
Can you please clarify on the difference between the term RESIGNATION and VACATION of office.
I understand that form DIR-11 has to be filed by a director who is RESIGNING from a company under section 168(1) pursuant to Rule 16 of the Companies (Registration Offices and Fees) Rules, 2014.
Does a vacation of office under Section 167 tantamount to resignation and imply filing of DIR-11 or is it enough if the concerned company can file the DIR-12 alone and the director be advised not to file DIR-11.
The issue in filing DIR-11 is that the director being a DEFAULTING DIRECTOR, is not able to affix his signature in the form.
Thanking you in advance.
I think DIR-11 in case of vacation of office is not required. it is only required in case of resignation.
GOOD INFORMATION
thanks
hii mam,
pls let me know if a same person can be a part of more than 1 LLP/Pvt ltd registration. also i have a query about e commerce business, if suppose i have my domain and site ready for the e business thn do i need to register a company with ROC or propritership will do..pls clarify about propritery firm
Yes same person can be part of more than 1 LLP / Pvt. ltd. It is not compulsory to register company with ROC if you have your own domain, but if you want to register it as business, then as per requirement, you can either start firm or company.
Respected Madam,
please guide me procedure for start LLP.
Please call me.
we want to form a micro finance pvt ltd company ,what is the procedure for getting it registered ?
Please contact me.
Hi mam,
Actually I want to apply for Dormant Status of a Pvt. Ltd. co. with a paid up capital of Rs 1 lacs. The co. was incorporated on 20/5/2013 & no business has been carried out since. Only few cash transactions have been done. No annual filing has been done in RoC for any Financial Yr. Please let me know whether before applying for Dormant status do I need to go for annual filinf for previous yr or i shall straight away apply for dormant status without annual filing??Kindly reply.
Yes, you can go straight away for making application for dormant status without filing annual forms for previous “two” financial years. Please refer Section 455 of Companies Act 2013.
Hello Mam
If ABC private Ltd is already existing, then if for new LLP whether same name with LLP instead of Private Limited will be accepted by ROC?
No unless an activity of proposed LLP will be different.
Dear Madam,
regarding name of LLP – If ABC private limited company is existing , then whether name of LLP as ABC LLP will be accepted by ROC ?
Please suggest
ROC will not accept the same name which is applied for LLP, unless an activity will be different.
hi mam,
I am home maker wants to start small business from my home. Business may making designer headbands.please suggest me proper way of registration and gov sceems for women.
thank you
Please call me.
Hello Madam,
My query is, is it mandatory for all Private limited company to have their company’s name board in local language ?
yes. as compliance the company has to do that.
Which sections govern the provisions of maintaining register of directors under CA 13 and can a copy be asked for by shareholders whether with or without charge?
Thanks in advance
170. (1) Every company shall keep at its registered office a register containing such particulars of its directors and key managerial personnel as may be prescribed, which shall include the details of securities held by each of them in the company or its holding, subsidiary, subsidiary of company’s holding company or associate companies.
171. (1) The register kept under sub-section (1) of section 170,—
(a) shall be open for inspection during business hours and the members shall have a right to take extracts therefrom and copies thereof, on a request by the members, be provided to them free of cost within thirty days; and
(b) shall also be kept open for inspection at every annual general meeting of the company and shall be made accessible to any person attending the meeting.
Dear Madam,
1. I have filed the ROC Returns for F.Y 2013-14 with Late by 2 months along with Balance Sheet & Profit & Loss Account
2. Now we required to file Income Tax Revised Returns for the F.Y 2013-14 as well as ROC Returns
3. the reason for Income Tax Revised Returns for Survey has done at office
4. is it possible for filing of ROC Revised returns once after completion of Income tax Revised Returns
5. Please suggest us for the same
You cannot file revised returns with ROC.
I have a query regarding non compliances on various provisions of the Act and related Accounting Standards. Suppose the directors of a listed Compnay, CFO, auditor falter on various provisions of Companies Act 1956/ 2013 and/or Accounting Standards, then what are the applicable penal provisions under the respective Acts and which are the authorities to whom redressal can be made? Would be grateful for your valued opinion.
Thanks in advance,
As the question is not specific about the default, the applicable provision cannot be decided.
Hello Mam,
Mine is private limited company. Still we have not e filed financial statements & Annual Returns for Fy 13-14.
1. can we file them with late fee?
2. Any specific compliance for late filing?
3. Auditor has completed 2 years of his term
at the time of commencement. Whether ADT 1 is required to be filed for ratification of appointment of auditor for FY 13-14
4. We want to increase authorised capital. Can we increase even if Audit for Fy 13-14 is not done ?
Regards
Yes, Annual return and financial statements for FY 2013-2014 can be filed with normal and additional fees. ADT-1 is to be filed for appointment of an auditor. You can increase authorised capital and simultaneously do audit.
Hello Mam,
I’m interested to open new company but i have a low budget to start so please help me to choose the small business.
You can run proprietorship firm as per your requirement.
Hello mam,
Mine is a private limited company. Still we not e-filed financial statement for FY 13-14.
1. can we file them with late fee?
2. Any specific compliance for late filing?
3. Auditor has already completed 2 years of his term at the time of commencement of Companies Act 2013. Whether ADT 1 is required to be filed for ratification of auditor for FY 13-14
Regards
yes you can file with late fees. Yes ADT-1 to be filed for ratification of auditor for FY 13-14
I want to start a ecommerce business which deal in providing car rentals in pune. I want to start it on pune but want to register my business in madhya pradesh since I am resident of MP. Does it is possible? What are the document neede fot registering the ecommerce?
You can register business in MP and do business in other states. Please visit my blog to understand the procedure of forming LLP or Private Limited company if you wish to form and for further questions you may call me.
Goodevening mam,
I have a small query.I have 2 companies one of them company has no business apart from some interest income but is active from filing point of view.It has a large sum of income tax refunds.What do i do , that my filing and tax expenses are reduced and the chances of income tax refund recovery is retained. Second co. has small business with small profit a year and paid up capital of 20 lakhs.Should i convert it into LLP, looking at the increasing compliances and other ancilliary expenses.plzz advice
You can convert your second company into LLP as per your choice to avoid increasing compliance and other ancillary expenses. regarding first company you can wait for retaining the refund of income tax.
I was adviced by someone to strike off the second company but keep the bank account open for the income tax refunds.is it possible? Because the compliance cost are very much as compared to no profit in the company..
I think you cannot keep bank account open for income tax refund, because while making striking off application, the designated partners have to submit an affidavit and indemnity bond saying that all balances became nil and there are no dues pending.
Hi mam, we are floating a section 8 company and got the name approval for the same.while applying for RD 01,(licence) iam supposed to attach INC 12 which i was said to fill the form manually, since iam unable to use the prefill button in the form,kindly plz do let me know the correct procedure to file the form RD 01 along with the attachments…
Please fill up details in INC-12 physically and then attach to form RD 01
Respected Meenal Ji
I am CS by qualification (ACS-10842). Retired recently from job and aspiring to start practice. One of the queries is whether under Section 184 of the new Cos Act 2013, a Director is required to disclose his concern/interest every financial year to the company even if there is no change in his concern/interest? If yes, every year the form is required to be filed with ROC? Is company also required to file such form with ROC? Is there any justification in wasting time,money and energy when there is no change in concern/interest of a director? Whether these provisions are also applicable to a purely private company too?
As per Section 184 of Companies act 2013, every company shall file form MGT-14 for disclosing the interest by directors. The director shall disclose his interest in the first board meeting of every financial year or after change of his interest. if the director is not interested in any firm/ partnership firm/ company/ body corporate, then it would be good compliance if the company shall pass board resolution showing that none of the director is interested in other firm. In such case, the company shall not be required to file MGT-14 form with Registrar.
If the director is interested, then in the first board meeting of every financial year shall disclose his interest and the company shall file form MGT-14 every year till he is interested in other firm/ company. This section is applicable to Private Ltd company.
