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Page 1
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Compliances of
a Newly
Incorporated
Company
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Page 2
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Company
Incorporation
Common
Seal and
Company
Stamp
Company
Stationery
and Name /
details
Display
PAN Number
Bank Account
Shop and
Establishment
Act
Registration
TAN
allotment
Statutory
Auditors'
Appointment
Allotment of
Securities
Disclosure of
Director's
interest e-
Form MGT 14
Non Statutory Activities
Statutory Activities
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Page 3
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Before we go to these activities, let us understand what constitutes an Incorporation
of a Company
What Constitutes Incorporation of Company
Once all the Forms are duly approved by RoC, the digitally signed “Certificate of
Incorporation” is emailed to the Directors.
As part of the Green Initiative by the MCA (Ministry of Corporate Affairs), few
Certificates including “Certificate of Incorporation” are now issued only in the
electronic format i.e. softcopy (having digital signature of RoC Registrar). Once the
Incorporation Certificate is received, Company can start its operations.
How to validate a Digital Signature on the Incorporation Certificate?
The Certificate of Incorporation (CoI) received in the .pdf (which opens in “Adobe
Reader”) format, may display “Validity Unknown” for the Digital Signature. Please
follow the steps mentioned here. Please note that the version of Adobe Acrobat
reader should be 9 or higher.
Non Statutory Activities
Click on the Digital
Signature
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Page 4
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Click the “Signature
properties” button
Click “Show
certificate”
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Page 5
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Click the
“TRUST” tab
Click the “Add
Trusted
Identities”
button
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Page 6
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Click “OK”
Tick Mark
“Certified
documents”
-----------------------------------------------------------------------------------
Page 7
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Click “OK”
Click
“Validate
Signature”
-----------------------------------------------------------------------------------
Page 8
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Signature will turn
Valid as above
-----------------------------------------------------------------------------------
Page 9
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Common Seal and Company Stamp
Common Seal
Company being an artificial person does not have a physical presence therefore it
acts through its Board of Directors for carrying out its activities and for entering into
various agreements. The Company uses Common Seal as its Signature. Common
Seal means, the metallic seal of a company which can be affixed only with the
approval of the Board of Directors of the Company. It is the signature of the company
to any document on which it is affixed and binds the company for all obligations
undertaken in the document.
Affixing of Common Seal under the Act: Articles of Association of a Company
Limited by Shares specifies:
Article 2 (ii) of Table F - every certificate shall be issued under the seal of the
Company.
79 (i) & (ii) of Table F and 30 (i) & (ii) of Table H
(i) The Board shall provide for the safe custody of the seal.
(ii) The seal of the company shall not be affixed to any instrument except by
the authority of a resolution of the Board or of a committee of the Board
authorised by it in that behalf, and except in the presence of at least two
directors and of the secretary or such other person as the Board may
appoints for the purpose; and those two directors and the secretary or
other person aforesaid shall sign every instrument to which the seal of
the company is so affixed in their presence.
Relevant Sections of Companies Act, 2013
Section 9: Registration of Memorandum of Association of the Company with
Registrar of Companies, enables the Company to exercise all the functions of as
incorporated company and have a perpetual succession and Common Seal with the
power to acquire, hold and dispose of property, both movable and immovable,
tangible and intangible, to contract and to sue and be sued, by its name.
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Page 10
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Section 12(3)(b): Every company shall have its name engraved in legible characters
on its seal.
Section 22 (1): A bill of exchange, hundi or promissory note shall be deemed to
have been made, accepted, drawn or endorsed on behalf of a company if made,
accepted, drawn, or endorsed in the name of, or on behalf of or on account of, the
company by any person acting under its authority, express or implied.
Section 22 (2): A company may, by writing under its common seal, authorise any
person, either generally or in respect of any specified matters, as its attorney to
execute other deeds on its behalf in any place either in or outside India.
Section 22 (3): A deed signed by such an attorney on behalf of the company and
under his seal shall bind the company and have the effect as if it were made under
its common seal.
Section 46(1): A certificate, issued under the common seal of the company,
specifying the shares held by any person, shall be prima facie evidence of the title of
the person to such shares.
