FAQ on Private Limited Company Registration in India with Foreign Directors & Members

Can two Foreign Companies form a Company in India?

Yes, representatives of these companies may be appointed as Directors in Indian Company, one of them should be Indian Resident.

Can a Company may be registered without any object?

No, as per Indian laws a Company must have a lawful object at the time of Incorporation.

Is foreign National is required to visit India for registration of Company?

No, Company registration is 100% online process, they just need to send scanned copy of documents required.

Is the Company required to hold Compulsory Board Meeting and if so does foreign national is required to come India for such meetings?

Yes, Company is required to hold 4 Board Meetings during the financial year BUT foreign directors are not required to visit India for attending the meeting. A meeting may be held through video conferessing.

Can registered office may be situated outside India?

No, it must be situated in India Only.

Can a foreign Company register a Wholly Owned Subsidiary Company in India?

Yes, a foreign company may do so but the new company must have a resident Indian Director.

Who is resident in India?

Every Company shall have at least one Director who has stayed in India for a total period of not less than 182 days in the previous calendar year.

Is there is any RBI Compliance required to be done when there is Foreign Capital Inflow in Company?

In Sectors where 100% FDI is allowed under Automatic Route, there is no requirement for RBI Approval but Company is required to make reporting of these transaction to RBI to Authorized Dealer Bank.

What documents are required from Foreign National to get Digital Signature and Director Identification Number ?

Notarized or apostilled Copy (if a Commonwealth country) of Passport in support of address and identity proof along with duly.

#legallyrhymed

Lets Start StartUp with Private Limited Company in India-Khanna & Associates LLP

Lets Start StartUp with Private Limited Company in India

Step by step guide to Formation / Registration / Incorporation ofa Private Limited Company, in India

Defitions:-

“company” means a company incorporated under Companies Act 2013 or under any previous company law.

Company limited by guarantee

“Company limited by guarantee” means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up.

Company limited by shares

“Company limited by shares” means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them.

Minimum requirements for the Private Limited Company:-

Features of Private Limited Company :-

Require 2 Person as Entrepreneur i.e Directors :- shall have at least one director on its board of directors, who has stayed in India for a total period of not less than one hundred and eighty two (182) days in the previous calendar year
Easily Setup and recommend to Growing Startups.
Limited Liability for Members.
More Credibility as Compare to others.
Easily raise funds from Investors.
Minimum 2 Shareholders
The directors and shareholders can be the same person
Minimum Share Capital shall be Rs. 100,000 (INR One Lac)
Application of allotment Director Identification Number (DIN) for all the Directors
DSC (Digital Signature Certificate) for two Directors

Steps Taken for Register a Private Limited Company :-

Step 1. Application for Director Identification Number (DIN) in form DIR-3 & DSC (Digital Signature Certificate).
Step 2. Search for the Company Name availability.
Step 3. Application for the Name availability.
Step 4. Drafting of Memorandum of Association (MOA) & Articles of Association (AOA).
Step 5. Filing of e-forms with RoC (Registrar of Companies).
Step 6. Payment of RoC Fees & Stamp Duty.
Step 7. Verification of documents / forms by RoC
Step 8. Issue of Certificate of Incorporation by RoC

Documents Requirements-

ID Proof and Address Proof for all Directors. as id proof PAN Card is Mandatory.

latest utility bill (electric bill/telephone bill) or latest tax receipt/ownership deep of the property for the property to be used for registered office.

Company Formation FAQ’s

The complete procedure is primarily divided into following 8 Steps.

Step 1. Application for Director Identification Number (DIN) in form DIR-3 & DSC (Digital Signature Certificate)

What is a Director Identification Number (DIN)?

Director Identification Number (DIN) is a unique identification number issued by the Ministry of Corporate Affairs (MCA), for an existing director or a person intending to become a director of a company.

Documents required for DIR-3 Application

In case of Indian National

Identity Proof: Copy of PAN Card (Income Tax Permanent Account Number (PAN) is mandatory in case of Indian National and in such cases applicant details should be as per Income tax PAN)
Address Proof: Copy of Passport or Election/Voter ID or Ration Card or Driving license (address having pin code) or Electricity/telephone (Utilities) bill or AADHAR Card. All this should be in the “Name of Applicant” only and it should not be older than 2 months from the date of filing of the e-form.
Passport Size Photograph (latest) : 1 photocopy or a soft-copy in (.JPEG format)
*Current Occupation
*Email Address of the Applicant
*Mobile/Cell Number
*Educational qualification
*Verification to be signed by the Applicant. See the attached DIR4 format

In case of Foreign National

Identity Proof: Copy of Passport (mandatory)

Address Proof: Address proof should not be older than 1 year from the date of filing of the eForm.

Passport Size Photograph (latest): 1 photocopy or a soft-copy (in .JPEG format)

*Current Occupation

*Email Address of the Applicant

*Mobile/Cell Number

*Educational qualification

*Verification to be signed by the Applicant. See the attached DIR4 format

All the documents require “Self attestation”.

. In case, the director is residing outside India, the attached supporting documents should be attested by the Consulate of the Indian Embassy, Foreign Public Notary. In case of director, supporting documents can also be attested by Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.

DIR-3 shall be digitally signed by the same person i.e. applicant who is filing the application and by either of the following:

Company Secretary (in whole-time practice) or a Chartered accountant (in whole-time practice) or Cost accountant (in whole-time practice)
Company secretary in full time employment or Director of the company in which the applicant is to be appointed as a director

. While making DIR-3 Application following details are mandatory :

First Name, Middle Name, Last Name, Details of father of an applicant (even in case of a married woman)

In case of a Married woman, a photocopy of the Marriage Certificate is required (If DIN needs to be in the “Changed Name”)

. There could be instances of DIR3/DIN Rejection. Refer “Common Causes of DIN Rejection” for the resolution.

*Starred items are mandatory fields of DIR-3 application

What is a Digital Signature Certificate (DSC)?

Digital Signature Certificate (DSC) is the digital equivalent (i.e. electronic format) of physical or paper certificates. Examples of physical certificates are driver’s license, passport. Certificates serve as proof of identity of an individual for a certain purpose; for example, a driver’s license identifies someone who can legally drive in a particular country. Likewise, a digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally. Since MCA accepts electronic submission of Forms on its website the DSC is mandatory for all the users.

Documents required for obtaining DSC

Digital Signature Certificate application Form (duly signed by an applicant). An applicant is required to sign across the photo.

Download the DSC Application Form (Class II Individual Certificate)

All other documents are same as required for the DIR-3 Application

Note: All the documents require “Self attestation” and identity proof and address proof should be attested by either a Gazetted officer (Class I) or Bank manager or Post Master.

Step 2. Search for the Company Name availability

The Promoters have to provide at least 6 names in the order of their preference/priority. The Promoters can themselves search for the available names by visiting the MCA Website: Check Name Availability

Step 3. Application for the Name availability

After drafting of Main Object of the proposed company, need to file e-Form INC-1 (Application for reservation of name) with Registrar of Companies for name availability. The Applicant needs to give 6 proposed names in preference/priority along with their meaning and significance of each word.