Hi,
nice;)
DEAR MADAM,
SUB:- CHANGE IN ADDRESS OF PRIVATE LIMITED COMPANY WITH IN LOCAL AREA AS PER COMPANY ACT 2013,
RESPECTED MADAM,
WHAT IS THE NEW PROCEDURE OF CHANGE IN ADDRESS OF PRIVATE LIMITED COMPANY AS PER COMPANY ACT 2013.
PLEASE GUIDE THE PROCEDURES.
File e-form INC-22 with required documents.
Nice blog, can you please suggest what should be process of resignation of the director; can we still follow the companies act 1956, or only new one shall help?
Also, how to contact you for your services?
Follow new procedure as per Companies Act 2013
Dear maam….
I run coaching classes for Mathematics… Should I make it a private ltd. kind of….
And in case if i go for it how it will be helpful
regards
Vipin Tyagi
Please call me.
Dear Madam,
I read your blog on the various steps for incorporation of a Pvt Ltd Company. I kindly request you to give an explanation on Winding up of a public limited company(share capital 50 lakhs).
Thanking you,
Giri Prasath R
Thanks for reading my blog. I will appreciate your suggestion.
I wonder how a busy CS can devote so much time and energy to manage this blog. I am yet to find a better source of information on the subject anywhere else. You are great !
Thanks!! Appreciate your comment. I believe Knowledge sharing as a learning experience for myself & keeps me up to date. Although i might not answer all the comments, i try to answer them with whatever knowledge I have learnt throughout my practice. I have to take some time off my schedule for this activity but sometimes it gets delayed too.
Dear Ma’am,
Thanks for this amazing blog.
I want to register my start-up in Pune. I am into solar pump integration. Can you please guide me through the process?
Regards,
Pritam
Thanks for your comment. Please visit my office
FOR HOW MUCH AMOUNT OF STAMP DUTY WILL BE ADVISABLE TO PAY THROUGH REVENUE STAMP ON THE SHARE CERTIFICATE.
You may affix revenue stamp if the stamp duty may range from Rs. 100- Rs. 1000. Above Rs. 1000 /- you may need to frank it and above Rs. 5000/- you may need to pay stamp duty which is called as e-stamp duty. I assume that stamp duty which you will pay for issue of share certificate in Maharashtra.
Hi,
I was unable to verify an Indian company in
http://www.mca.gov.in. Does that mean the company is not legitimate? Do all companies in India have to be registered? Is there another way to verify the company’s legitimacy? Thank you.
Only companies Registered with the “Registrar of Companies” (RoC) e.g. Private Limited, Public, LLP, OPC etc. can be verified through http://www.mca.gov.in
There could be instances where the Businesses/Companies are running as Proprietorship firm or Partnership Firm, which can not be verified online using the http://www.mca.gov.in
You could ask the concerned business to provide their CIN, if they claim to be Registered with RoC & verify the same. Hope this helps.
Whether the payment of stamp duty by purchasing revenue stamp on issue of share certificate is valid ?
yes. it will depend upon the amount of stamp duty. if the amount of consideration is not huge, revenue stamps can be affixed on share certificates otherwise franking shall be advisable.
I am a retired person based in Pune.
I want to start a new PROPRIETORY business (small jewellery shop) in Pune.
Can u let me know the procedure?
Also I do not have that much money to pay deposit to Sales Tax deptt..
Is there any procedure to do that.
please call me
GOOD ONE THANKS
Thanks!!
Hello Madam,
I would like to have your Email ID and the contact No, I have come clarification on the company issues
it is specified on my blog
Hi, I have registered a Pvt Ltd company in Lucknow. Since I have spent almost 10 years in pune and people in industries know me, I want to open one branch office in Pune.
Can you help me in knowing the procedure and how can you help me in getting this done.
regards
Vevek Siingh
Please call me.
1.How I can close the wrongly opned proprietary firm in Mumbai without any consultant and save fee, as I paid Rs 4000 at the time of registration of the same.
2.And I now would like to register new private limited company in Mumbai on my own without any consultant, if required, whom can I approch for help and for fee here;.
if you need any guidance for registration of private ltd company, you may please call me
Dear Madam,
I am based at Bangalore, planning to start a new business for E commerce, please advise me to get seed capital for the ecommerce venture
For Private ltd company minimum capital required is Rs. 1 lakh.
Hi,
we need to start an IT,ITES pvt ltd company in cochin . Can you please help us the registration process
Please read my Post : https://blog.abhyankarcs.com/company-formation-in-india/how-to-register-a-company-in-india-incorporation-formation/ and if you need any help and guidance please call me.
we need to convert an existing proprietorship company to a pvt company with 5 directors and I want to be as main person please advise me
Sorry for late reply. Yes you can convert your proprietorship firm into Pvt. ltd . Then all assets and liabilities will be taken over by company. The incorporation process is same only you need to submit proof of licence as firm.
Sorry for late reply. Yes you can convert your proprietorship firm into Pvt. ltd . Then all assets and liabilities will be taken over by company. The incorporation process is same only you need to submit proof of licence as firm.
Dear Madam,
I wanted to start/ register the new company in civil construction field . Can you please provide the procedure
Balamurugan M
Please call me
Dear Madam, I wanted to start /register the new company in the civil field. Can please you guide me.
Regards
Balamurugan M
please call me
Dear Ma’am,
I am NRI basically from Pune. I intend to register a pvt ltd software company in Pune. may I know the procedure , documentation, a way to approach you for these services and a tentative cost including your fees.
Your quick reply will be highly appreciated.
Thank you.
Regards,
Abdul Samad
Please call me and visit my office
How Much time does it take to complete the procedure of registering a Company..
Completely…
And also How Much It costs..
please call me
Hello Mam, I have taken company Name approval from Maharastra ROC,But due to some reason want to register company from Delhi ROC.can you guide me the process.
After name approval by ROC Maharashtra, you will have to complete the incorporation process in Maharashtra. Otherwise you need to forget about your name application made in ROC Maharashtra and make fresh application in Delhi ROC but you cannot apply with the same name which is approved by ROC Maharashtra, because the name is blocked for 60 days from the date of name application.
Thanks for reply, After incorporation can I change register office address from Mumbai to Delhi
yes, you can change the registered address of company from one state to another.
Dear Madam,
We have opened a pvt ltd company in Hyderabad in 2008. And we have not files any returns after that year. We would like to revive the company now. That is we want to start the operations now. Whats the procedure now
Thanks & Regards.
If the company was incorporated in 2008 and failed to file annual return till date, you can get benefit of paying 25% of additional fees to the ROC if you can file all pending annual forms (i.e. form 23AC 23ACA 20 B 66, 23B) before 15.10.2014 under Company law Settlement Scheme ( CLSS). Grab this opportunity immediately. So that your company will be active and revive.
Hello mam,
I want to open an OPC. A HR Recruitment Firm. Can you please help me with the same.
yes I will help you. Can you please call me?
Hi, We are a startup and I wanted to register our company as a PLC. Would you pls let us know the cost for the same if we use your services. regards,
Satyendra
Please call me.
Hi mam, Whether formation of a web designing company will be the same as of a normal company?
yes
Hi Meenal:
I am glad to read your blog. It is very informative and I am sure would have helped many.
I have incorporated a private limited firm in April, 2012 with paid up capital of 100,000 and since then I have not filed.
Would you please provide outline regarding the bringing the company to the present including forms submission, relevant application and late fee, etc.
If the company incorporated in April 2012 and then till date not filed annual filing forms, then you can file all relevant forms now on or before 15.10.2014 under CLSS (Company law Settlement Scheme) to get benefit i.e. 25 % of additional fees will be paid instead of full additional fees. When you file forms online, you will directly get Challan with reduced fees.
Hi Meenal,
Thanks for this blog, Can you please tell me what is the procedure /steps along with the fee details to register a training institute in Pune?
I could not get your question clearly, can you please call me.?
very helpful blog ..
hello Ma’am,
From where do i start to formation of Privet Limited Company?
Please help me with this, whatever procedures you have given are
sufficient for the formation or there is any other things also?