Rule 5(3) of Companies (Share Capital and Debentures) Rules, 2014 regulates:
“Every share certificate shall be issued under the seal of the company, which shall
be affixed in the presence of, and signed by-
(i) Two directors duly authorized by the Board of Directors of the company for the
purpose or the committee of the Board, if so authorized by the Board’; and
(ii) The secretary or any other person authorised by the Board for the purpose.
Section 105: The instrument appointing a Proxy shall
(a) Be in writing; and
(b) Be signed by the appointer or his attorney duly authorised in writing or, if the
appointer is a body corporate, be under its seal or be signed by an officer or an
attorney duly authorised by it.
Section 223: The report of any inspector shall be authenticated either
(a) By the seal of the company whose affairs have been investigated; or
(b) By a certificate of a public officer having the custody of the report, as provided
under section 76 of the Indian Evidence Act, 1872 (1 of 1872), and such report
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Page 11
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
shall be admissible in any legal proceeding as evidence in relation to any
matter contained in the report.
Section 290: The liquidator has been granted a power to use the common seal of
the company wherever necessary in case of winding up of the Company.
Summary: Documents on which common seal is mandatory:
A certificate of shares or stock;
A power of attorney for execution of deeds;
A power of attorney authorizing a person to use its official seal at a place outside
India;
An instrument of proxy executed by a body corporate;
A report of the Inspector under Section 223 of the Companies Act 2013;
Any document as required by Liquidator in the event of winding up.
Every company should maintain a register containing particulars of documents on
which the official seal of the company has been affixed.
Company Stamp
Keep 2 rubber stamps – one in the name of the company (Generally Round Stamp
with Company Name and Place of office i.e. City) and the other one in the name of
company director (Generally Rectangle Stamp with Company Name and space for
signature thereafter Director or Authorised Signatory).
Company stamp is required to be affixed at every document which is signed on
behalf of Company. It mandatorily need to be affixed while applying for PAN / TAN /
other registration as well as while opening a bank account.
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Page 12
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Display registered address with other details
As per section 12(3) of Companies Act, 2013, every private limited company is
required to:
Paint or affix its name and the address of its registered office and keep the
same pained or affixed, on the outside of every office or place in which its
business is carried on, in a conspicuous manner, in legible letters, and of the
characters employed therefore are those of the language or of one of the
language in general use in that locality, also in the characters of that language
or of one of those languages;
Have its name engraved in legible characters on its seal;
Get its name, address of its registered office and the corporate identity
number along with telephone number, fax number, if any, email and website
address, if any, printed in all its business letters, bill-heads, letter papers and
in all its notices and other official publications.
Every private limited company is required to comply with this provision. On failure to
do so penalty of Rs. 1000 per day shall be imposed on the defaulting company and
on every office in default for every day during which such default continues up to a
maximum limit of Rs. 100000.
Permanent Account Number (PAN):
PAN is a mandatory document required for almost every registration including but
not limited to getting a Bank account opened, VAT / CST, Service Tax, Shop and
Establishment registration, TAN registration etc.
PAN is required for opening an account [other than a time-deposit and a Basic
Savings Bank Deposit Account] with a banking company or a cooperative bank to
which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or
banking institution referred to in section 51 of that Act)
-----------------------------------------------------------------------------------
Page 13
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Bank Account Opening:
Persons other than Individual or Proprietorship entities are required to get a Current
Account opened with a Bank. Cash payments beyond certain limits are disallowed in
Income Tax and hence getting a Bank Account opened is one of the mandatory
requirements for any business entity. A company should get a current account
opened within 30 days after getting company incorporation.
Shop and Establishment Act Registration
Although Shop and Establishment Act registration requirement is a state subject and
the conditions for need to Registration varies from State to State and the conditions
mentioned below are in respect of Delhi, the conditions don’t vary too much.
What is an Establishment: Includes a shop, commercial establishment, residential
hotel, restaurant, eating house, theatre, or other place of public amusement or
entertainment to which this Act applies and includes such other establishment as the
State Government may, by notification in the Official Gazette, declare to be an
establishment for the purposes of this Act.
