KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant firm .It includes Company Secretary , MBA s, Taxation Lawyers and Chartered Accountant. We are an international law firm . We provide various services legal to finance.
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KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant firm .It includes Company Secretary , MBA s, Taxation Lawyers and Chartered Accountant. We are an international law firm . We provide various services legal to finance.
we provide the formation, Promotion ,Incorporation ,management and post-incorporation compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore companies.
Procedure to registration a pvt as per companies act 2013Khanna Asssociates
KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant firm .It includes Company Secretary , MBA s, Taxation Lawyers and Chartered Accountant. We are an international law firm . We provide various services legal to finance.
we provide the formation, Promotion ,Incorporation ,management and post-incorporation compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore companies.
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Company Registration Process, Procedure to Register a Private limited company in India, how to register a private limited company step up step company registration process
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Company registration has always been a major hassle for people who are looking to start-up their own business in India.With so many procedures, it has always been a lengthy task with not much an ease to complete the process. The newly introduced INC-29, a five-in-one form introduced by Ministry of Corporate affairs (MCA) in May 2015 has come a long way in improving this scenario. This presentation guides you through all the procedures one needs to go till one is officially ready to set up a small business and the relevant documents required for the same.
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DIR-3 KYC (DO YOU HAVE A DIN? THEN UPDATE YOUR DETAILS WITH MCA!!) CS SAVEESH K.V, COMPANY SECRETARY IN CALICUT FOR CORPORATE SOLUTIONS WORLD AHEAD
Business licenses are primarily issued by the government to allow individuals to run businesses. It is important to note that a license which has to be issued will be based on the business requirements of a company after its registration or incorporation. However, there are various other factors which may also determine the type of license which has to be issued such as the type of business ownership, business location and number of employees among others.
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Company Registration Process, Procedure to Register a Private limited company in India, how to register a private limited company step up step company registration process
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Company registration has always been a major hassle for people who are looking to start-up their own business in India.With so many procedures, it has always been a lengthy task with not much an ease to complete the process. The newly introduced INC-29, a five-in-one form introduced by Ministry of Corporate affairs (MCA) in May 2015 has come a long way in improving this scenario. This presentation guides you through all the procedures one needs to go till one is officially ready to set up a small business and the relevant documents required for the same.
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The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
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Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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One person comapany formation in jaipur/india as per companies act 2013-Khanna & Associates
1. One person comapany formation in jaipur/india as per companies
act 2013-Khanna & Associates
All you Need to Know
KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant
firm .It includes Company Secretary , MBA s, Taxation Lawyers and Chartered
Accountant. We are an international law firm . We provide various services legal to
finance.
we provide the formation, Promotion ,Incorporation ,management and post-incorporation
compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore
companies.
INC-29 Company Registration Process in India:
Company registration is broadly a three-stage process with the new INC-29 form. If you follow
the correct method and waste no time, you could have the incorporation certificate within 14
working days. But always be prepared for a longer wait, particularly if the Registrar of
Companies (RoC) has a heavy workload at the time or your proposed company’s name is
rejected on first attempt. A detailed explanation of the procedure now follows, along with
expected timelines and charges involved. We’ve also answered FAQs and suggested best
practices for your application; however, if you still have questions, do leave a comment and
we’ll get back to you as soon as we can.
1. Obtaining Digital Signature Certificate (DSC)
Time to Complete: 2 to 4 days
Cost: Rs. 1500
As a company incorporation is now done online, one of your company’s directors’ signatures
will be needed on all the electronic documents. To make this possible, he/she would need a
Class-II Digital Signature Certificate (DSC). This is available from a vendor of any one of the
six Certifying Authorities appointed by the Ministry Of Corporate Affairs , including Tata
Consultancy Services, nCode and e-Mudhra. The rates of their vendors could differ vastly.
Charges would include the cost of the physical USB token on which the certificate is stored.