You will have to start the process from obtaining Digital signature certificate, making application for DIR-3 (DIN). The e-forms shall be certified by the professionals like Practising CS/CA/CWA. If you need any help please contact me.
i am establishing trip company in the pvt.ltd. farm so how can get certificate of incorporation & it necessary for me or not?
i have not take certificate of incorporation then can i establish with any other certification?
For registering the private limited company there are many steps like obtaining Director Identification number (DIN),Digital Signature certificate (DSC), name application with the Registrar, submitting memorandum and Articles of association and then obtain certificate of incorporation. please visit my blog to know the step by step procedure of incorporation of Private limited company.
I have following queries wrt CA-2013.
1. Is it necessary for Private limited companies to open seperate escrow account for FDI or FDI by holding company in subsidiary company in India.
2. Is Schedule V , of section 197 applicable to private limited companies.
It is necessary to open Current bank account for Private ltd for FDI. Schedule V of Section 197(Overall managerial remuneration and managerial remuneration in case of absence or inadequacy of profit is applicable to Public limited only.
I want to start e commerce company. However initially I want to start on a low key profile with tie up with an IT consulting firm for design, development & maintainable of portal. Kindly advise me what licence I require to start such company
You may register Proprietorship firm or One Person Company having Rs. 1 Lakh paid up capital. This OPC (One person Company) shall have less compliance as compared to Private limited company. For more details please call me.
I want to start my own compny ..i am mca fresher ,can u suggest me..pls
You may call me.
Hello Madam ,
I am from kolkata can you please guide us in selecting a name of a company(IT) which will be Pvt Ltd. I have also checked “check company or LLP name” … we have even approached professionals …. but when we provided names like
1) webfox
2) web nest technologies
3) web nest solutions
4) web mesh technologies
all the names were declined they say as it has the word “Web” is it correct ?
Also they say the name must have meaning
so does companies like google , adobe , micorsoft , apple , samsung , sony does imply to have meaning ?
We had a name “Pkweb Solution” Actually PK stands for our Grandfather name(Prafulla Kumar )
Can you please point out whats the cause of rejection of these name .
We also want to provide a unique name but it may not imply to any meaning will it not work ?
Finally is there any guidelines in selecting names for a Pvt Ltd company . If so can you please provide some information on this
I will be always thankful to you if you can kindly help us
Thanks & Best Regards
Abhilash
Please refer Companies (Incorporation) Rules 2014 to check the name guidelines. The Registrar of Companies might have rejected the name because the name was not starting with some prefix. The name of company should start with some Prefix. If the name includes the name of father/ grandfather, then proof of identity of that person should be attached. I would advise you to please check the query with the Registrar, because now a days, the Government allows to resubmit form for once.
Dear Mam,
I want’s to know the detail about RBI approval/permission for setting up a business in india and what documents required and which type of general query arise in this type of approval from RBI for set up business by foreigner like Branch Office,Project Office,JV,WOS.
Please reply to me.
Regards,
Hridesh Tripathi
For opening of branch office in India, prior permission of RBI is necessary. It would be advisable to visit RBI site to find out the checklist of documents to be submitted with RBI for opening branch office.
Madam,
I am surfing whole site of RBI but there is no any type of information gathered by me. and try to find our the procedure for RBI approval for office in India and fees etc. so please help me to resolve this query.
What is your query
Hello,
Ma’am, I am kiran. my Question is Wich type of company are comes under the Limited Liability Partnership ?os please give me answer ….
Almost all businesses are covered under LLP.
hello,
can a one person form a company ?
and what would be the approximate expense for company formation?
Please call me.
Dear Mam,
We are a group of 6 planning to Form a PVT Ltd. co.
Lets us know
1. Total expense including your Fees.
2. Time Tequired
Also,
Wheather Rs. 1 Lac is compulsory for each director? or What
Thanks
Basavraj
Please call me.
Can you give us the Section wise Comparison between Companies Act 1956 & Companies Act 2013
Please visit my blog i have already provided section wise comparison between Companies Act 1956 and Companies Act 2013.
Madam,
We have an organisation registered under the charity commissioner of Pune. We have not carried out any activity for almost 7-8 years now. We would like to start the activities all over again, and my other question is can we convert it into an HUF organisation with all my family people getting involved.Kindly suggest how shall we proceed. Thank You,
Regards, Sachin Nair.
It would be advisable if you visit Trust office and gather information.
What are the compliance to be follow as per new co. act after incorporation
please visit this link to know more about compliance to be followed as per new Companies Act 2013
https://blog.abhyankarcs.com/company-formation-in-india/activity_formalities_afterregistration/
I am a practicing CS in Mumbai. Would like to know if I can become a designated partner in a LLP where I don’t intend to practice from.
The designated partner shall do audit on behalf of LLP and do practice on behalf of LLP. If you are designated partner you will have to do audit on behalf of LLP and automatically doing practice.
Respected Mam,
Can you please tell me the procedure to form one person company
Procedure to form OPC
Obtain DIN,
Apply for DSC
Name application in e-form INC- 1.
Incorporation in e-form INC-2 and e-form DIR-12.
Respected Mam,
Can You Please tell the procedure for forming a “ONE PERSON COMPANY”
Procedure to form One Person Company i.e. OPC
To apply for DIN of one director
To apply for Digital Signature certificate
To make name application in e-form INC 1 with Registrar of Companies
To file e-form INC-2 and DIR -12 after approval of name application
Hello Madam,
I reviewed your blog about company formation in india. I am in the process of starting up IT company in India. I would like to seek your consulting service. please let me know your contact details preferably you phone number in email.
Thanks
Siva
My contact number is mentioned on website.
Hi,
We have a company registered in Chennai, Tamilnadu. Can we have a registration there in Pune, so that its easy to get contracts done? Can kindly advice any pros and cons associated to this?
Kind Regards
Hari
This question needs to be discussed, so I would request you to please contact me.
Ma`m,
i would like to know that is there any difference in the old e forms and new eforms for filling annual returns, compliance certificate and Balance sheet and profit and loss account,
pls also suggest from where i can download theses form
Looking for early reply
Thanks and regards
Adarsh Gupta
Please download forms of annual filing from mca.gov.in. To know the difference in old form and new forms, please download forms and compare.
Hi
I want to start a pvt limited company in pune and searching for a good consultant. In a search on internet, i found your blog which is really interesting. Please do reply, if possible with your fees
thanks
Abhijeet
Please contact me
YOUR BLOGS ARE VERY USEFUL AND THANK YOU VERY MUCH FOR DOING THIS TYPE OF HELP TO COMPANY/LEGAL FIELD
Thanks for your comment!!
PL INFORM CHARGES FOR FORMING PVT LTD COMPANY AT PUNE
Please meet me in person. Thanks.
Hi, Meenal Ma’m,
I noticed your blog accidentally. You have done a remarkable job in connection with the issues on introduction of Companies Act, 2013. I am a practicing CA in Kerala State. Can you please inform the changes in the procedures, if any, for regn. of a co. especially those for charitable purposes, as per the new Act.
Thanks for your suggestion, I will post it soon
is it possible to open pvt ltd company in Pune, when I am not available in Pune? I can send the required paperwork, but can somebody on my behalf start the company?
I am planning to start my own company in Pune but its not possible for me to travel.
Yes it is possible to register company without visiting India. you have to provide documents notarised from the home country and if you are NRI, the documents should be notarised from an Indian Consulate of Home country.
Yes it is possible to register company without visiting India. you have to provide documents notarised from the home country and if you are NRI, the documents should be notarised from an Indian Consulate of Home country.
if a private limited company appoint MD .Is their any mandatorily to take a permission from Central Government as per new Companies Act 2013
Sorry for the delayed reply. For appointment of Managing director of Pvt. ltd, as per CA 2013, the company shall be required for file form DIR-12 and MR-1 with ROC.
dear ms. meenal,
i saw your reply about woman director.
reply is brief and to the point.pl. keep it up.also invite other professionals CA,CS,ICWAI,MBAs also to contribute in this blog,to share your good work.
rgrds,
CA R V RAO
Thanks for your comment.
good useful information on the site.Can I park a name only before going ahead for pvt company formation
I assume you are referring to Registering/Parking your Domain Name for the Website purpose. I would suggest you to wait till Formation/Incorporation with your preferred name. There may be some instances of Name rejection by MCA (if it’s found duplicate for some reason).
hi mam
public company incorporation procedure companies act 2013
I will be posting the procedure of formation of public company very soon.