What is a Shop: Shop means any premises:
• Where goods are sold, either by retail, wholesale, or
• Where services are rendered to customers.
• It includes an office a store-room, godown, warehouse or work place, whether in
the same premises or otherwise, used in connection with such trade / business
Statutory Activities
-----------------------------------------------------------------------------------
Page 14
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
A shop does not include a factory, a commercial establishment, residential hotel,
restaurant, eating house, theatre or other place of public amusement or
entertainment;
Registration of Shops & Establishments: As a business owner of a shop or
establishment, you are compulsorily required to get the same registered under the
Shops and Establishment Act by submitting an application in the prescribed form to
the Inspector of the area within 30 days of starting any work in your shop /
establishment.
Tax Deduction and Collection Account Number (TAN)
The ten digit alpha numeric number is mandatory for people responsible for
deducting tax at source or collecting tax on behalf of Income Tax Department.
Section 203A of the Income-tax Act has made it compulsory to quote TAN in TDS /
TCS return (including electronic media), TDS / TCS payment challan as well as TDS
/ TCS certificates. TDS/TCS returns are not received if one fails to mention TAN.
Banks too deny challans for TDS / TCS payments if TAN is not quoted. Penalty for
failure to apply or quote TAN in the specified documents is Rs.10,000/-.
TAN is allotted by the Income Tax Department on the basis of the application
submitted to Tax Information Network or TIN Facilitation Centres. The TIN
Facilitation Centres are managed by National Securities Depository Limited (NSDL).
TAN Application is to be submitted in Form 49B at any of TIN Facilitation Centres
set-up for receipt of e-TDS return. No document is required to be filed along with the
application. One has to pay the processing fee of Rs. 50 plus service taxes as
applicable for TAN. One can also opt for online application via the website
http://tin.nsdl.com. In online application, the acknowledgement generated after filing
up the form is required to be forwarded to NSDL. TAN can be used for all type of
deductions like salary, interest, dividend etc. The same number can be used for all
returns, challans and certificates.
-----------------------------------------------------------------------------------
Page 15
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
Statutory Auditor’s Appointment
Section 139(6) of the Companies Act, 2013 requires a private limited company to
appoint its first auditor in its board meeting by the board of directors within 30 days
from the date of incorporation.
If board of directors failed to do so then they shall inform to the members or
shareholders of the company and members are required to appoint company auditor
within 90 days at an extra ordinary general meeting.
After such appointment, the company auditor has to hold office from the date of
incorporation to the completion of first annual general meeting
Time limit is the most important factor in appointing company auditor. A private
limited company can appoint a chartered accountant who is in whole time practice as
company auditor and file e-Form ADT1 within 15 days from the date of appointment
with registrar of company.
Disclosure of director’s interest in form MGT14
As per section 184(1) of Companies Act, 2013, present and new directors are
required to disclose their concern or interest to companies and there after the
company has to file form MGT14 with the registrar of companies.
Allotment of share capital and issue of share certificate to subscribers of MOA
As per section 56(4) (a) of Companies Act, 2013, every company is required to allot
and deliver share certificates to all subscribers to the memorandum of association
within 2 months from the date of incorporation.
To comply with above requirements a private limited company after incorporation
has to first open a bank account. Subscribers to the memorandum of association are
-----------------------------------------------------------------------------------
Page 16
VALUE ADDED PROFESSIONAL SERVICES LLP
Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301
required to deposit subscription money of shares as agreed to be taken from their
respective bank account to company’s bank account either through a cheque or net
banking.
In failure to do so company shall be punishable with fine to the extent of Rs. 5000 up
to a maximum limit of Rs.25000 and every officer in default shall be punishable with
fine which shall not be less than Rs. 10000 but which may extend to Rs. 100000.
File e-Form INC21 – Declaration of Director after getting COI (Provision
removed w.e.f 29th
May 2015)
A Private limited company having share capital cannot consider the date of
incorporation as date of commencement of business. As per section 11 of
Companies act 2013, all private and public limited companies having share capital
are required to file declaration in Form INC21 for commencement of business with
Registrar of Companies before commencing business or exercise of borrowing
power. In failure to do so, registrar of companies may remove name from the
Registrar.

