1. After incorporation, a company must apply for a Permanent Account Number and hold its first board meeting to address various matters.
2. For non-resident investors, remittance of subscription amounts must be routed through an authorized dealer bank and reported to the RBI within 30 days with documents like an inward remittance certificate.
3. The company must allot shares to promoters through a board resolution within 180 days of receiving funds and report the allotment to RBI within 30 more days. Compliance with foreign exchange regulations is important for future capital transactions.
FEMA Regulations for Incorporation of WOS/JV/ Step-down Subsidiary outside IndiaDVSResearchFoundatio
Key Takeaways:
Acquisition of JV/WOS by Indian parties
Approvals required for investment in JV/WOS by Indian parties
Understanding step-down subsidiary
Setting up step-down subsidiary outside India and reporting procedures involved
Key Takeaways:
Methods of funding for investmenr in overseas JV/WOS
Capitalization of export proceeds
Investment in equity of companies registered overseas/rated debt instruments
Acquisition of foreign company through bidding or tender procedure
FEMA Regulations for Incorporation of WOS/JV/ Step-down Subsidiary outside IndiaDVSResearchFoundatio
Key Takeaways:
Acquisition of JV/WOS by Indian parties
Approvals required for investment in JV/WOS by Indian parties
Understanding step-down subsidiary
Setting up step-down subsidiary outside India and reporting procedures involved
Key Takeaways:
Methods of funding for investmenr in overseas JV/WOS
Capitalization of export proceeds
Investment in equity of companies registered overseas/rated debt instruments
Acquisition of foreign company through bidding or tender procedure
Objectives & Agenda :
The Regulations under FEMA regulate the Import transactions of Goods, Services and Currencies. In this Webinar we shall understand the Definition of the term 'Import', 'Services' and 'Currencies'. We will also look at various procedures and compliances involved while Importing goods or services or currencies.
Implications and Procedures for NRI Selling Property in India and Remittance ...DVSResearchFoundatio
Key Takeaways
Understanding on:-
• Tax implication on NRI selling property in India
• FEMA implications
• Impact of TDS
• Application for lower or no withholding of TDS
Key Takeaways:
Recent amendment in FDI policy for foreign investment
Ambiguities relating to the amendment
Probable impact of the changes in the policy
Overview of other countries' rule for strategic takeovers
WTO principles and inference
What are the salient features of CFSS, 2020 and LLP Settlement Scheme, 2020?DVSResearchFoundatio
OBJECTIVE
In order to make a fresh start on a clean state, Ministry of Corporate Affairs (MCA) vide circulars issued in March, 2020 has taken certain alleviative measures by introducing the Companies Fresh Start Scheme, 2020. Further, to promote ease of doing business, MCA has given relaxation in additional fees with respect to filing of pending documents with MCA by defaulting LLPs by introducing LLP Settlement Scheme, 2020. These Schemes act as relief to defaulting Companies / LLPs by mitigating their financial burden and giving them an opportunity to make a fresh start. In this webinar, we shall understand the salient features of these Schemes including their objective, applicability and the effect of immunity.
To gain knowledge on various reports and forms prescribed by RBI for transactions undertaken under the ambit of FEMA. In this Webinar we shall look into various reports and forms which are to be submitted by or through Authorised persons/ dealers in specific cases like Foreign investment, Overseas Direct Investment, External Commercial Borrowings.
Objectives & Agenda :
The Regulations under FEMA regulate the Import transactions of Goods, Services and Currencies. In this Webinar we shall understand the Definition of the term 'Import', 'Services' and 'Currencies'. We will also look at various procedures and compliances involved while Importing goods or services or currencies.
Implications and Procedures for NRI Selling Property in India and Remittance ...DVSResearchFoundatio
Key Takeaways
Understanding on:-
• Tax implication on NRI selling property in India
• FEMA implications
• Impact of TDS
• Application for lower or no withholding of TDS
Key Takeaways:
Recent amendment in FDI policy for foreign investment
Ambiguities relating to the amendment
Probable impact of the changes in the policy
Overview of other countries' rule for strategic takeovers
WTO principles and inference
What are the salient features of CFSS, 2020 and LLP Settlement Scheme, 2020?DVSResearchFoundatio
OBJECTIVE
In order to make a fresh start on a clean state, Ministry of Corporate Affairs (MCA) vide circulars issued in March, 2020 has taken certain alleviative measures by introducing the Companies Fresh Start Scheme, 2020. Further, to promote ease of doing business, MCA has given relaxation in additional fees with respect to filing of pending documents with MCA by defaulting LLPs by introducing LLP Settlement Scheme, 2020. These Schemes act as relief to defaulting Companies / LLPs by mitigating their financial burden and giving them an opportunity to make a fresh start. In this webinar, we shall understand the salient features of these Schemes including their objective, applicability and the effect of immunity.