Dear madam,
Can you please let us know the pre requisite for company registration as per the companies act of 2013.
I heard that company need atleast one woman director so is it mandatory to have one woman director in the company. If suppose we start the company with minimum two director so do we need atleast one woman director from two or we can start the company without appointing woman director.
Your advice will be highly appreciated.
As per proviso of Section 146 of the Companies Act 2013 such class or classes of companies shall have at least one woman director. For the purposes of second proviso to sub-section (1) of section 149 the following class of companies shall appoint at least one woman director within the period indicated against each of them, as under:-
(i) every listed company – within one year from the commencement of second proviso to sub-section (1) of section 149;
(ii) every other company having a paid–up share capital of one hundred crore rupees or more – within three years from the commencement of second proviso to sub-section (1) of section 149;
please check the above criteria and then decide the applicability.
HI,
I have one doubt….just after incorporation of our Pvt ltd co. One of our director resigned but we appointed another director before he resign. We transfered the shares to new director and informed to ROC by filling form 32.
Want to know do we have to change the Table A of MOM and MOA in which we declare no. of shares holding by each Director.
regards,
Krishna
After appointment of additional director and transfer of shares to new shareholders, it is not necessary to change the Table A of MOA
Can i change Table A of MOA with new shareholder, Or is it not allowed.
regards,
Krishna
You can change the Table A of MOA with new shareholders by passing ordinary resolution and filing form with ROC within 30 days from the date of passing of resolution.
Dear madam
I am very much impressed with your blog. You are real professional giving all basic info and FAQ . In contrast my advisor who I met for forming a company was not at all transparent.
I wanted to form a pvt co.
Is the filing fees increasing 3/4 times with new company law. Is it true that I must file before march 25th to avoid increased fees.How the formation can be completed in one week? Is it really possible?
I need yr advise before contacting my advisor back or change my advisor.
It will not possible now to file documents of incorporation before 25th because as per Public notice, the Registrar of Companies has stop the facility of re submission of same application. Then again you will have to apply for registration as per New Companies Act 2013 and again you will have to pay registration fees. In order to avoid such risk, it will be advisable to do registration after implementation of New Companies Act 2013.
Annexure B of New Company Act 2013 talks about ROC fees.It is not yet implemented and hence I cannot give you more details.
Please refer CHAPTER XXIV ROC offices & fees for more details.
Dear Madam
I am from chennai. want to form a PVT co. Is the filing fees going to change drastically with new company law 2013.I am told that its going to be made 3-4 times the present fees and I am advised to get my co formed within March 25th. Is this a correct advise?
No comments before implementation of new Companies Act 2013 because Annexure B which talks about ROC fees is not yet implemented.
Hi Madam,
I want start a marketing company. What is the procedure to register the company in bangalore and how much I have to pay for completing the registration process.
Thank you,
Regards,
Sandesh
Please call me.
Dear Meenal ,
I have one querry that we are already having a pvt ltd company but we are also planning to launch a new export arm of it but with a diffrent brand name so can you please guide what are the legal formalities involved in this or do we have to create a individual pvt ltd company for the same
Please check the main object and ancillary objects of Memorandum of association of an existing company and if the activity of export is already covered then there is no need to form different company.
Dear Meenal, thank you for creating this wonderful blog. It is extremely helpful to many people like me who know very little about this subject.Besides, you conscientiously respond to every query in a manner which makes it easy to understand. I would like to start a similar blog to advise people about how to improve, beautify & better plan their homes and would really appreciate your suggestions /tips in this regard. Thanks again.
Thanks for your comments Gerard !!
I wish you the very best for your blog idea/career.
Just keep sharing your knowledge, that’s all i can say 🙂
Hi Mam, please reply…. Q is – 95%shares of indian pvt co. are with singapore based holding co. and bal are with 2 other indian individuals. We want to transfer individuals shares to holding co to make it 100% holding by foreign co. Please tell compliances of RBI, FIPB (if any) or other easy way of doing this to avoid any lengthy procedure. Business is not covered under automatic route of FDI.
Based upon information provided to me, you need to obtain FIPB approval firstly and then can initiate the process of transfer. For transfer of shares from Resident to non resident i.e. Foreign company, the Indian company shall be required to file FC- TRS form with Reserve Bank of India through company’s bank account. ( i.e. Authorised dealer).
Subject:
Resignation of director
Message:
a pvt ltd company formed in 2009. One director is foreginer having 99% shares and other is indian having 1% shareholding.
Now the indian director is ditching foreigner director. That foreigner wants to remove him from the comany’s directorship but indian director is not ready.
Now my question is whether it is possible to appoint new director without the consent of indian director or there is any way to remove him from the directorship of company without his willingness
If the company is having two directors, for appointment or removal of director, consent of all directors should be taken.
Madam,
We have our LLP got registered and we got incorporation certificate in April 2013, in which 3 partners are there. At that time, when company got incorporated had not written partnership agreement, since ours nature of buisness is service oriented, each partner go to client’s place and do service and no money transactions involved frequently and we have a simple understanding with respect to monetary shares. Recently to open an account in the name of LLP, bank asked LLP agreement and so we executed the LLP agreement on 1/1/2014. At that time Bank sought witness signatory of Company secretary and company secretary madam asked whether we filed Form 3. We said we have not filed.
My query is since we had no agreement at the time of incorporation are we liable to file Form-3 mandatorily and as we have not filed it till now, there would be any penal charges. If there is panal charges for nonfiling, is there any possibility of compounding. Kindly clarify.
Anitha G.,
Chennai
The LLP agreement has to be executed within 30 days from the date of receipt of certificate of incorporation and should be filed along with form 3 with ROC within 30 days from the date of receipt of certificate of incorporation. If there is delay in filing form 3, then there will be additional fees along with normal ROC fees to be paid to ROC. The ROC fees would depend upon the amount of total contribution of LLP. Please visit http://www.llp.gov.in and then go to calculate fees, select the form, specify amount of contribution and date of event as date of LLP agreement, you will get exact amount of ROC + additional fees.
Madam,
I have a doubt about the above case.
We have now under the same situation.
Can we close a LLP Company before filing the above said Form 3.
Being there is no transactions made against LLP name, is there anyway to
Close the company.
Kindly Suggest us the right way.
You can close LLP after filing form 3 as a compliance and procedure. Because while formation of LLP, after filing form 2, form 3 along with LLP agreement should be filed within 30 days otherwise, there will be delayed in filing form 3 and you will be unnecessary required to pay penalty.
Once the LLP is registered and got incorporation certificate, the same shall be wind up after filing form 3.
Dear Ma’am,
Heard about One Person Company (OPC). I am interested in starting HR consultancy under OPC. What are the requirements under this act ?
Can we start the registration process, or still the act is under process ?
Requesting for your advice.
Thanking in advance.
Tushar
Provision related to “One Person Company” (OPC) is still not implemented by the Government.
It’s much awaited provision so I will surely update on this when it does.
Dear Mam,
i am vijesh suthar,
i want to what is difference between the extract from minutes and certified true copy of minutes.
Extract of Minutes of meeting is the part of minutes as whole where as the certified true copy of minutes cover the particular resolution passed in the meeting.
Dear mam,
I am vijesh suthar, i want to incorporate LLp but i have doubt about llp agreement.
my Quuestion is:- when any new partner is enter or retire than is there required to alter LLP agreement?
please let me know
Whenever there is any change in LLP agreement with regards to capital, admission of new partner or change of partners, the supplementary LLP agreement shall be filed with ROC.
hi mam
I want to started own web design buisness in mumbai . how i register my buisness? tell me some procigers.