Note: Refer the “undesirable names” rules extracts from the Companies (Incorporation) Rules, 2014.

Also refer MCA General Circular on Use of word ‘National’, ‘Bank’, ‘Exchange’, ‘Stock Exchange’ in the names of Companies or Limited Liability Partnerships (LLPs). Refer General Circular No. 2/2014

Step 4. Drafting of Memorandum of Association (MOA) & Articles of Association (AOA)

What is a Memorandum of Association?

Memorandum of Association covers fundamental provisions of the company’s constitution. It covers main object and other objects of the company.

What is Articles of Association?

Articles of Association contain rules and regulations governing the internal management of the company. It is a binding contract between company and its members and members among themselves defining their rights and duties.

As per Section 4(5)(i) of the Companies Act 2013 upon receipt of an application under sub-section (4), the Registrar may, on the basis of information and documents furnished along with the application, reserve the name for a period of sixty days from the date of the application.

After name approval from ROC, the next step is to draft MOA & AOA. The subscribers need to specify Name, Address, and Occupation in their own handwriting & sign the subscription pages of MOA & AOA.

Where subscriber to the memorandum is a Foreign National (residing outside India), please refer Chapter 2 of Companies (Incorporation) Rules, 2014 notified by Ministry of Corporate Affairs for knowing the procedure of obtaining attestation and notary while signing subscription pages of Memorandum and Articles of Association and other relevant document.

Step 5. Filing of e-forms with RoC (Registrar of Companies)

Following Forms to be filed/uploaded on the MCA Website.

a) Form INC-7 : For application of Incorporation of the Company

Mandatory attachments to e-form INC-7

Memorandum of Association

Articles of Association

Declaration by Professional in INC-8

Affidavit from the subscriber to the Memorandum in Form No.INC-9

Proof of residential address which should not be older than two months

Proof of identity

Verification of signature of subscribers i.e. Form No. INC-10, in case the company is not having share capital.

It is mandatory to attach entrenched Articles of association if any of the articles are entrenched.

ii) Optional attachments depending upon case

Copy of in principle approval granted by the Reserve Bank of India or any concerned authority in case proposed company shall be conducting NBFI (Non-Banking Financial Institution) activities

NOC in case there is change in the promoters (first subscribers to Memorandum of Association)

Proof of nationality in case the subscriber is a foreign national

PAN card (in case of Indian national)

Copy of certificate of incorporation of the foreign body corporate and proof of registered office address

Certified true copy of board resolution/consent by all the partners authorising to subscribe to MOA

Form INC-22 : For Notice of situation of registered office

Attachments to e-form INC-22

Proof of Registered Office address (Conveyance/Lease deed/Rent Agreement along with the rent receipts) etc.

Copies of the utility bills (proof of evidence of any utility service like telephone, gas ,electricity etc. depicting the address of the premises not older than two months is required to be attached).

No Objection Certificate or permission to use

Certification of e-form INC-22 by CS/CA/CWA (in Whole Time Practice)

Form DIR-12 : For providing information about particulars of appointment of Directors of the company and Key Managerial Personnel

Attachments to e-form DIR-12

Following are the Mandatory attachments in case of an appointment of a Director / Manager / Company Secretary / CEO / CFO.

Letter of appointment
Declaration by first director in Form INC-9
Declaration of the appointee director, managing director, in Form No. DIR-2

Step 6. Payment of RoC Fees & Stamp Duty

After filing of documents online, we need to make payment of RoC fees and Stamp Duty electronically which is based upon the Authorised Capital of the Company.

The MCA Fee Calculator currently being unavailable, please refer the attached “Fee Schedule”

Step 7. Verification of documents / forms by RoC

After payment of all RoC Fees & Stamp duties, RoC verifies/scrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself. We need to make necessary changes accordingly.

Step 8. Issue of Certificate of Incorporation by RoC

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. soft-copy (having digital signature of RoC Registrar). Once the Incorporation Certificate is received, Company can start it’s operations.

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 .

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.

We Provide services are:

Accounting Services
Auditing & Assurance Services
Advisory Services
Business Services
Corporate Services
International Services
Financial & Corporate Services
Foriegn Exchange Services
STPI Services
Taxation Services
Trademark & Copyright Related Services
NRI Related Services
Corporate Governance Services
Service Tax

Strat up/stand up india service

Contact Us:

IN-+91-946160007

US-+1-80151-20200

cafirm.khannaandassociates@gmail.com

List of Resolution for which MGT-14 requires to be filed-Khanna & Associates LLP

List of Resolution for which MGT-14 requires to be filed

1. Section- 8: For a company registered under Section- 8 to convert itself into a company of any other kind or alteration of its Memorandum or Articles

3. Section – 12: Shifting Of Registered Office.
4. Section-13: Alteration in MO
5. Section- 14: Alteration in Article.

6. Section 13(8): A company, which has raised money from public through Prospectus and still has any unutilized amount out of the money so raised, shall not Change its objects for which it raised the money through prospectus unless a special Resolution is passed by the company.

7. Section 27(1): A company shall not, at any time, vary the terms of a contract referred to in the prospectus or objects for which the prospectus was issued, except subject to the approval of, or except subject to an authority given by the company in general meeting by way of special resolution.

8. Section 41A: A company may, after passing a special resolution in its general meeting, issue depository receipts in any foreign country in such manner, and subject to such conditions, as may be prescribed. (Section still not applicable).

9. Section 48(1): Where a share capital of the company is divided into different classes of shares, the rights attached to the shares of any class may be varied with the consent in writing of the holders of not less than three-fourths of the issued shares of that class or by means of a special resolution passed at a separate meeting of the holders of the issued shares of that cla

10. Section 54: Issue of Sweat Equity Share

11. Section 62(1) (c): Preferential allotment of share
12. Section 65: Conversion of Unlimited company into limited company.

13. Section 66(1): Reduction of Share Capita

14. Section 67(3) (b): Special resolution for approving scheme for the purchase of fully-paid shares for the benefit of employee

15. Section 68(2)(b): Buy Back of Share

16. Section 71(1): A company may issue debentures with an option to convert such debentures into shares, either wholly or partly at the time of redemption: Provided that the issue of debentures with an option to convert such debentures into shares, wholly or partly, shall be approved by a special resolution passed at a general meeting.

17. Section 76: Inviting deposits from person other then member

18. Section-94: Keep registers at any other place in India.

19. Section 140(1): The auditor appointed under section 139 may be removed from his office before the expiry of his term only by a special resolution of the company, May appoint more than 15 directors by passing of Special resolution.