To gain knowledge on various reports and forms prescribed by RBI for transactions undertaken under the ambit of FEMA. In this Webinar we shall look into various reports and forms which are to be submitted by or through Authorised persons/ dealers in specific cases like Foreign investment, Overseas Direct Investment, External Commercial Borrowings.
Enterslice help you to Incorporate NBFC Company in india.we also provide software to manage NBFC Business like NBFC Software,NBFC-ND Compilance,Money Changer Compilance,funding in NBFC and takeover of NBFC.
Key Takeaways:
- What is Single Master Form
- Registration in FIRMS Portal
- Structure of FC-GPR
- Procedures and documents required
- Reason for rejection of form
Foreign Direct Investment (FDI) is one of the most popular route for foreigners to start a company in India. This slide share would explain about FDI in private limited company.
Corporate Updates
RBI
RBI issues Master Directions on Foreign Investments in India
RBI permits overseas branches/subsidiaries of Indian banks to refinance ECBs
GOI announces launch of 7.75% Savings (Taxable) Bonds, 2018 commencing from 10th January 2018 - Government of India has announced to launch of 7.75% Savings (Taxable) Bonds, 2018 commencing from 10th January 2018 to enable resident citizens/HUF to invest in a taxable bond, without any monetary ceiling.
• NRIs are not eligible for making investments in these Bonds.
• The Bonds will be issued at par i.e. at Rs.100.00. The Bonds will be issued for a minimum amount of Rs.1,000/- (face value) and in multiples thereof.
• The Bonds will be issued in demat form (Bond Ledger Account) only.
• The Bonds will have a maturity of 7 years carrying interest at 7.75% per annum payable half- yearly.
• The Bonds are not transferable.
MCA
CODS 2018 - Reactivation of DIN is in Process
President Gives Assent to Companies (Amendment) Act, 2017
Insolvency professional to use Registration Number and Registered Address in all his communications.
Insolvency professional not to outsource his responsibilities
Insolvency professional to ensure compliance with applicable laws
Company Website-
www.acquisory.com
Lex Valorem is a corporate consulting services company offering legal and company secretarial services to corporates during their various growth phases.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
1. #7
POST INCORPORATION PROCEDURE
The law was made for one thing alone, for the exploitation of those who don't understand
it. - Bertolt Brecht
We hope the articles in this series help you understand law better. The previous issue saw the
birth of an “entrepreneurial baby”. Nurturing the baby is more crucial than giving birth. This
issue covers the post incorporation procedure and compliances including compliances under
Foreign Exchange Management Act (FEMA) in case of non-resident investment.
1. The basic requirement after the incorporation of a company is applying for a Permanent
Account Number (PAN) as other statutory registrations are linked to it viz. VAT, Professional
Tax, IEC (Import Export Code) etc including opening of a bank account. The procedure for
the same has already been covered in 2nd issue of Entrepreneur’s World
2. The company shall convene its 1st Board Meeting within 30 days from the date of
incorporation broadly to consider the following matters:
- Taking on record the Certificate of Incorporation
- Noting of situation of Registered Office address
- Noting of 1st directors
- Directors’ sitting fees
- Approval of preliminary expenses
- Approval for opening of a Current Account
- Appointment of 1st Statutory Auditors
- Approval of Common Seal
- Approval of draft Share Certificates
- Several other matters
3. After obtaining PAN, the company shall open a Current Account with a bank and the
promoters shall contribute the subscription money to the said account. Alternatively amount
paid towards legal fees for incorporation and other pre-incorporation expenses can be
treated as share subscription amount and shares can be allotted to the promoters against
the said amount. However, it must be supported by proper bills / documents.
4. In case of non-resident investors, the following procedure is involved w.r.t. foreign
remittance of subscription amount:
- Remittance must be routed through an Authorised Dealer (AD) bank via normal banking
channels.