What you need to submit:
1. Hard copy of completed Class-II form
2. Identity Proof: Copy of PAN card or, in case of foreign national, copy of Passport
2. 3. Address Proof: Copy of (any one) Passport/Election/Voter ID/Ration Card/Driver’s
License/Utilities Bill/AADHAR Card. If the Utilities Bill (Gas/Telephone) is submitted, it
should be in the name of the Applicant and no older than two months from the filing of the form
(12 months, in case of foreign national)
Note: Do note that resident Indians should self-attest their documents. NRIs and foreign
nationals would need to have their documents notarised if they live in a non-Commonwealth
country or apostilled if they live in a Commonwealth country.
Common Reasons for Rejection of DSC
The following minor mistakes can cause a delay in your application:
Abbreviating names: Do not abbreviate directors’ names, regardless of what is mentioned in the
ID/Address proof
Spelling mistakes: Errors in the name are completely unacceptable
Old bills: Always provide the latest utilities bill. Also, it needs to be in the applicant’s name
Prefixes: Do not prefix Mr./Mrs/Shri., etc
2. Search for Company Name Availability
Time to Complete: 1 to 2 days (simultaneous with DSC application)
You don’t need to wait for the DSC to begin this process. In fact, given how tricky it can be, it’s
best that you start it as soon as you apply for DSC. The reasons are that the INC-29 only allows
you to propose one company name and the MCA is very picky about the ones it approves. So the
name you’ve hoped to get for your company. Here is where you can find out all the guideline for
naming of company.
3. Drafting of MoA & AoA
Time to Complete: 2 days
Once the name is approved, the MCA requires further definition of the proposed company. These
will be provided through the Memorandum of Association (MoA) and Articles of Association
(AoA), which can be drafted by a CS or lawyer. Both need to be self-attested.
4. Getting Documents in Order
Time to Complete: 2 days
3. The INC-29 that we’ll talk about in the next step is an 8-page form. Along with it, you’ll need to
submit several documents. As it can take up to 10 for approval and resubmission is allowed only
once, it’s worth taking two days to get all the documents in order. Here are all the documents and
information you need ready:
a. DIN Application: Up to three directors may apply for the Director Information Number
(DIN). To apply, you need a scanned copy of a Passport-sized photograph, the PAN card
(Passport in case of foreign national), soft copy of Driver’s License/Voter ID/Latest Utilities
Bill. Indian nationals would have to self-attest these documents. Foreign nationals residing in
commonwealth countries would need them apostilled, while those in commonwealth nations can
have them notarised. If your company has more than 3 directors without DINs, you would need
to provide their details and apply for DINs separately (DSCs would also be required).
b. Name Approval: You need to have settled on a name for your company and describe its
significance and main objects in a single line.
c. MoA & AoA: Memorandum and Articles of Association, which would also contain the main
objects of your business. To the MoA, you would need to attach an affidavit from all subscribers
in Form INC-9.
d. Registered Office Verification: As part of the filing, you will need to provide details about
the registered office address. For this, you would need to provide a copy of the latest utility bill
for the office address, a copy of the Rental Agreement along with an NoC from the owner (if
rented property) and sale deed (if property is owned). Go here for the full list of documents
required for company registration.
e. Appointment Letters and Declarations: Letters of appointment of directors, CEO,
managers, declaration by first director in INC-9, and declararion by appointee director and
managing director in Form DIR-2. All of these would need to be self-attested. A Company
Secretary would also need to give a declaration toward the proposed company verifying the
authenticity of the declarations.
5. Filing of INC-29
Time to Complete: 1 day
Cost: Rs. 2,000 + authorised capital fee + stamp duty
The form needs to be filed very carefully because you only get one opportunity to res umbit it.
So let’s say your form is found to have five errors by the RoC, but you only correct three of
them, the RoC will reject your form and you would have to pay the filing fees again and go
through immense trouble to get a refund on the government fees and the stamp duty. This is why
you have to ensure your documents are in order.
Once you file the form RoC fees and stamp duty will need to be paid electronically. RoC fees
change according to authorised acapital and the stamp duty varies by location. In certain states,
4. such as Punjab and Kerala, it is costlier than in others. You can calculate the fees to be paid on
the MCA website .
6. Verification by RoC & Issue of Certificate of
Incorporation
Time to Complete: 2 to 8 working days
Cost: n/a
The RoC will verify the documents. If any changes are needed, you will be notified of the
required changes. If it’s all clear, you shall receive the certificate of incorporation within seven
to eight working days. It will be e-mailed to the directors. The MCA now only issues digital
certificates. You can print out the incorporation certificate if you wish.