If you would like to start your own design business, either you can make registration as sole proprietorship firm or if there are two partners, then partnership firm or Limited liability partnership or private limited. For knowing more details please visit my blog.
we are Gurgaon based private limited company, and wish to open second office in Pune, I wanted to check with you what kind of licenses would we require from Pune or MH authorities? And if you can help us getting the required certification / compliances?
You will have to obtain shop act licence in Pune where the office will be situated. yes i can help you.
is stamp duty applicable for increase in contribution of LLP if yes then wat is the rate?
It is 1% of amount of capital.
Dear Madam
I would like to start a financial company,how i prepare for that. Before shall i start chat fund then after i established a company…please tell me better way…
yes you can register proprietorship form for chit fund and later on establish a company.
can you guide me about how to open a pvt.ltd company
Please refer my blog – step by step procedure to form private limited company, if you need any help please contact me.
Hi Mam,
please tell me how much money does it take to start a pvt ltd company.
I need the full details of how much is needed for what.
thanku so much in advance.
To start Private limited company, the minimum authorised capital should be Rs. 1 Lakh. It means there will be two members who will contribute total Rs. 1 Lakh for formation of private limited company.
Dear Madam
I’m chandrapal from Hyderabad , i have a friend from Africa (Congo).We would like to start a Import export business Over here Back in Hyderabad India. He haven’t been here in india Yet. He would like to work from there only (Congo). I would like to Know the Documents to get Import Export License and registration . what documents do i need to provide to get all this stuff . What documents shall i have to ask him to provide. Please suggest me and how much money do i have to pay to get IEC and all . Please reply me as soon as possible.
Thanks & Regards
Chandrapal
For applying for IEC please visit DGFT site and search contact number of DGFT office located in Hyderabad. Kindly submit the documents physically for obtaining IEC.
I WANT TO INCREASED MEMBERS IN COMPANY (FROM 50 TO 60) AS PER NEW ACT,
WHAT IS THE PROCEDURE
PLEASE LET ME INFORM AS SOON AS POSSIBLE,
Since the new Companies Act 2013 is not yet implemented, the company shall follow the existing provisions as per Companies Act 1956 with reference to number of members.
Mam, pl let me know that whether one man company concept has started yet. If yes, what is its procedure and what is its advantages and disadvantages as compared to the normal private limited company with two directors.
One Person company concept is not yet implemented. The forms of registration are not ready, but for reference you can ready draft rules prepared by MCA.
Dear Mam,
verymuch usefull. i will be in touch with you.
I wish to start a PVT. Ltd. company for running my training business. My wife, my son and I want to become its directors. Is it OK to have all 3 members from the same family? Please respond to my e-mail ID.
Yes you, your wife and son can become director and members of new Private Limited company.
Dear Ms. Meenal,
Highly appreciate your guidance on the company law matters.
Just want to know whether there is any change in process and forms involved in compnay formation due to incorporation of Companies Act 2013.
Thank You
Looking forward to hear from you
Inshira
Since Companies Act 2013 is not yet implemented, the company shall be registered as per the present forms which are available on MCA site as per Companies Act 1956. But later on there may be few changes in the formats.
Dear Madam,
My Friend is NRI & he wants to open the Pvt Ltd company in India., His business in India mostly the trading business. The said business will be operate by me in India.
We required your help & guidance to open a Pvt Ltd company or any other different option
Sorry for the delayed reply. Please call me.
Dear Meenal,
I was browsing the net and found your blog which seems useful to me. I want to register a IT consultancy firm in India and branch in overseas. Can i call you to discuss some legal and seek your advice please?
Regards,
Shiv
Yes You may call me on 07.01.2014 on my cell number.
Mam,
Your blogs are really helpful.
A very big Thanks to you.I hope we will continue to be guided through your really knowledgeable blogs in the future too.
Thankyou Mam so very much.
Thanks
Hello Dear Ms. Meenal Abhayankar
Greetings!
I am a USA citizen of Indian origin and I have a small software company in Jaipur for about 1 1/2 year. I pay most of the major expenses from here on line. However to lease the space, we needed to form a local company and the developer agreed to be the local (Non-equity) partner and we have a deed registered. We applied for a Pan card and also have a bank account. However this developer now wants to leave this partnership. We have no Indian operations (No revenue is drawn from India). In fact we still in the original prototype creation and we have no revenue from any where. It is my personal venture with my own capital at risk. We hope to be able test our product in this summer.
Is there any way to maintain this entity without the Indian partner, solo by myself?
If not, and if I do find some one else (in my distance family member, outside Jaipur, which is also going to be bit difficult) can that person substitute (essentially a stand in person to fulfill the Indian seat)
What do you advice as a practical way to have a legal entity essentially just to lease premises and a bank account for payment of small bills as we are trying to create a new software.
It is my understanding that I have to Indian persons for Pvt Ltd or Public companies.
Also besides this I am also looking for a ISO 9000 registration but for a foreign process (not Indian Company) I am prepared to engage you if you can assist me with any of the above
Thanks
Vijay K Chopra
Please call me
Dear Meenal,
First and foremost I should truly appreciate for your continuous contribution by sharing information regarding company laws, procedures and regulations details through internet. Also I really have high regard on you for respecting the people by giving reply to those who pose questions to you. My query is we are planning to change our partnership company into pvt. ltd company. So we need your counsel regarding the same.
Regards,
Shahul
Thanks for your comments. Yes you may call me and we will discuss.
thanx ma`am……..
Dear Meenal,
Is it possible for an indian partnership firm having head quarter in India to open a branch office in Overseas country such as France? Similarly for a private ltd company whats the laws says?
Looking forward your reply.
Kind regards,
Shahul
Yes a partnership form having head quarter in India open a branch office in Overseas country. Even if it is a private limited company, it is possible.
whether there is condition to maintain Rs.1 crore paid up capital
if I want the word ” INDUSTRIES “in my proposed company name
Thanks
There is no condition to maintain Rs. 1 crore as authorised capital to use the word “Industries” in the proposed company name as per Name Guidelines.
madam, in CIN number of a company the last 6 digits are ROC reg. so, we can select or is there any chance to get those 6 digits what we want
The last 6 digits specified in CIN of the company is company’s registration number.
Good evening madam,
I would like to start a Pvt Ltd co,
Need assitance of procedures.
You may visit https://blog.abhyankarcs.com/company-formation-in-india/how-to-register-a-company-in-india-incorporation-formation/ to know the detailed procedure for Starting a Private Company. If you need further assistance you may get in touch with me. Thanks.
Mama,
I would like to know about section 58, 295, 370 & 372 and their amendments there on
Regards,
Sailesh Lingam
Kindly check with Company Bill 2012 i.e. Companies Act 2013( which is not yet implemented).
We have formed an LLP with contribution of Rs 1 lakh in Mumbai. Partner C is resigning and his share and contribution is taken over by Partner A. We have to enter into Supplementary agreement. Do we have to pay stamp duty, as there is no change in total contribution? Thanks in advance
Sorry for the delayed reply. Even though there is no change in total contribution, due to change of partners, you should submit LLP forms 3 and 4.
Good Evening Meenal!
It is said that sharing of knowledge is a way to achieve immortality. I appreciate your efforts Meenal, in sharing your knowledge with the rest of the world.
I am a software professional and I am planning to start an online media firm along with few other partners. While I was burrowing various company structures leaving no stones behind, I felt that registering the firm as an LLP will be legitimate and the best fit.
However, I would like to have a word with you, hear from you and seek advice before I set things in motion.
Please let me know the good time to have a chalk talk. Thank you and I wish you a great evening!
Thank you for your comment. If you would like to seek advise please call me tomorrow.
Respected mam,
i wanted to start my pharma marketing com.
for that which is the company is good foe eg. public ltd or pvt ltd. i want to start this with my friends so which is benificials for us and how to start the same.
Please call me.