- Once the remittance by way of Foreign Direct Investment (FDI) is received, the AD bank
issues a certificate called Foreign Inward Remittance Certificate (FIRC), which is a proof of
inward remittance to India. It normally contains details like name of the beneficiary, name &
address of remitter, amount of remittance in foreign currency and equivalent rupee amount,
exchange rate applied, purpose of remittance etc.
2. #7
Generally there is confusion about which bank should issue FIRC in case the inward
remittance has come into the beneficiary’s account through more than one bank. In our
practical experience and as per clarifications received from RBI (Reserve Bank of India) as
well as provisions under FEMA, the first bank that receives the inward remittance in
convertible foreign exchange must issue the FIRC since it would have the details of the
overseas remitting bank.
FIRC assumes great importance in respect of remittances received from outside India.
Therefore, it is critical that beneficiaries follow up with the banks and obtain the FIRC
immediately after credit of inward remittance. Particular attention needs to be paid to
“purpose of Foreign Direct Investment” because any wrong mention of this has serious
implications in terms of remittance, usage and accounting of the same.
- After the receipt of FDI, an initial reporting must be made to RBI through AD Bank within
30 days from the date of receipt of money. The following documents shall be submitted as a
part of reporting:
• Annexure 6 [Report by the Indian company receiving amount of consideration for issue
of shares/convertible debentures under the FDI Scheme]
• Annexure 7 [Know Your Customer (KYC) Form in respect of the non-resident investor]
KYC is a document to be prepared by Indian AD through which the FDI has been
received. Information for the same shall be procured from the foreign bank for which the
non-resident investors’ co-operation and support is very critical. It contains the basic
information about non-resident investor viz. name, address, bank account number,
period of banking relationship etc. The Responsibility of obtaining KYC lies with the AD
bank in India.
Though the document looks simple and responsibility lies with bank, there are lots of
practical difficulties while getting KYC. Many banks are ignorant about KYC. Even after
rigorous follow up by the company, many times banks would not be able to get the KYC
in time which results in delayed reporting. Therefore it is advisable to submit atleast
Annexure 6 alongwith FIRC within due date if there is a delay in obtaining KYC.
It would be advisable to explain some of these issues to the non-resident investors right
in the beginning so that they can ensure the timely information through their banks. It
would also help to set the expectation right from both sides.
• FIRC (Foreign Inward Remittance Certificate)
Ref: Section V, 1 (i) of RBI Master Circular No.15/2011-12 dt.1st July, 2011.
5. After receipt of subscription amount, the company shall ensure to allot shares to promoters
through a Board Resolution. It is important to note that equity instruments should be issued
within 180 days from the date of receipt of inward remittance. In case the company is not
3. #7
able to issue the shares within the prescribed limit, the consideration amount should be
refunded immediately to the non-resident investor.
Alternatively and as per our practical experience, the company can request the RBI to
extend the time limit for allotment of shares. Application for time extension should be made
before the expiry of 180 days stating the reason for non-allotment of shares. After verifying
the request, if RBI feels that the reason given for extension is a genuine one, they may
extend the time limit for retention of subscription amount and allotment of shares beyond
180 days.
6. Allotment of shares to non-resident investors again involves a reporting mechanism to
RBI. Within 30 days from the date of allotment of shares to non-resident investor, Form FC-
GPR Part A must be submitted to RBI through the AD Bank alongwith the following
documents:
• Copy of FIRC
• Certificate from the Company Secretary as per Para 9(1)(B)(i) of Schedule 1 of
Notification No. FEMA 20/2000-RB dated May 3, 2000
• Fair Valuation Certificate from the Chartered Accountant.
In terms of Notification No. FEMA 205/2010-RB dated 7th April, 2010 read with AP (DIR)
Circular No.49 dated 4th May, 2010, the fair valuation of shares must be done only as
per Discounted free Cash Flow (DCF) method.
Ref: Section V, 1 (iii) of RBI Master Circular No.15/2011-12 dt.1st July, 2011.
The reporting issue, though seems routine, assumes great importance not only from
compliance perspective but also at the time of repatriation of the capital amount. Non-
compliance with provisions under FEMA have either delayed or made it difficult for non-
resident investors to repatriate the said investments and shut down operations and move
out of the country. The mantra is “Do it right the first time and every time” there is an
inward remittance of capital. The onus is on the company receiving FDI.
To comply with all the regulations, to avoid all the complications arising from contravention of
the provisions of various laws, to save cost as well as time, do seek professional legal
assistance that would enable you to focus more on the business.