20. Section- 149(10): Re-appointment of Independent Director.

21. Section 165(2): Subject to the provisions of sub-section (1), the members of a company may, by special resolution, specify any lesser number of companies in which a director of the company may act as director

22. Section- 180: The Board of Directors of a company shall exercise the following powers only with the consent of the company by a special resolution, namely-
a. to sell, lease or otherwise dispose of the whole or substantially the whole of the undertaking of the company or where the company owns more than one undertaking, of the whole or substantially the whole of any of such undertaking
b. to invest otherwise in trust securities the amount of compensation received by it as a result of any merger or amalgamation.
to borrow money, where the money to be borrowed, together with the money already borrowed by the company will exceed aggregate of its paid-up share capital

and free reserves, apart from temporary loans obtained from the company’s bankers in the ordinary course of business.

d. to remit, or give time for the repayment of, any debt due from a director.

23. Section- 185: For approving scheme for giving of loan to MD or WT

24. Section- 188: To enter into related party transaction with the company if paid up capital of company exceed Rs.10/- Crore.

25. Section- 186(3): Loan& Investment by company exceeding 60% of paid up share capital or 100% of free reserve.

26. Section- 196: Appointment of a person as Managerial Personnel if, the age of

Person is exceeding 70 year.

27. Sched Remuneration to Managerial personnel if, profits of company are Inadequate.

28. Section 248: Power of registrar for removal name of company.

29. Section 271(1)(b): Special Resolution for winding up of the company by Tribuna

30. Section 304(b): Special Resolution for winding up of company

AS PER SECTION 179(3): The Board of Directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the Board, namely:—these resolutions are also necessary to file in MGT-14.

31. To make calls on shareholders in respect of money unpaid on their share

32. To authorize buy-back of securities under section 68.

33. To issue securities, including debentures, whether in or outside India;

34. To borrow monies;

35. To invest the funds of the company;
36. To grant loans or give guarantee or provide security in respect of loans;

37. To approve financial statement and the Board’s report;

38. To diversify the business of the company;

39. To approve amalgamation, merger or reconstruction;

40. Take over a company or acquire a controlling or substantial stake in another company;
41. Any other matter which may be prescribed.

In addition to the things mention above the following things are shall also require to file with ROC in MGT-14 per Rule 8 of Companies (Meetings of Board and its Powers), Rules 2014-

42. To make political contribution

43. To appoint or remove key managerial personnel (KMP)

44. To take note of appointment(s) or removal(s) of one level below the Key

Management Personnel;

45. To appoint internal auditors and secretarial auditor;

46. To take note of the disclosure of director’s interest and shareholding;

47. To buy, sell investments held by the company (other than trade investments), constituting 5% or more of the paid up share capital and free reserves of the investee company;
48. To invite or accept or renew public deposits and related matters;

49. To review or change the terms and conditions of public deposit;

50. To approve quarterly, half yearly and annual financial statements or financial results as the case may be.

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 .

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.

We Provide services are:

Accounting Services
Auditing & Assurance Services
Advisory Services
Business Services
Corporate Services
International Services
Financial & Corporate Services
Foriegn Exchange Services
STPI Services
Taxation Services
Trademark & Copyright Related Services
NRI Related Services
Corporate Governance Services
Service Tax
Strat up/stand up india service

Contact Us:

IN-+91-946160007

US-+1-80151-20200

info@khannaandassociates.com
cafirm.khannaandassociates@gmail.com

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Guidelines for Selection of Name of The Company as Per Company Act 2013-Khanna & Associates LLP

Statutory Provisions under Companies Act, 2013

As per section 4(1), the memorandum of a company shall state the name of the company with the last word “Limited” in the case of a public limited company, or the last words “Private Limited” in the case of a private limited company. However section 8 Companies does not require to add the word “Limited” or “Private Limited” to their name.

Name should not be prohibited, undesirable, identical

The promoters may select any suitable name provided it is not prohibited, undesirable, and identical with or resemble too nearly to the name of an existing company as per the rules and circulars under the Companies Act, 2013. As per provisions of section 4(2) of the Act, no company shall be registered by a name, which is considered undesirable by the Central Government.

As per section 4(2), the name stated in the memorandum shall not—

be identical with or resemble too nearly to the name of an existing company registered under this Act or any previous company law; or

be such that its use by the company—

will constitute an offence under any law for the time being in force; or
is undesirable in the opinion of the Central Government.

Name should not be connected with Government

As per section 4(3) without prejudice to the provisions of section 4(2), a company shall not be registered with a name which contains—

any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body constituted by the Central Government or any State Government under any law for the time being in force; or

such word or expression, as may be prescribed.

In case previous approval of the Central Government has been obtained for the use of any such word or expression, then such name may be used.

Name availability for proposed company

As per section 4(4) read with Rule-9 of Companies (Incorporation) Rules, 2014, application for the reservation/availability of name shall be in Form no. INC.1 along with prescribed fee of Rs. 1,000/-. Selection of Company name should be in accordance with name guidelines prescribed in Rule-8 of Companies (Incorporation) Rules, 2014.

Note: MCA has prescribed certain rules for name availability so it is advisable to check guidelines for the same before applying for name. Refer Rule-8 of Companies (Incorporation) Rules, 2014. After approval of name ROC will issue a Name availability letter w.r.t. approval for availability of name for a proposed company.

Validity of Name approved by ROC:

As per section 4(5) of the Companies Act, 2013, maximum time for which name will be available has been prescribed in the law itself under section 4(5). The name will be valid for a period of 60 Days from the date on which the application for Reservation was made.

Note: The applicant cannot start business or enter into any agreement, contract, etc. in the name of the proposed company until and unless a certificate of registration is issued by the registrar of companies as per the provisions of the Companies Act, 2013 and the rules made there under.

Few Guidelines regarding selection of Name

The following points should be kept in mind while deciding name of a company read with Rule-8 of Companies (Incorporation) Rules, 2014:

1. Proposed Name should not be Identical with name of an existing Company

As per old ROC Guidelines the name of an existing company, which is already registered, with the proposed name will not be available for approval. However in determining whether a proposed name is identical with another, the differences on account of the following shall not be considered and name will be regarded as identical:

the words like Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, Limited Liability Partnership;

words appearing at the end of the names – company, and company, co., co, corporation, corp, corpn, corp.;

plural version of any of the words appearing in the name;

type and case of letters, spacing between letters and punctuation marks;

joining words together or separating the words does not make a name distinguishable from a name that uses the similar, separated or joined words;

use of a different tense or number of the same word does not distinguish one name from another;

using different phonetic spellings or spelling variations shall not be considered as distinguishing one name from another.

Illustration (For example, J.K. Industries limited is existing then J and K Industries or Jaa Kaa Industries or J n K Industries or J & K Industries shall not be allowed and similarly if a name contains numeric character like 3, resemblance shall be checked with ‘Three’ also;)

misspelled words, whether intentionally misspelled or not, do not conflict with the similar, properly spelled words;

the addition of an internet related designation, such as .com, .net, .edu, .gov, .org, .in does not make a name distinguishable from another, even where (.) is written as ‘dot’;

the addition of words like New, Modern, Nav, Shri, Sri, Shree, Sree, Om, Jai, Sai, The, etc. does not make a name distinguishable from an existing name and similarly, if it is different from the name of the existing company only to the extent of adding the name of the place, the same shall not be allowed;

Such names may be allowed only if no objection from the existing company by way of Board resolution is submitted;

different combination of the same words does not make a name distinguishable from an existing name, e.g., if there is a company in existence by the name of “Builders and Contractors Limited”, the name “Contractors and Builders Limited” shall not be allowed unless it is change of name of existing company;

if the proposed name is the Hindi or English translation or transliteration of the name of an existing company or limited liability partnership in English or Hindi, as the case may be.