7. Obtaining PAN and TAN
Time to Complete: 21 working days
The Income Tax Act, 1961, requires each company to quote a registered Permanent Account
Number and Tax Account Number.
The procedure is as follows:
1. Go to the NSDL website and fill in the application for PAN and TAN. 2. On payment, you
will receive an acknowledgement letter for each.
3. Make two copies of the Certificate of Incorporation.
4. Put the company seal (rubber stamp) and the signature of the director who will be operating
the bank account on each document.
5. Courier the documents and acknowledgement slips for PAN and TAN separately.
6. You should receive hard copies of both within 21 days at the registered office.
Company services include:
Ø Advice, formation and management of companies
Ø Readymade companies
Ø Registered office provision
Ø Annual compliances
Ø Provision of directors and nominee shareholders where required
5. Ø Accountancy, tax compliance and bookkeeping
Ø Company secretary
Ø Provision of a registered office where required
Ø Bank account services
Ø Trade and treasury services
Ø Payroll and outsourcing services
Ø Virtual office packages
KHANNA & ASSOCIATES is a full service Law Firm handling all legal matters on
Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects
in law, in all courts as well as Tribunals. An individualized service by members with
decades of experience ensures total satisfaction to the clients.
Contact Us:
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IN-+91-946160007
US-+1-80151-20200
· info@khannaandassociates.com
· cafirm.khannaandassociates@gmail.com
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How to Formation/Incorporation Private/Public Limited Company in jaipur/india as per
Companies act 2013-Khanna & Associates
KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant firm .It
includes Company Secretary , MBA s, Taxation Lawyers and Chartered Accountant. We are an
international law firm . We provide various services legal to finance and Corporate .
KHANNA & ASSOCIATES is a full service Law/CA/CS Firm handling all legal and
corporate matters on Civil,Criminal, Business,Promotion,Registration,Formation,Start up,
Establishment Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all
10. courts as well as Tribunals. An individualized service by members with decades of experience
ensures total satisfaction to the clients.
New Simplified Process of Incorporation of Company
The first thing to take care of under the new Companies Act, 2013 is to follow a changed
procedure for giving birth to a Company. Applicable Sections governing INC-29: 4, 7, 12, 152
and153 of the Companies Act, 2013 along with relevant rules .The Government of India has
notified on1stMay 2015, a new system of incorporation of Private or Public limited company. It
has introduced easy method of incorporating a company without waiting for making name
application for reservation of name by the Registrar of Companies (RoC).
Various methods of forming a Private Limited Company:
A: There are three methods Section 3(1) (a,b,c) in which a Private Limited Company could be
formed
ü A Company limited by shares; or
ü A Company limited by guarantee; or
ü An Unlimited company.
Step Wise Formalities for Formation of A New Company:
Persons desirous of forming a company must adhere to the step by step procedure as discussed
below:—
1. . Selection of type of the company.
2. Selection of name for the proposed company.
3. Apply for Directors Identification Number and Digital Signatures, if does not have
4. Drafting of Memorandum and Articles of Association.
5. Stamping, digitally signing and e-filing of various documents with the Registrar.
6. Payment of Fees.
7. Obtaining Certificate of Incorporation.
8. Obtaining Certificate of Commencement of business (in case of public limited
Companies).
11. PRE INCORPORATION:
ü At Least 2 Promoters: Promoters who will promote/ incorporate the company. Promoters may
be individual or body corporate.
ü At Least 2 Directors: Directors should be individual only. No Body corporate/ HUF or
Partnership Firm can be appointed as Directors.
ü Generally, in most of the cases, Promoters and Directors are the same in Private Limited
Companies.
ü Directors must have DIN (Directors Identification Number)- Process Given Below:
ü One of such two directors must have DIGITAL SIGNATURE who can apply with any of DSC
Vender i.e. E Mudra/ Siffy/ TCS etc.
After this Process:Process for Name Approval
ü The promoters should apply for the name of the company to be approved with the concerned
ROC of the State where the company has to be formed in E Form- INC- 1 by payment of Rs.
1000 through Credit Card or Net Banking.