Thanking Letter for Your Valuable Voluntary Contributions
I, CA. Md. Arif, a newly qualified practicing Chartered Accountant at Kolkata, cordially like to offer my Thanks and Warm Wishes for your voluntary contributions by means of publication of several articles available widely through public resources via Internet. Those valuable articles not only have helped me a lot to solve several problems of professional nature rather worked as ready reference to relevant laws there under indicating thereby savings of substantial time for me and reducing time opportunity cost thereon.
Thank you Md. Arif, for your comments. I am glad this blog is helping Practicing professionals like you. Keep visiting & do share the knowledge to others that you have acquired from this blog. I wish you all the best in your career!!
madam ,,, i would like to see my company as a pvt ltd plz explain thos things
To see the status of company, please visit http://www.mca.gov.in and click to ” View Company Master data” you will see all details of your company.
dear madam,
i would like to establish one manufacturing indusrty in bio-fuel sector.kindly suggest how to register a pvt limited company? what are the basic requirements to regiter the company? how much of money required to complete the process?
Please call me.
Hello Madam,
Sections 372A of 1956 Act has been restored until 186 of 2013 Act is made applicable. But what about private limited companies? 372A is applicable only to public ltd co and to a pvt ltd co which is subsidiary of pub ltd co.
Does section 185 of Co act 2013 applicable to pvt ltd co? Is erst while sec 295 is also restored until 186 (2013 Act ) is applicable ?
Yes Section 372 of Companies Act 1956 is applicable to Public company and to private limited company which is subsidiary of public company.
Section 185 of the Companies Act 2013 will be applicable to all companies, because it is specified in Section 185(1) that “no company”.
For your third question- yes Section 295 is also restored until Section 186 (2013 Act) is applicable. Please refer Circular No. 18/2013 dated 19.11.2013. http://www.mca.gov.in/Ministry/pdf/General_Circular_18_2013.pdf
Dear Maam,
I would require the detailed procedure for merger of Public company with private company.
I will think over to post his article on my blog. Thanks for yous suggestion.
Hi,
Complement of day to you!
Really useful blog and thank you for your valuable service here.
We are in to ITES business past 2 years. our company is located in Tamil Nadu. we are planning to changing to private limited company. Now we have SSI certificate. there are 18 employees working with us. so can you please guide to move further.
Regards
UVI
Sorry for the delayed reply. Can you please call me.
mam
i wanted to know abt the provision of minimum paidup capital i.e where we have to show it ?
You have to deposit subscription money in the company’s bank account then it is termed as paid up capital.
hello madam…
i have the doubt regarding the conversion of partnership firm into company. As i know, we convert in 2 modes. They are:
1. incorporate a new company and take over the business of existing partnership firm.
2. convert the existing firm into company under Part IX under companies Act.
But i want to know to know which option is beneficial to me in monetary as well as other legal compliances point of view..
Kindly explain me which option is better…thanking you mam…
The first option will be beneficial to you in monetary terms as compared to 2nd option of registration of company under Part IX of the Companies Act
I WANT TO SEARCH SHREYA CONSTRUCTION CO.IN PUNE & ITS ADDRESS.HOW TO GO FOR SEARCH I DONT KNOW PLZ GUIDE ME
Please visit http://www.mca.gov.in and check with Company Master data you will get address of the company.
hi mam,
I have Attended the interview in modelix inc in bangalore in white field..
i have checked the company name for mca site ..but not showing any thing…
please man tell me this company is fake or not..
Please check once again. Please specify CIN of the company in name search.
Good to see the efforts put in to bring out the section wise comparison and i appreciate this. Do you have word format of Compaines Act,13 as well as the draft rules I am not able to convert them if you have please upload them i shall take it It is needed for comparison and do further study of the provisions
Thanks for your comments. Sorry I don’t have those files in word format.
Hi Meenal,
Good Evening !
Iam Bhushan from hyderabad, looking to establish an partnership firm undertaking consultancy jobs in taking up the projects in healthcare sector.
So i would like to know how to start and how to search the company name .
So could you please guide me in this regards Meenal.
Looking for your early reply .
Regards
Bhushan
To search the company name, please visit http://www.mca.gov.in and click to ” Check Company or LLP name” and search online.
Hi
I would like to start up company in IT. I would like to know a provider who can assist me in this. Because when i contacted them directly i faced lot of hardships.
i would like to talk to you kindly provide meyour contact nos.
Thanks
K Chandran
Please find my contact details here http://www.abhyankarcs.com/contact/
Helow mam i want to make a presentation on new companies act can u please help me to give some reasons for positive and negative impacts of cs profession .
Please call me.
INFORMATIONS PROVIDED IN THE BLOG IS HELPFUL AND COMPREHENSIVE. HOW CAN I GET HELP WHEN IN NEED.
Thanks. In case you need any assistance either you can post your query on this Blog (through comments) or email at : info@abhyankarcs.com
Hi Meenal, Excellent informative blog.
I liked your attitude towards knowledge sharing.
I am sure this must be benefiting all the professionals like me, especially the answers to the queries.
All the best !!
~ CA Rajesh
Thanks for the kind words. I am glad this blog is helping professionals like you. Appreciate if you could share these posts with your friends/colleagues. Thank you once again.
Hello Mam
How can I get the Password for efiling of ROC Returns as our Ca is unable to give the password to us.
Also I have Filed my Last ROC Return till 31.03.2010
What will be the Penalty and ROC Filing Fees If i File my Returns till 30.11.2013 for fin yr 10-11, 11-12 and 12-13
Thanks
The normal and additional fees for annual filing forms depend upon the amount of authorised capital. For calculating penalty you can refer http://www.mca.gov.in. For more details please call me.
Good initiative madam. We have started CS Coaching classes in Hubli. Seek your blessings. We are all qualified Company Secretaries and we will be thankful if you could drop in a small pep up- motivational mail for our CS executive students who will be attempting in December this year.
Thanks for your comment. I wish you Good Luck in your venture.
we are into service industry of Housekeeping and security .Present name of organization is Ratan Emporium and is prop concern..
Wants to open new PVT LTD Concern .
Please suggest names (if possiable)
regards
Please call me.
Hi
Wanted to know do you offer service for incorporation of the pvt. company.
from DIN /DSC, ROC, MOA, AOA, Form 1A, Form 1…etc and what is your Professional fees.
regards,
Krishnananad Rai
As per our discussion, kindly visit my office. Thank you.
Is it necessary minimum Rs. 1 Lak for Capital require for the register software company which I want to register as individual?
If you would like to register business as individual there is no minimum capital requirement. The condition of minimum capital is only applicable to Private Limited company.
hello mam,
i want to register a company.
can u guide me how to do all this things.
Please call me.
Dear Madam,
Pls provide me your contact no. I have some queries regarding a small business project?
Thanks
Pramod
it is mentioned on website.
Hello Madam,
I stay in PUNE and wish to start a small business, offering professional software services online like creating websites, applications, software etc.
what legal things do i have to take care of, as in do i have to register my venture somewhere ?
greatly appreciate your advice.
Thank you
if you would like to do small business such as online consultancy, offering professional software services, you may register your firm by obtaining shop act licence.
Hello. Is it possible to transfer the promotership/propreitership/directorship of a company at a later time. Say for instance a person A and his spouse B (directors when company was formed) start a company and want to transfer the propreitership to say his son C and his spouse D (new directors), is this possible and is the procedure simple? Also, is there a specific time frame post company formation,after this is allowed (if a transfer is possible).
Yes this is possible. Change in director/ shareholding pattern is possible. For more details please call me.
Hii..Mam, I want know the step by step procedure to Close LLp and Private limited co ..and expenses thereof. Please mail….
Please call me.
I need to file my annual returns to roc. Please let me know how to proceed and how much will be fee
Please call me.
Mam,
I am also a student of CS Final cleared 3 modules & working in a company & my question is – during filing of e-form 32 information wrongly provided means instead of ‘A’ details of ‘B’ has entered but in actual B is not the first director while A is first director as pr AOA of pvt. company…now its been more than 60 days passed with this incident n now please tell me what to do n how??