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Compliance for Newly Incorporated Company

  • 1. ----------------------------------------------------------------------------------- Page 1 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Compliances of a Newly Incorporated Company
  • 2. ----------------------------------------------------------------------------------- Page 2 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Company Incorporation Common Seal and Company Stamp Company Stationery and Name / details Display PAN Number Bank Account Shop and Establishment Act Registration TAN allotment Statutory Auditors' Appointment Allotment of Securities Disclosure of Director's interest e- Form MGT 14 Non Statutory Activities Statutory Activities
  • 3. ----------------------------------------------------------------------------------- Page 3 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Before we go to these activities, let us understand what constitutes an Incorporation of a Company What Constitutes Incorporation of Company Once all the Forms are duly approved by RoC, the digitally signed “Certificate of Incorporation” is emailed to the Directors. As part of the Green Initiative by the MCA (Ministry of Corporate Affairs), few Certificates including “Certificate of Incorporation” are now issued only in the electronic format i.e. softcopy (having digital signature of RoC Registrar). Once the Incorporation Certificate is received, Company can start its operations. How to validate a Digital Signature on the Incorporation Certificate? The Certificate of Incorporation (CoI) received in the .pdf (which opens in “Adobe Reader”) format, may display “Validity Unknown” for the Digital Signature. Please follow the steps mentioned here. Please note that the version of Adobe Acrobat reader should be 9 or higher. Non Statutory Activities Click on the Digital Signature
  • 4. ----------------------------------------------------------------------------------- Page 4 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Click the “Signature properties” button Click “Show certificate”
  • 5. ----------------------------------------------------------------------------------- Page 5 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Click the “TRUST” tab Click the “Add Trusted Identities” button
  • 6. ----------------------------------------------------------------------------------- Page 6 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Click “OK” Tick Mark “Certified documents”
  • 7. ----------------------------------------------------------------------------------- Page 7 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Click “OK” Click “Validate Signature”
  • 8. ----------------------------------------------------------------------------------- Page 8 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Signature will turn Valid as above
  • 9. ----------------------------------------------------------------------------------- Page 9 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Common Seal and Company Stamp Common Seal Company being an artificial person does not have a physical presence therefore it acts through its Board of Directors for carrying out its activities and for entering into various agreements. The Company uses Common Seal as its Signature. Common Seal means, the metallic seal of a company which can be affixed only with the approval of the Board of Directors of the Company. It is the signature of the company to any document on which it is affixed and binds the company for all obligations undertaken in the document. Affixing of Common Seal under the Act: Articles of Association of a Company Limited by Shares specifies: Article 2 (ii) of Table F - every certificate shall be issued under the seal of the Company. 79 (i) & (ii) of Table F and 30 (i) & (ii) of Table H (i) The Board shall provide for the safe custody of the seal. (ii) The seal of the company shall not be affixed to any instrument except by the authority of a resolution of the Board or of a committee of the Board authorised by it in that behalf, and except in the presence of at least two directors and of the secretary or such other person as the Board may appoints for the purpose; and those two directors and the secretary or other person aforesaid shall sign every instrument to which the seal of the company is so affixed in their presence. Relevant Sections of Companies Act, 2013 Section 9: Registration of Memorandum of Association of the Company with Registrar of Companies, enables the Company to exercise all the functions of as incorporated company and have a perpetual succession and Common Seal with the power to acquire, hold and dispose of property, both movable and immovable, tangible and intangible, to contract and to sue and be sued, by its name.