ü One of the Promoters should fill up e-form INC-1, digitally sign by Promoter and Professional
and then upload the e-Form on the MCA21 Portal. Before doing so, the following three points
have to be complied with:
o a. All the Promoters should have their DIN No.
o b. Atleast one Promoter should have the DSC. (Class 2 Digital Signature)
o c. The proposed names selected should fall in guidelines prescribed.
ü Info. Require to give in form INC-1 (Describing the Capital of Company, Main Objects, State
In Which The Company is to be Incorporated and to Affix the Digital of Applicant.
ü The reservation by the Registrar of name applied for is valid for 60 days from the date of
application. Hence if a company is proposed to be registered with the said name referred to
above, the promoters shall produce the documents to the Registrar for registration with in a
period of 60 days from the date of application for name. If Promoters fail to file all the relevant
form for incorporation within 60 days, then name will not be Available for you, Promoter have to
file form INC-1 again for approval of Name.
It is possible now by filing e-form INC-29 (single form) with the Registrar of Companies, within
whose jurisdiction the registered office of the company is proposed to be situated. In this article,
we would like to provide a guide for the Key Points and the attachments to forms for this new
system and the complete procedure.
12. Key points of new form INC-29:
1. No need to apply for DIN of 2’nd director
2. Particulars of maximum three directors can be filed
III. No need to apply for name application (filing of INC-1) separately
1. The promoter or applicant can propose only one name hence name search of proposed
name shall be taken very carefully on MCA site and trade mark site, to avoid rejection or
re-submission of e-form.
2. Only one chance will be given for re- submission of form no.5.
3. need to file forms 7 (incorporation), DIR-12 (appointment of first directors of proposed
company) and INC-22 situation of registered office of company.
VII. In case Directors/Shareholders have DIN, then no need to attach separate address
proof/ID proof.
VIII. Re-submission requires changes in affidavit or declaration including MoA/AoA, hence
applicant or promoter should take utmost care.
1. .The form shall be scrutinized by the Registrar of Companies and will not be approved
through Straight Through Process (i.e. STP).
2. The facility to file INC-29 is optional.One can follow the procedure of application for
DIN, DSC, name application (INC-1) and INC-7,DIR-12 and INC-22.7.
3. The Certificate of incorporation shallbe issued in INC-11.
XII. Facility for using ‘integrated form’ isnot available for incorporating Section 8
companies.
Attachments to e-form INC-29:
1. Memorandum of Association
2. .Articles of Association
III. .Affidavit and declaration by first subscriber(s) and director(s)
1. Proof of office address1.Copies of utility bills that are not older than two months.
2. Approval of the owner of the trademark or the applicant of such trademark for
registration of Trademark (If the proposed name is based on a registered trademark or is
subject matter of an application pending for registration under the Trade Marks Act)
3. .Proof of relation ofthe relative with promoter (If the name of the proposed company
includesthe name of relative(s) of the promoter)
VII. NOC from the sole proprietor/ partners/other associates/ existing company (If the
promoters are carrying on any Partnership firm, sole proprietary or unregistered entity in the
name as applied for)
13. VIII. NOC from any other person (In case the proposedname contains name of any person
other than the promoter(s) or their close blood relative(s)
1. Copy of certificate of incorporation ofthe foreign body corporate and resolution passed
(If any subscriber to the proposed company is Foreign company and/or company
incorporated outside India)
2. Note: It is optionalto attach Copy of certificate of incorporation, in case the subscriber to
the proposed company is a Body Corporate.1.Resolution passedby promoter of company
if any subscriber to the proposed company is a Company itself.
3. A certified true copy of No objection certificate by way of board resolution (In casethe
name is similar to any existing company, then it is mandatory to attach)
XII. Interest of first director(s) in entities (In case any of the director has any interest inthe
proposed company)
In case of an OPC, itis mandatory to attach following:
ü Consent of nominee
ü Proof of identity and residential address of the nominee
ü Proof of identity and residential address of the subscribers if any one of the subscriber does
not have a DIN1
ü Proof of identity and residential address of such director if any one of the director (including
subscriber cum director) does not have DIN, then it is mandatory to attach proof of ID and
address proof of such director constitute legal advice or legal opinions.
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