Instances where name shall be considered as undesirable: The Proposed name shall be considered undesirable in any of the following conditions:

In case proposed name attracts the provisions of section 3 of the Emblems and Names (Prevention and Improper Use) Act, 1950 (12 of 1950);

In case proposed name includes the name of a registered trade mark or a trade mark which is subject of an application for registration, unless the consent of the owner or applicant for registration, of the trade mark, as the case may be, has been obtained and produced by the promoters;

In case proposed name includes any word or words which are offensive to any section of the people;

In case proposed name is identical with or too nearly resembles the name of a limited liability partnership;

In case proposed name is not in consonance with the principal objects of the company as set out in the memorandum of association;

Note: Every name need not be necessarily indicative of the objects of the company, but when there is some indication of objects in the name, then it shall be in conformity with the objects mentioned in the memorandum;

The company’s main business is financing, leasing, chit fund, investments, securities or combination thereof, such name shall not be allowed unless the name is indicative of such related financial activities, viz., Chit Fund or Investment or Loan, etc.;

In case proposed name resembles closely the popular or abbreviated description of an existing company or limitd liability partnership;

In case proposed name is identical with or too nearly resembles the name of a company or limited liability partnership incorporated outside India and reserved by such company or limited liability partnership with the Registrar:

Note: If a foreign company is incorporating its subsidiary company in India, then the original name of the holding company as it is may be allowed with the addition of word India or name of any Indian state or city, if otherwise available;

any part of the proposed name includes the words indicative of a separate type of business constitution or legal person or any connotation thereof e.g. co-operative, sehkari, trust, LLP, partnership, society, proprietor, HUF, firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG etc.;

Explanation.- For the purposes of this sub-clause, it is hereby clarified that the name including phrase ‘Electoral Trust’ may be allowed for Registration of companies to be formed under section 8 of the Act, in accordance with the Electoral Trusts Scheme, 2013 notified by the Central Board of Direct Taxes (CBDT):

Provided that name application is accompanied with an affidavit to the effect that the name to be obtained shall be only for the purpose of registration of companies under Electoral Trust Scheme 13 as notified by the Central Board of Direct Taxes;

In case proposed name contains the words ‘British India’;
In case proposed name implies association or connection with embassy or consulate or a foreign government;
In case proposed name includes or implies association or connection with or patronage of a national hero or any person held in high esteem or important personages who occupied or are occupying important positions in Government;

In case proposed name is vague or an abbreviated name such as ‘ABC limited’ or ‘23K limited’ or ‘DJMO’ Ltd: abbreviated name based on the name of the promoters will not be allowed. For example:- BMCD Limited representing first alphabet of the name of the promoter like Bharat, Mahesh, Chandan and David:

Note: Existing company may use its abbreviated name as part of the name for formation of a new company as subsidiary or joint venture or associate company but such joint venture or associated company shall not have an abbreviated name only e.g. Delhi Paper Mills Limited can get a joint venture or associated company as DPM Papers Limited and not as DPM Limited:

Provided further that the companies well known in their respective field by abbreviated names are allowed to change their names to abbreviation of their existing name after following the requirements of the Act;

Note: If the proposed name is identical with the name of a company which is struck off in pursuance of action under section 248 of the Act, then the same shall not be allowed before the expiry of twenty years from the publication in the Official Gazette being so struck off;

it is identical with or too nearly resembles the name of a limited liability partnership in liquidation or the name of a limited liability partnership which is struck off up to a period of five years;
the proposed name include words such as ‘Insurance’, ‘Bank’, ‘Stock Exchange’, ‘Venture Capital’, ‘Asset Management’, ‘Nidhi’, ‘Mutual fund’ etc., unless a declaration is submitted by the applicant that the requirements mandated by the respective regulator, such as IRDA, RBI, SEBI, MCA etc. have been complied with by the applicant;
the proposed name includes the word “State”, the same shall be allowed only in case the company is a government company;
the proposed name is containing only the name of a continent, country, state, city such as Asia limited, Germany Limited, Haryana Limited, Mysore Limited;
the name is only a general one, like Cotton Textile Mills Ltd. or Silk Manufacturing Ltd., and not Lakshmi Silk Manufacturing Co. Ltd;
it is intended or likely to produce a misleading impression regarding the scope or scale of its activities which would be beyond the resources at its disposal:
the proposed name includes name of any foreign country or any city in a foreign country, the same shall be allowed if the applicant produces any proof of significance of business relations with such foreign country like Memorandum Of Understanding with a company of such country.

Note: The name combining the name of a foreign country with the use of India like India Japan or Japan India shall be allowed if, there is a government to government participation or patronage and no company shall be incorporated using the name of an enemy country.

Proposed Company Name contain name of an Individual

In case the key word used in the name proposed is the name of a person other than the name(s) of the promoters or their close blood relatives, No objection from such other person(s) shall be attached with the application for name. In case the name includes the name of relatives, the proof of relation shall be attached and it shall be mandatory to furnish the significance and proof thereof for use of coined words made out of the name of the promoters or their relatives.

Declaration by the Applicant

The applicant shall declare in affirmative or negative ( to affirm or deny ) whether they are using or have been using in the last five years, the name applied for incorporation of company or LLP in any other business constitution like Sole proprietor or Partnership or any other incorporated or unincorporated entity and if, yes details thereof and No Objection Certificate from other partners and associates for use of such name by the proposed Company or LLP, as the case may be, and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not .

5. Specific Prohibition on using selected words in the proposed name

The following words and combinations thereof shall not be used in the name of a company in English or any of the languages depicting the same meaning unless the previous approval of the Central Government has been obtained for the use of any such word or expression-

(a) Board; (b) Commission; (c) Authority; (d) Undertaking; (e) National; (f) Union; (g) Central; (h) Federal; (i) Republic; (j) President; (k) Rashtrapati; (l) Small Scale Industries; (m) Khadi and Village Industries Corporation; (n) Financial, Corporation and the like; (o) Municipal; (p) Panchayat; (q) Development Authority; (r) Prime Minister or Chief Minister; s) Minister; (t) Nation; (u) Forest corporation; (v) Development Scheme; Statute or Statutory; (x) Court or Judiciary; (y) Governor; (z) the use of word Scheme with the name of Government(s), State, India, Bharat or any government authority or in any manner resembling with the schemes launched by Central, state or local Governments and authorities; and (za) Bureau

6. Guideline for Non Profit making Company

For the Companies under section 8 (Non Profit making Company) of the Act, the name shall include the words foundation, Forum, Association, Federation, Chambers, Confederation, council, Electoral trust and the like etc.