If the sequence of names of directors as per Articles of Association differed as against the Form 32, it will not affect the provisions, because as per Company Law, you have provided the details of same person as they are while forming incorporation document.
Dear MAM,
First of all Thank U for creating the Blogs and helping everyone who are concerned.
Mam I want to Register a Company Name and its Logo for My future Business. Is there any Amount I have to show or I can simply register and start my business later on. I am from Mumbai so If I need all my documents and Registration process down by you will you do as you are from Pune. Please let me know the Fees for Registering the Company Name an its Logo.
Thanks in advance and Keep up the Good work.
Regards,
Afzal
Please call me.
dear madam,
it is great to have such blog.
I am fresh to start a pvt ltd company. I need your help to start the new company.
thanking you,
regards,
shashi
Thanks. Please call me for further assistance.
Dear Madam,
I would like to know if the objectives or any other part of Memorandum and articles of association of a Special Purpose Vehicle should stipulate the Specific and Limiting Objective instead of or in addition to the generalised objectives as in that of a general company.
It would be always advisable to specify provision related to future planning/ activities in MOA AOA (Memorandum and Articles of association). In your case, you can specify the nature of business or ancillary activities in the same MOA.
Mam ,
Could u plz comment on to open a subsidiary company by Indian co in india only and will they be treated as one assessee for income tax purposes
Indian company can open subsidiary in India as well as outside India. If it is going to have subsidiary outside India, it shall have subsidiary either by way of executing joint venture with foreign entity i.e. body corporate or establishing Wholly Owned Subsidiary outside India by complying the provisions of FEMA and Companies Act, 1956.
Hello ma’m,
This complete work i.e. your blog and all your sincere efforts, all thought process is awesome…
You are a perfect and best professional lady.
Indeed All this your work will be helpful for every1.
Thanks for your comments.
We have 2 Questions :
1. Our Client is a troubled company and it is a Limited Company with Shares held by promoters having 3 directors . Now 2 Directors want to resign and no new person wants to become a director . How it is possible ?
2. Another Client wants to wind up his Limited Company with Shares held closely . Pls inform the procedure of the Official Liquidator
Couple of questions need to be discussed. please call me
Madam, I wish to form a Corporation to run a Lifestyle Center (small Hospital with 10 patients using natural remedies) with family and well-wishers, on my 2 acre property in Bangalore. Is there a simple format to fill? I run a WUI charitable trust registered in Bangalore. Could not the hospital be run under the Trust (my trust deed says so); with Board members not register under companies act? Do you have an office in Bangalore?
Ellen John
Trustee
Wake Up India
Cell: 9986653256
Please call me.
I would appreciate if i get the notifications
You may like on facebook or follow on Google+ or LinkedIn to get the notifications & blog updates. Thanks.
Hi Meenal,
Lately I happen to see an offer of loan from the internet and we have corresponded a few email pertaining to the loan.
After much correspondence they finally approve the loan but they advice me to pay a sum of SGD550 to IMF in order for the fund to be remit to me?
I seriously have in doubt of this company and I have been asking them why must I pay this amount to IMF which apparently they claim that this is a regulation in India.
Now I would like to know if this company is register in India perhaps you can advice me accordingly:
Company Name: Eng Lee Mortgage Lending Company
Address: GK-1M-17, M Block Market, Greater Kailash 1Delhi 110019 India
Government Accredited Licensed Under The Data Protection Act of Registration 623704 India.
Could you kindly advice if this company is legally registered in India.
Thank you
Please follow the steps mentioned here : https://blog.abhyankarcs.com/company-formation-in-india/how-to-verify-if-any-company-is-really-a-registered-one/
to check whether the Company in question, is Registered with RoC/Government or not.
pls provide your ph for detail conversation.
My contact details are mention on my website. http://www.abhyankarcs.com
hi this is bunty singh from kolkata i am about to open a company in which we ll work on four sectors transport, bpo, promoting, manufaturing. pls suggest me a name for the company. it ll be very good if we can talk over the ph . thanks
Please call me.
Hi Meenal,
Need to have a word with you around company start up. I am from Pune itself. May I have your mobile no oon my mail ID please.
Regards – Nitin
My office details, contact number is mentioned on my web site http://www.abhyankarcs.com
Please call me for further guidance.
i like to start a company as with the name including “India”. but ssi has denied as the company has the name India. what is the procedure to add India in to my company name
The Registrar of Companies may allow to use word India in the proposed name. Can you please clarify me about ssi?
Madam, I need a small advise. I have a client which is LLP. We need to add designated partner and retire 1 partner from this LLP. Can i do this in one form 4 and whether a modification to the deed is necessary.
A modification in LLP deed shall be required and filing of e-forms 3 and 4 is necessary.
Hi,
Nice blog, please keep it up.
I have a question –
I visited ROC Pune to get info regarding a Dormant pvt ltd company. No Annual returns have been filed since 1998-99, but Form 8 for Deed of Mortgage loans have been filed till 2005. Directors names/current addresses not available nor is the Company traceable at its last known address. How should I send notice to such a Company… Is the entity valid/functioning…How can one find out if they are filing Income Tax returns, etc.
Please help.
Thanks,
Atul.
Couple of question needs to be discussed, please call me.
Appreciate your efforts…Ma’am
Thanks!!
Dear Meenal,
I have gone through your site and would like to congratulate you on the splendid work.
It is very comprehensive and informative in nature.
What i like the most is, how you have put down the information in such a simple manner.
Thanks Nishi, glad to see this helped you.
Dear mam
I want to ask you that whether a non resident can be a director of a company? if yes then, if there is any limit in case of the company incorporation as well as afterwards.
Regards
Yes, Non Resident can be a director of company. Minimum two directors are needed to form Private and 3 directors in case of Public Limited.
Dear Ma’m
I am in process of incorporating an unlisted public company,
having
7 Members ,
6 Directors ,
Paid up capital Rs.5 lacs
I have a query regarding a Form 20
I know after getting Certificate of Incorporation , we’ll efile Form 20.
I am totally unaware about Form 20, can you please help me to fill in this form.
and thereby provide me some suggestions regarding the same
Thanks with a favourable hope
Please call me.
Your blog is the most comprehensive if anyone is looking to find information on LLP. I read all the post relating to LLP and got all the information I needed on your site. Thanks for this.
However, I do have some questions which I would like to run through you as I am planning to open an LLP soon. I tried to call you but no one answered, almost forgot it’s weekend. Will call on monday.
Thanks again for making all this information available to us.
Hi Meenal, really wonderful efforts. I am following all the posts & proved very useful in my own practice. Keep writing & sharing knowledge !! Thanks.
Thanks for the comment.
Dear Mrs. Meenal, First of all thanks for such a wonderful and useful blog. I am from Karnataka. I have few questions about company formation. Let me go one by one so it will be easy for you to answer.
1. A friend of mine said going to form a private limited company will be worst and he suggested to continue the company with proprietorship, is him right and what is best to form a company proprietorship or private limited company?
2. I am about to launch a chain of restaurants and I want to register it as a pvt ltd company. My problem here is the name I have chose is already taken by some big firm not in India but in Nigeria. Does it create any problem with my company later years? That business in Nigeria is well established and well known. Any idea what could I do? Does it create problems later? Even though the name is same, I am going to design new logo and colors which they used. The business and menu will be almost same like that restaurant chain in Nigeria.
Thanks in advance for your time and reply,
Best,
Harsha
Regarding the first question I request you to please call me because it needs to be discussed. Regarding second question, you need to check whether that existing registered co has registered trade mark. While making name application you will require to take search of trade mark ( whether it is available or not). If the name and activity is the same, you should double check the name availability on MCA portal and trade mark site.
Hi Mam! I’m a Practicing CA. I’m going to start some work related to e-filing of Annual return of the Company with ROC.I have read your blog about e-filing of Annual Return of the Company.It is profitable to me.
Thanks.
I am glad this blog helped you. Thanks.
Dear madam,
I want information about how to register the company name in the venders list name in the maharashtra state(India).
I am not getting what exactly you are looking for. Please call me to discuss in detail. Thanks.