  • 10. ----------------------------------------------------------------------------------- Page 10 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Section 12(3)(b): Every company shall have its name engraved in legible characters on its seal. Section 22 (1): A bill of exchange, hundi or promissory note shall be deemed to have been made, accepted, drawn or endorsed on behalf of a company if made, accepted, drawn, or endorsed in the name of, or on behalf of or on account of, the company by any person acting under its authority, express or implied. Section 22 (2): A company may, by writing under its common seal, authorise any person, either generally or in respect of any specified matters, as its attorney to execute other deeds on its behalf in any place either in or outside India. Section 22 (3): A deed signed by such an attorney on behalf of the company and under his seal shall bind the company and have the effect as if it were made under its common seal. Section 46(1): A certificate, issued under the common seal of the company, specifying the shares held by any person, shall be prima facie evidence of the title of the person to such shares. Rule 5(3) of Companies (Share Capital and Debentures) Rules, 2014 regulates: “Every share certificate shall be issued under the seal of the company, which shall be affixed in the presence of, and signed by- (i) Two directors duly authorized by the Board of Directors of the company for the purpose or the committee of the Board, if so authorized by the Board’; and (ii) The secretary or any other person authorised by the Board for the purpose. Section 105: The instrument appointing a Proxy shall (a) Be in writing; and (b) Be signed by the appointer or his attorney duly authorised in writing or, if the appointer is a body corporate, be under its seal or be signed by an officer or an attorney duly authorised by it. Section 223: The report of any inspector shall be authenticated either (a) By the seal of the company whose affairs have been investigated; or (b) By a certificate of a public officer having the custody of the report, as provided under section 76 of the Indian Evidence Act, 1872 (1 of 1872), and such report
  • 11. ----------------------------------------------------------------------------------- Page 11 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 shall be admissible in any legal proceeding as evidence in relation to any matter contained in the report. Section 290: The liquidator has been granted a power to use the common seal of the company wherever necessary in case of winding up of the Company. Summary: Documents on which common seal is mandatory: A certificate of shares or stock; A power of attorney for execution of deeds; A power of attorney authorizing a person to use its official seal at a place outside India; An instrument of proxy executed by a body corporate; A report of the Inspector under Section 223 of the Companies Act 2013; Any document as required by Liquidator in the event of winding up. Every company should maintain a register containing particulars of documents on which the official seal of the company has been affixed. Company Stamp Keep 2 rubber stamps – one in the name of the company (Generally Round Stamp with Company Name and Place of office i.e. City) and the other one in the name of company director (Generally Rectangle Stamp with Company Name and space for signature thereafter Director or Authorised Signatory). Company stamp is required to be affixed at every document which is signed on behalf of Company. It mandatorily need to be affixed while applying for PAN / TAN / other registration as well as while opening a bank account.
  • 12. ----------------------------------------------------------------------------------- Page 12 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Display registered address with other details As per section 12(3) of Companies Act, 2013, every private limited company is required to: Paint or affix its name and the address of its registered office and keep the same pained or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous manner, in legible letters, and of the characters employed therefore are those of the language or of one of the language in general use in that locality, also in the characters of that language or of one of those languages; Have its name engraved in legible characters on its seal; Get its name, address of its registered office and the corporate identity number along with telephone number, fax number, if any, email and website address, if any, printed in all its business letters, bill-heads, letter papers and in all its notices and other official publications. Every private limited company is required to comply with this provision. On failure to do so penalty of Rs. 1000 per day shall be imposed on the defaulting company and on every office in default for every day during which such default continues up to a maximum limit of Rs. 100000. Permanent Account Number (PAN): PAN is a mandatory document required for almost every registration including but not limited to getting a Bank account opened, VAT / CST, Service Tax, Shop and Establishment registration, TAN registration etc. PAN is required for opening an account [other than a time-deposit and a Basic Savings Bank Deposit Account] with a banking company or a cooperative bank to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act)