7. Restriction on use of Name released on change of name by any company

The names released on change of name by any company shall remain in data base and shall not be allowed to be taken by any other company including the group company of the company who has changed the name for a period of three years from the date of change subject to specific direction from the competent authority in the course of compromise, arrangement and amalgamation.

Names that require Central Government approval: Any name that includes any word in the following list will require approval from the Central Government. Board, Commission, Authority, Undertaking, National, Union,Central, Federal, Republic, President, Rashtrapati, Small Scale Industries, Khadi and Village Industries Corporation, Financial, forest, Municipal, Panchayat, Development Authority, Prime Minister or Chief Minister, Minister, Nation, Forest corporation, Development Scheme, Statute or Statutory, Court or Judiciary, Governor, Development Scheme or the use of word Scheme with the name of Government (s) , State , India, Bharat or any government authority or in any manner resembling with the schemes launched by Central, state or local Governments and authorities

We Provide services are:

Accounting Services
Auditing & Assurance Services
Advisory Services
Business Services
Corporate Services
International Services
Financial & Corporate Services
Foriegn Exchange Services
STPI Services
Taxation Services
Trademark & Copyright Related Services
NRI Related Services
Corporate Governance Services
Service Tax

Strat up/stand up india service

Contact Us:

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Stamp Paper & INC-8,9 ,10 & DIR-2 As Per Company Act 2013- Khanna & Associates LLP

Inc-8 is declaration by professionals, as there is no need to print it on stamp paper.

Inc-9 should be submitted in the form of an Affidavit on 20 rs stamp by each of the subscribers to the memorandum and each of the first directors named in the articles.

In case of, Inc-10 no need to print it on stamp paper but it should be verified by Banker or Notary.

And DIR-2 is the Consent of Director, so no need to take print out on stamp paper.

SEBI Clause for non acceptance of deposits. It is required at the time of Incorporation of a Company.

Notary means geting documents signed by Advocate appointed by Government, we got to pay Rs. 30 or 40 depends on place, there won’t be any quantum of notary like stamp duty.

List of Document Require for incorporating PVT

1) Type of Company (Private & Public)

2) Proposed Names of Company ( at least -6 names )

3) Holding Ratio Amidst the Directors

4) Nature Business & Objects of company

5) Authorized Capital & Subscribed Capital

Proof of Address & Proof of identity for all “subscribers” and “Directors’.

6) For proof of address (Self Attested ) : –

ü Voter Identity Card

ü Passport

ü Driving License

ü Aadhar card

7) For proof of identity (Self Attested) :-

ü Electricity bill- Not more than Last 2 months old

ü Water bill

ü Telephone bill

ü Bank Statement- Not more than Last 2 months old

8) Present Address & Permanent Address of Subscribers

9) Registered Office / Place of Business -Address Proof :- (Rent agreement,Lease deed , Sale deed, Copy of Registry , NOC from Property owner)

10) Personal Detail of all Subscribers/Promoters/Directors :-

ü 4 Color Photograph

ü Date of Birth (DOB)

ü Place of Birth (for all)

ü Parents full name (Mother- Father both)

ü Mother’s Maiden Name

ü Educational Qualification Certificate

ü Email address

ü Mobile number

ü Place of birth

Tenure of residence at present address Obtaining Directors Identification Number (DIN)

Checklist for Obtaining DIN:-

ü Applicant to Obtain DIN if he does not have the DIN.

ü Signed copy of PAN

ü Signed copy of Address Proof

ü Color Photograph

ü Area of Occupation (Self employed, Professional, home maker, Student, Serviceman)

ü Educational Qualification Certificate

ü Email address

ü Mobile number

ü Place of birth

Note: – For Obtaining DIN applicant must have the Digital Signature.

For obtaining Digital Signature following documents are required

ü Signed original application

ü 2 color photograph of the applicant

ü Photograph should be crossed signed on the application

ü Signed copy of PAN

ü Signed copy of Address proof (Voter card, Passport, Aadhar card, Driving license ,Electricity/Mobile/Water Bill )

ü Email

ü Mobile number

Important points

ü INC-9 should be notarized on a stamp paper.

ü INC-10 should be attested from Bank Manager.

ü INC-8 should be notarized on a stamp paper.

ü Power of Attorney should be notarized on a stamp paper .

ü Witness should be as per Rule 13(1) of Company Incorporation rules 2013.

Witness Identity & Address Proof ( A& B)

ü All subscribers’ details in AOA & MOA should be in hand written.

ü Total number of shares taken should also be in hand written.

We Provide services are:

Accounting Services
Auditing & Assurance Services
Advisory Services
Business Services
Corporate Services
International Services
Financial & Corporate Services
Foriegn Exchange Services
STPI Services
Taxation Services
Trademark & Copyright Related Services
NRI Related Services
Corporate Governance Services
Service Tax

Contact Us:

IN-+91-946160007

cafirm.khannaandassociates@gmail.com

Chartered Accountant, cpa us, cpa india,ca injaipur,cafirm jaipur,cafirm in india,best cafirm in jaipur/rajasthan/india ,best chartered accountant, Income tax lawyer,Incometax advocate,tax advocate ,rectification under 154,intimation under section 143(1), Tax raid,External Commercial Borrowing,International Arbitration,Mystery Audit,Audit and Assurance ,44AD,Income tax return filing,Service tax return Filing ,VAT registration,Company registration,Partnership deed,Settlement Of accounts,Loan papers,Loan Facilitation ,Charitable Trust,Assessment procedure,TDS,Income from Other Sorces,Salary return,Investment ,Insurance,Foriegn Direct Investment,High Court Appeal Khanna & Associates LLP – Legal & Financial Consultants

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Check List For Post Incorporation activities / formalities of the Private Limited Company as per Companies Act 2013

According to the New Companies act, 2013, after incorporation of the company, every company shall be required to follow the provisions of the Companies Act.

Following are the Post-incorporation formalities / requirements to be followed mandatorily,

Appointment of Statutory Auditor

Pursuant to section 139(6) (1) the first auditor of the company, (who is Chartered Accountant), other than a Government company, shall be appointed by the Board of Directors within thirty days (30 days) from the date of registration of the company and in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days (90 days) at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting.

Allotment of the securities

Pursuant to section 56(4)(a), every company shall, deliver the certificates of all securities allotted, transferred or transmitted within a period of two months (2 months) from the date of incorporation , in the case of subscribers to the memorandum.
Therefore it is mandatory to open a Bank account and after opening of company’s Bank Account, each subscriber to the memorandum of association should deposit the amount of subscription money of the shares agreed to be taken by him from their respective account in the company’s Bank account by individual cheque or online.