Dear Ma’am, your blog is very informative and i find myself coming here often for information. I have a query which i hope you would be able to assist me with.
The revised form 18 for situation of Registered Office asks for the following attachment, amongst others:
“Proof that the company is permitted to use the proposed premises as its registered office, where the same is not owned or taken on lease by the company or its directors.”
My query is – is an NOC from the current owners a sufficient proof for this requirement???
Thanking you,
Kathryn.
As per revised form 18 while submitting documents of address proof, one should also attach No Objection Certificate (NOC) given by owner to the proposed company specifying that he has no objection to use the said premises for office purpose.
Madam, you blog is really informative. I wish to communicate through emails since this is public domain.
About me: I am a CA (India) and CPA(US). Practicing now.
Kindly send your email details to my mail id to communicate further.
Looking forward for your earliest response.
Thanks for writing to me. You may email me further on info@abhyankarcs.com
Dear Mam,
I recently joined an organization for MBA internship, later i found out the company is not registered.
Will there be any negetive consequences, please advice.
Is there any possible solution?
Regards,
Gaurav
Sorry i won’t be able to comment on this.
Please suggest me that every word should be different when choose name availabilty on MCA portal.
just now i apply for a private limited compnay and in last i face prblm becoz of last word match with other company. please suggest me wt i do
As per Name guidelines specified by Ministry of Corporate Affairs, the name should not be similar to existing company name, partnership business. In some cases, the prefix (the first word) would be same and activity would be different. In that case the Government would permit that name even though the name is similar to existing company name. But if the activity is also same then it may not permit.
I assume that you have faced problem regarding activity(last word) , in that case you may apply with fresh name.
Dear Mam
Its very useffull blog for me to get knowledge.
Mam i want to regeister pvt ltd. company for Aviation for Ground handling as well as charter handling.
I had office agreement in city but i am belong to Rajasthan not any present address proff
for Raj i had voter id card can i apply for company regestren without present living adress proff
regards
Marudhar
Can you please clarify where do you wish to register company? Please clarify me whether you are owner of office? taken on rental basis? For further details it would be better if you will call me.
Hi, i would like to know.. what is the procedure if the two directors & shareholders are going to be foreign citizens and one indian shareholder and director.. And is there any procedure to follow if the capital brought in is going to be in foreign currency.. is the Fema applicable here??
Couple of questions need to be discussed.Please call me.
Mam,
Could you please tell me what is to be done if Compliance Certificate date is after the date of balance sheet and I want to put the point of Compliance Certificate in Directors Report of my private Company.?
As per information provided by you it seems that the date of Balance sheet and Director’s Report is same. In that case you can add point of Compliance certificate by attaching Addendum to Directors Report.
Gd evening m’m
i’m nitesh i want to start a pvt ltd company of Architecture & construction,so what is the process of pvt ltd registration,please give me a detail of pvt ltd registration fee,
Please visit my blog for knowing the procedure of formation of Private Limited company and for more details please call me.
Hi,,I wanted to understand the logic behind profit sharing in a pvt ltd co. we are in the process of registration and we have 4 investors who will also be part of the directors,,two of the directors will be fully involved in the business and its day to day running..what would be a fair method to arrive at the profit sharing percentages
Couple of question needs consultation. Please call me.
Dear Maam
I want to obtain a trademark of a building name. Please tell me the procedure and the required forms to be filed for the same.
Regards
Shalini
Please take search of proposed trade mark on IPR website http://ipindiaservices.gov.in/tmrpublicsearch/
Then file TM application and representation with Trade Mark Registry within whose jurisdiction the registered address of business is situated.
madam,
i have read your blog regurding company & company formation, i have form a pvt.ltd. company in feb 2012 now i want to learn how to run a pvt.ltd. company. i want your appointment for further details,you can send me details for your appointment
from
vijayendra kamble
Please call me.
I want to register new Data entry company, so i want information about procedure
This needs to discussed hence please call me.
Hi
Greetings
I have a company at Pune. I am keen on shifting the same to Bangalore. I would like to know the procedure to be followed for the same.
Regard
Please read the procedure on my blog -shifting of office from state to state.
if company not file form 8 for loan security charge creation then how to disclose in financial of comany.
Whether we disclose full security close which mention in senction letter or we disclose only that company not filled form 8 in ROC
The filing of form 8 for loan security charge creation is the responsibility and liability of the company. If the company fails to file form 8 within 30 days from the date of creation of charge, it would be liability of the company and it has to disclose the full security in the balance sheet even though it fails to file form 8, because filing form 8 is procedural part.
Dear Madam,
Greetings for the day.
I have one more query about same Pvt. Ltd.company I mentioned in my previous mail.
Company is engaged in infrasturcture business, to be formed with authorised capital of Rs. 1 crore. Are there any specific procedures/rules & regulations or any restriction to form a company with authorised capital of Rs. 1 crore.
Regards,
Mrs. Madhuri A. Kabade
There is no specific procedure or rules regulations to form company with authorised capital of Rs. 1 Crore. This answer is based upon information provided by you.
Dear Madam,
Thanks for valuable guidance.
Same infracture company, is having following clause in MOA
‘To carry on business of purchasing or letting on hire in any part of India or abroad all kins of machinery or plants.’
Kindly let me know whether Indian Company can do business abroad.
Are there any other legal aspects to be considered do such business.
Is this clause in MOA is correct ?
If this company is formed with authorised capital of Rs. 1 crore, any legal aspect to be considered after formation.
Regards.
Mrs. Madhuri A. Kabade.
Before come to the answer MOA clauses need to be reviewed properly. Please call me and if possible meet me.
Iam running small IT Company. I change to pvt. ltd. What is the procedures. Another one doubt is customized software developing and sales is applicable excies duty?
Thanks & Advance
Please refer my article on blog for procedure of company formation.
https://blog.abhyankarcs.com/company-formation-in-india/how-to-register-a-company-in-india-incorporation-formation/
CS Meenal
I have perused your articles on your decent blog; It is definitely recommended that this web page must be bookmarked.
Thanks and Keep Sharing
Thanks!!
Dear Madam,
Greetings!
1. Post company formation at MCA, what are next steps?
2. What are ‘MUST DO’ periodic filing / taxation formalities for a new born pvt ltd company?
3. Heard, if annual turnover less than 10 L, there is an expatiation for VAT, is it right?
4. If business nature involves re-sell goods (after paying VAT to distributer) and integrate them (service involved), How to bill to customer adding with VAT & Service tax?
5. If turnover is smaller, any exemptions from service tax to new born pvt ltd’s ?
Regards,
Sasidhar.
Please visit post formalities after incorporation of company on my blog. After formation of new company, you will have to file balance sheet , profit and loss account , annual return once in every year.
VAT registration is mandatory if the annual turnover is Rs. 5 lakh or more. If turnover is smaller than service tax, you need not apply for service tax registration number. it is voluntary in that case.
Dear Madam/Sir,
I have to establish a new company how can i know the Name Availability for the proposed company is there any forms for application of Name Availability
Please provide me the details, thanking you
Regards
CA.Nagaraju
Please visit here to check Company Name Availability. This is free online search facility provided by MCA21.
You need to file e-form 1A for making application of name availability.
You can download e-form 1A (Name availability) from MCA portal. You can check the name availability on MCA portal – check company names.
Madam , I am in the business of pharma distribution & Marketing based at Aurangabad. Presently mine is a proprietorship firm. I am planning to make it a private Ltd firm. I want to register
name of my firm first and the brand name afterwords. Please inform me Trademark registration procedure, required documents & fees or expenses.
I think we have discussed on phone, if you need any guidance please call me
Respected Mam,
I am CS final Year Student.
I have query regarding LLP
Is it mandatory that Nominee appointed by Body Corporates in LLP should be partner in such LLP?
Nominee appointed by Body corporate need not be a partner in LLP.
Respected Ma’am,
I am planning to get registered a company in the field of textile . how to check whether the name choosen by me is available for registration or not
To check the availability of names, please visit http://www.mca.gov.in