  • 13. ----------------------------------------------------------------------------------- Page 13 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Bank Account Opening: Persons other than Individual or Proprietorship entities are required to get a Current Account opened with a Bank. Cash payments beyond certain limits are disallowed in Income Tax and hence getting a Bank Account opened is one of the mandatory requirements for any business entity. A company should get a current account opened within 30 days after getting company incorporation. Shop and Establishment Act Registration Although Shop and Establishment Act registration requirement is a state subject and the conditions for need to Registration varies from State to State and the conditions mentioned below are in respect of Delhi, the conditions don’t vary too much. What is an Establishment: Includes a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this Act applies and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act. What is a Shop: Shop means any premises: • Where goods are sold, either by retail, wholesale, or • Where services are rendered to customers. • It includes an office a store-room, godown, warehouse or work place, whether in the same premises or otherwise, used in connection with such trade / business Statutory Activities
  • 14. ----------------------------------------------------------------------------------- Page 14 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 A shop does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; Registration of Shops & Establishments: As a business owner of a shop or establishment, you are compulsorily required to get the same registered under the Shops and Establishment Act by submitting an application in the prescribed form to the Inspector of the area within 30 days of starting any work in your shop / establishment. Tax Deduction and Collection Account Number (TAN) The ten digit alpha numeric number is mandatory for people responsible for deducting tax at source or collecting tax on behalf of Income Tax Department. Section 203A of the Income-tax Act has made it compulsory to quote TAN in TDS / TCS return (including electronic media), TDS / TCS payment challan as well as TDS / TCS certificates. TDS/TCS returns are not received if one fails to mention TAN. Banks too deny challans for TDS / TCS payments if TAN is not quoted. Penalty for failure to apply or quote TAN in the specified documents is Rs.10,000/-. TAN is allotted by the Income Tax Department on the basis of the application submitted to Tax Information Network or TIN Facilitation Centres. The TIN Facilitation Centres are managed by National Securities Depository Limited (NSDL). TAN Application is to be submitted in Form 49B at any of TIN Facilitation Centres set-up for receipt of e-TDS return. No document is required to be filed along with the application. One has to pay the processing fee of Rs. 50 plus service taxes as applicable for TAN. One can also opt for online application via the website http://tin.nsdl.com. In online application, the acknowledgement generated after filing up the form is required to be forwarded to NSDL. TAN can be used for all type of deductions like salary, interest, dividend etc. The same number can be used for all returns, challans and certificates.
  • 15. ----------------------------------------------------------------------------------- Page 15 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 Statutory Auditor’s Appointment Section 139(6) of the Companies Act, 2013 requires a private limited company to appoint its first auditor in its board meeting by the board of directors within 30 days from the date of incorporation. If board of directors failed to do so then they shall inform to the members or shareholders of the company and members are required to appoint company auditor within 90 days at an extra ordinary general meeting. After such appointment, the company auditor has to hold office from the date of incorporation to the completion of first annual general meeting Time limit is the most important factor in appointing company auditor. A private limited company can appoint a chartered accountant who is in whole time practice as company auditor and file e-Form ADT1 within 15 days from the date of appointment with registrar of company. Disclosure of director’s interest in form MGT14 As per section 184(1) of Companies Act, 2013, present and new directors are required to disclose their concern or interest to companies and there after the company has to file form MGT14 with the registrar of companies. Allotment of share capital and issue of share certificate to subscribers of MOA As per section 56(4) (a) of Companies Act, 2013, every company is required to allot and deliver share certificates to all subscribers to the memorandum of association within 2 months from the date of incorporation. To comply with above requirements a private limited company after incorporation has to first open a bank account. Subscribers to the memorandum of association are
  • 16. ----------------------------------------------------------------------------------- Page 16 VALUE ADDED PROFESSIONAL SERVICES LLP Corp Office: 404 I, 4th Floor, Devika Towers I Chander Nagar I Ghaziabad, U.P. -201011, Telephone: +91 120 4264301 required to deposit subscription money of shares as agreed to be taken from their respective bank account to company’s bank account either through a cheque or net banking. In failure to do so company shall be punishable with fine to the extent of Rs. 5000 up to a maximum limit of Rs.25000 and every officer in default shall be punishable with fine which shall not be less than Rs. 10000 but which may extend to Rs. 100000. File e-Form INC21 – Declaration of Director after getting COI (Provision removed w.e.f 29th May 2015) A Private limited company having share capital cannot consider the date of incorporation as date of commencement of business. As per section 11 of Companies act 2013, all private and public limited companies having share capital are required to file declaration in Form INC21 for commencement of business with Registrar of Companies before commencing business or exercise of borrowing power. In failure to do so, registrar of companies may remove name from the Registrar.