In case of Default :-

This procedure should be followed as per the provision of the Act because in case of any default, the company shall be punishable with a fine which shall not be less than twenty five thousand rupees (Rs. 25000/-) but which may extend to five thousand rupees (Rs. 5000 /-) and every officer of the company who is in default shall be punishable with fine which shall not be less than ten thousand rupees (Rs. 10000/) but which may extend to one lakh rupees. (Rs. 100000/-)

Filing of e-Form INC-21 with Registrar of Companies (RoC)

Pursuant to Section 11 (1) (a) of the Companies Act, 2013, company having share capital shall not commence any business or exercise any borrowing powers unless a declaration is filed by a director with the Registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him and the paid up capital of the company is not less than Rs. 1 lakh (Rs.100000/- ) in case of a Private Limited Company.

Pursuant to Section 11 (1) (b) of the Companies Act, 2013, the company has to file with the Registrar a verification of its registered office as provided in sub section (2) of section 12.

Hence, the company shall file e-form INC-21 with the Registrar of Companies within 180 days of date of incorporation of the company along with following documents :-

a declaration to be printed on Rs. 100 Stamp paper (duly notarized).
b. Proof of registered address of the company – Latest address proof (Utilities bill – Telephone/Electricity) having the same address as mentioned in the address proof (utilities bill) provided by the Company at the time of incorporation.

Other compliances

To open a Current account in the name of a company with any scheduled/ nationalized or Private Bank.
To appoint a Practicing Company Secretary as a compliance officer in the 1st Board Meeting for complying legal services as required by Companies Act.
Keep ready 2 rubber stamps- Rubber Stamps (One round stamp in the name of company and another for the Director.

Other Registrations

Application for Shop Act license
Application for PAN / TAN in the name of company
Registration of VAT/ CST/ SERVICE TAX( If applicable)
Registration of Profession Tax

Corporate Stationary

As per Section 12 (3) Every company shall —
(a) paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and of the characters employed therefore are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages;
(b) have its name engraved in legible characters on its seal;
(c) get its name, address of its registered office and the Corporate Identity
Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications;

List of Stationery Items to get

Get a Common Seal (Mandatory)
Statutory Register (Mandatory)
A printed set of Memorandum of Association and Articles of Association (optional)
Minutes Loose Leaf (100 pages) & Minutes Binder (optional)
Share Certificate Book (Minimum 50 Share Certificate) (optional)

Appointment of first auditor for a company – Companies Act 2013

Company registered in India is required to appoint an individual or a audit firm as it’s first auditor after its incorporation. Accounts of the company’s are required to be audited by such first auditor.

At the year end, financial statements along with the auditor’s report are to be filled with register of companies (ROC) within 30 days after completion of annual general meeting.

According to the companies act 2013, only a chartered accountant in practice can be appointed as first auditor of the company. No other persons can be appointed as an auditor of the company. Appointment of first auditor for a company

Appointment Procedure of first auditor

Section 139(6) of the companies act 2013, deals with the appointment of first auditor of a company that is registered in India. Here are the procedures that the company needs to follow for appointment of the first auditor;

Within 30 days from the date of incorporation, the company needs to convey a board meeting by giving notice to all of its directors. Date of incorporation is the date that is mentioned in the certificate of incorporation.

In addition to other matters the company should also decide to pass a resolution for appointment of first auditor of the company to hold office till the conclusion of the first annual general meeting.

Before the appointment, company needs to obtain a written certificate from the first auditor to the effect that the appointment if made will be in accordance to the limits specified in the companies act 2013.

After the decision of board of directors, the auditor needs to be intimated within 7 days from the date of appointment.

While appointing the first auditor, company’s resolution for appointment of first auditor should also contain the chartered accountant firm’s registration number. This has been decided by the council of ICAI at its 292nd meeting held on 13.01.2010.

In case board of directors failed to appoint the first auditor within 30 days of incorporation then the company needs to convey a extraordinary general meeting by issuing notice to all the members in writing. Such members within 90 days from the date of failure to appoint shall appoint the first auditor in extraordinary general meeting.

The first auditor as appointed by the company will hold office till the conclusion of the first annual general meeting.

As per the new companies act 2013, company is required to inform registrar of companies (ROC) in writing that auditor has been appointed by filling form ADT1 within 15 days from the meeting date in which auditor has been appointed.

However, such requirement is not applicable to the first auditors as these provisions are applicable to the auditors appointed under section 139(1) of the companies act 2013 and first auditors are appointed under section 139(6) of the companies act 2013. This means, filling of form ADT1 is not required for first auditor under companies act 2013.

While filing AOC-4, you are not required to mention the SRN of Form ADT-1 as its not filed with ROC. However, if you don’t mentioned a number then AOC-4 will not be accepted online. For this reason, you need to enter the SRN ‘Z99999999’ to process AOC-4.

SRN ‘Z99999999’ has to be used in cases where intimation of appointment of auditor is not required under section 139(5)/ (6)/ (7) of the Companies Act, 2013.

We Provide services are:

Accounting Services
Auditing & Assurance Services
Advisory Services
Business Services
Corporate Services
International Services
Financial & Corporate Services
Foriegn Exchange Services
STPI Services
Taxation Services
Trademark & Copyright Related Services
NRI Related Services
Corporate Governance Services
Service Tax

IN-+91-946160007

cafirm.khannaandassociates@gmail.com

KYC Document List Require for Start up/ Formation -Business/Company-Khanna & Associates

we provide the formation, Promotion ,Incorporation ,management and post-incorporation compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore companies.

KYC Document List Require for Start up/ Formation -Business/Company-Khanna & Associates

Type of Company (Private & Public)
Proposed Names of Company ( at least -6 names )
Holding Ratio Amidst the Directors
Nature Business & Objects of company
Authorized Capital & Subscribed Capital

Proof of Address & Proof of identity for all “subscribers” and “Directors’.

For proof of address (Self Attested ) : –
Voter Identity Card
Passport
Driving License
Aadhar card

For proof of identity (Self Attested) :-
Electricity bill- Not more than Last 2 months old
Water bill
Telephone bill
Bank Statement- Not more than Last 2 months old

Present Address & Permanent Address of Subscribers
Registered Office / Place of Business -Address Proof :- (Rent agreement,Lease deed , Sale deed, Copy of Registry , NOC from Property owner)

Personal Detail of all Subscribers/Promoters/Directors :-

4 Color Photograph
Date of Birth (DOB)
Place of Birth (for all)
Parents full name (Mother- Father both)
Mother’s Maiden Name
Educational Qualification Certificate
Email address
Mobile number
Place of birth

Tenure of residence at present address Obtaining Directors Identification Number (DIN)

Checklist for Obtaining DIN:-

Applicant to Obtain DIN if he does not have the DIN.
Signed copy of PAN
Signed copy of Address Proof
Color Photograph
Area of Occupation (Self employed, Professional, home maker, Student, Serviceman)
Educational Qualification Certificate
Email address
Mobile number
Place of birth

Note: – For Obtaining DIN applicant must have the Digital Signature.

For obtaining Digital Signature following documents are required

Signed original application
2 color photograph of the applicant
Photograph should be crossed signed on the application
Signed copy of PAN
Signed copy of Address proof (Voter card, Passport, Aadhar card, Driving license ,Electricity/Mobile/Water Bill )
Email
Mobile number

Important points

INC-9 should be notarized on a stamp paper.
INC-10 should be attested from Bank Manager.
INC-8 should be notarized on a stamp paper.
Power of Attorney should be notarized on a stamp paper .
Witness should be as per Rule 13(1) of Company Incorporation rules 2013.
Witness Identity & Address Proof ( A& B)

All subscribers’ details in AOA & MOA should be in hand written.
Total number of shares taken should also be in hand written.

We Provide services are:

Accounting Services
Auditing & Assurance Services
Advisory Services
Business Services
Corporate Services
International Services
Financial & Corporate Services
Foriegn Exchange Services
STPI Services
Taxation Services
Trademark & Copyright Related Services
NRI Related Services
Corporate Governance Services
Service Tax

Contact Us:

IN-+91-946160007

US-+1-80151-20200

info@khannaandassociates.com
cafirm.khannaandassociates@gmail.com

Register a Private company-Khanna & Associates- Noida

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.

This new form is known as INC-29, and it replaces earlier tedious process of filling out several forms for incorporating a new company.

The INC-29, a 5-in-1 form for company registration, combines the application for DIN allotment, name reservation, incorporation and even PAN & TAN, while making the process cheaper. As the entire incorporation process is in a single form, correct filing could mean approval in 48 hours, the government claims. If you’re an entrepreneur, you should be impressed. Relative to the old process, it has the potential to save you a lot of time, if properly implemented.

Earlier Form Filling:

Applications for obtaining a DIN – DIR – 3
2. Approving the name of the company – INC-1
3. A separate form for registration of the company (With MOA & AOA) – INC – 7
4. Form INC-22 for sharing details about registered office – INC – 22
5. A separate form DIR12 which should be sent to every director – DIR – 12

Now Form Filling:

All these formalities are now thing of past, as only INC-29 is now sufficient.

INC-29 will provide following services through a single e-form:

– Allotment of Director Identification Number;
– Name of a company; and
– Incorporation of a company.

Advantages and Disadvantages of INC – 29

Advantages of INC – 29

Now Company can incorporated within 24 working Hours after filed INC 29 with MCA portal. Separate queue for processing INC-29 has been created at ROC back office.
Currently, INC – 29 is only an option for incorporating the company. You can also incorporate the company with old procedure also.
If form is rejected then you can apply for refund through Refund Form.
You can also apply for Permanent Account Number (PAN) and Tax Deduction Account Number (TAN)
If the address for correspondence is not the address of registered office of the company. In this case, the company shall establish its registered office within fifteen days of the approval of this application for Incorporation and shall also intimate such address of registered office within thirty days of the Incorporation via e-form INC-22.

Disadvantages of INC – 29

Narrower Name Proposal

The Registrar has so far asked applicants to submit 6 names in order of priority. Even with the luxury of options, company names take 7 working days to be approved. The INC-29 will allow applicants to submit only a single name. So, while applying applicant has to undertake the necessary diligence regarding the name keeping the in mind the guidelines issued by MCA for Name approval. In case the name applied is rejected then you have the option to re-submit it for 1 more time. It remains unclear how this will not lead to more rejections.

Single Resubmission

The INC-29 combines forms, but does not eliminate any procedure. It’s just that you must now submit everything at once. This means that, should there be errors, you will get to know of all of them at once. This is a good change, but we should be concerned about the fact that only a single resubmission is allowed before you have to file the entire form and pay the Rs. 2000 again.

No Tracking System

Under the non-INC-29 system, you always know which process you’re stuck at. Since through INC-29, you are applying for 3 approvals i.e. Name, DIN and company registration, if any one fails all the others also fails. For example if there are issues in DIN application, then the entire application will be rejected and you have to file afresh.

Section 8 Companies not Included

Incorporation of a charitable company under section 8 (Formation of Company with Charitable objects) and company defined under chapter XXI (Unregistered Companies) of the Companies Act, 2013 are not facilitated under this integrated incorporation form.

Maximum DIN Allotment – 3

DIN for only 3 Directors can be applied at one time. For example a company has 5 Directors, 4 doesn’t have DIN then this form can’t be filed but in case person proposed to be appointed which don’t have DIN are up to 3 , then this form can be filed irrespective of the fact that there are 12 other Directors , who have DIN.

Steps for Incorporation of Company through INC – 29

Step – I: Obtain DSC for one director

Step – 2: File INC – 29 for the following:

Application for applying DIN for maximum 3 Directors
Application for Name availability (for single name only)

iii. Application for company registration

For furnishing details of Directors and registered office
Application for PAN – TAN

Step – 3: Attach Documents

Memorandum of Association
Article of Association
Affidavit and declaration by first subscriber(s) and director(s)
Proof of Office Address. (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts)
Copy of the utility bills. (not older than two months)
Proof of Identity & residential address of subscribers & Applicant
For Identity Proof – Voter ID Card/ Driving License / Passport / Aadhar card)
For Address Proof – Bank Statement/ Electricity Bill/ Telephone Bill

iii. IF you want PAN & TAN, fill jurisdiction details.

Step – 4: Form to be digitally signed by one of the proposed director

Step – 5: Declaration and Certification by Professional to be digitally signed along with their Membership No. as well as Certificate of Practice by professional.

Here Professional means: CA / CS / CMA / Advocate

Step – 6: Upload the Form and Pay the Fees (For detail see Fee Schedule)

Step – 7: If the address for correspondence is not the address of registered office of the company. In this case, the company shall establish its registered office within fifteen days of the approval of this application for Incorporation and shall also intimate such address of registered office within thirty days of the Incorporation via e-form INC-22.

Fees Table:

Fees: Normal Fees + 2,000

Authorized Capital Fees for ROC:

Nominal Share Capital	Other than OPCs and SmallCompanies		OPC and *Small Companies
Nominal Share Capital	Fixed	For every 10, 000or part thereof	Fixed	For every 10, 000 orpart thereof
Up to 1, 00, 000	5,000	N.A.	2,000	N.A.
More than 1,00,000 up to 5,00,000	5,000 +	400	2,000	N.A.
More than 5,00,000 up to 10,00,000	21,000 +	300	2,000	N.A.
More than 10,00,000 up to 50,00,000	36,000 +	300	2,000 +	200
More than 50,00,000 up to 1,00,00,000	1,56,000 +	100	N.A.	N.A.
More than 1,00,00,000	2,06,000 +	75	N.A.	N.A.

Normal Form Filling Fees

Nominal Share Capital	Fees
Up to 1, 00, 000	200
More than 1,00,000 up to 5,00,000	300
More than 5,00,000 up to 25,00,000	400
More than 25,00,000 up to 1,00,00,000	500
More than 1,00,00,000	600

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
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

Contact Us:

IN-+91-946160007

US-+1-80151-20200

info@khannaandassociates.com
cafirm.khannaandassociates@gmail.com

CA Firm jaipur , Chartered Accountant, cpa us, cpa india,ca injaipur,cafirm jaipur,cafirm in india,best cafirm in jaipur/rajasthan/india ,best chartered accountant, Income tax lawyer,Incometax advocate,tax advocate ,rectification under 154,intimation under section 143(1), Tax raid,External Commercial Borrowing,International Arbitration,Mystery Audit,Audit and Assurance ,44AD,Income tax return filing,Service tax return Filing ,VAT registration,Company registration,Partnership deed,Settlement Of accounts,Loan papers,Loan Facilitation ,Charitable Trust,Assessment procedure,TDS,Income from Other Sorces,Salary return,Investment ,Insurance,Foriegn Direct Investment,High Court Appeal Khanna & Associates LLP – Legal & Financial Consultants

Register a Private company-Khanna & Associates- Gurgaon

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.

This new form is known as INC-29, and it replaces earlier tedious process of filling out several forms for incorporating a new company.

Earlier Form Filling:

Applications for obtaining a DIN – DIR – 3
2. Approving the name of the company – INC-1
3. A separate form for registration of the company (With MOA & AOA) – INC – 7
4. Form INC-22 for sharing details about registered office – INC – 22
5. A separate form DIR12 which should be sent to every director – DIR – 12

Now Form Filling:

All these formalities are now thing of past, as only INC-29 is now sufficient.

INC-29 will provide following services through a single e-form:

– Allotment of Director Identification Number;
– Name of a company; and
– Incorporation of a company.

Advantages and Disadvantages of INC – 29

Advantages of INC – 29

Now Company can incorporated within 24 working Hours after filed INC 29 with MCA portal. Separate queue for processing INC-29 has been created at ROC back office.
Currently, INC – 29 is only an option for incorporating the company. You can also incorporate the company with old procedure also.
If form is rejected then you can apply for refund through Refund Form.
You can also apply for Permanent Account Number (PAN) and Tax Deduction Account Number (TAN)
If the address for correspondence is not the address of registered office of the company. In this case, the company shall establish its registered office within fifteen days of the approval of this application for Incorporation and shall also intimate such address of registered office within thirty days of the Incorporation via e-form INC-22.

Disadvantages of INC – 29

Narrower Name Proposal

Single Resubmission

No Tracking System

Section 8 Companies not Included

Maximum DIN Allotment – 3

Steps for Incorporation of Company through INC – 29

Step – I: Obtain DSC for one director

Step – 2: File INC – 29 for the following:

Application for applying DIN for maximum 3 Directors
Application for Name availability (for single name only)

iii. Application for company registration

For furnishing details of Directors and registered office
Application for PAN – TAN

Step – 3: Attach Documents

Memorandum of Association
Article of Association
Affidavit and declaration by first subscriber(s) and director(s)
Proof of Office Address. (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts)
Copy of the utility bills. (not older than two months)
Proof of Identity & residential address of subscribers & Applicant
For Identity Proof – Voter ID Card/ Driving License / Passport / Aadhar card)
For Address Proof – Bank Statement/ Electricity Bill/ Telephone Bill

iii. IF you want PAN & TAN, fill jurisdiction details.

Step – 4: Form to be digitally signed by one of the proposed director

Step – 5: Declaration and Certification by Professional to be digitally signed along with their Membership No. as well as Certificate of Practice by professional.

Here Professional means: CA / CS / CMA / Advocate

Step – 6: Upload the Form and Pay the Fees (For detail see Fee Schedule)

Fees Table:

Fees: Normal Fees + 2,000

Authorized Capital Fees for ROC:

Nominal Share Capital	Other than OPCs and Small Companies		OPC and *Small Companies
Nominal Share Capital	Fixed	For every 10, 000 or part thereof	Fixed	For every 10, 000 or part thereof
Up to 1, 00, 000	5,000	N.A.	2,000	N.A.
More than 1,00,000 up to 5,00,000	5,000 +	400	2,000	N.A.
More than 5,00,000 up to 10,00,000	21,000 +	300	2,000	N.A.
More than 10,00,000 up to 50,00,000	36,000 +	300	2,000 +	200
More than 50,00,000 up to 1,00,00,000	1,56,000 +	100	N.A.	N.A.
More than 1,00,00,000	2,06,000 +	75	N.A.	N.A.

Normal Form Filling Fees

Nominal Share Capital	Fees
Up to 1, 00, 000	200
More than 1,00,000 up to 5,00,000	300
More than 5,00,000 up to 25,00,000	400
More than 25,00,000 up to 1,00,00,000	500
More than 1,00,00,000	600

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
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

Contact Us:

IN-+91-946160007

US-+1-80151-20200

info@khannaandassociates.com
cafirm.khannaandassociates@gmail.com

Register a Private company-Khanna & Associates- Dehradun

we provide the formation, Promotion ,Incorporation ,management and post-incorporation compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore companies.

This new form is known as INC-29, and it replaces earlier tedious process of filling out several forms for incorporating a new company.

Earlier Form Filling:

Applications for obtaining a DIN – DIR – 3
2. Approving the name of the company – INC-1
3. A separate form for registration of the company (With MOA & AOA) – INC – 7
4. Form INC-22 for sharing details about registered office – INC – 22
5. A separate form DIR12 which should be sent to every director – DIR – 12

Now Form Filling:

All these formalities are now thing of past, as only INC-29 is now sufficient.

INC-29 will provide following services through a single e-form:

– Allotment of Director Identification Number;
– Name of a company; and
– Incorporation of a company.

Advantages and Disadvantages of INC – 29

Advantages of INC – 29

Now Company can incorporated within 24 working Hours after filed INC 29 with MCA portal. Separate queue for processing INC-29 has been created at ROC back office.
Currently, INC – 29 is only an option for incorporating the company. You can also incorporate the company with old procedure also.
If form is rejected then you can apply for refund through Refund Form.
You can also apply for Permanent Account Number (PAN) and Tax Deduction Account Number (TAN)
If the address for correspondence is not the address of registered office of the company. In this case, the company shall establish its registered office within fifteen days of the approval of this application for Incorporation and shall also intimate such address of registered office within thirty days of the Incorporation via e-form INC-22.

Disadvantages of INC – 29

Narrower Name Proposal

Single Resubmission

No Tracking System

Section 8 Companies not Included

Maximum DIN Allotment – 3

Steps for Incorporation of Company through INC – 29

Step – I: Obtain DSC for one director

Step – 2: File INC – 29 for the following:

Application for applying DIN for maximum 3 Directors
Application for Name availability (for single name only)

iii. Application for company registration

For furnishing details of Directors and registered office
Application for PAN – TAN

Step – 3: Attach Documents

Memorandum of Association
Article of Association
Affidavit and declaration by first subscriber(s) and director(s)
Proof of Office Address. (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts)
Copy of the utility bills. (not older than two months)
Proof of Identity & residential address of subscribers & Applicant
For Identity Proof – Voter ID Card/ Driving License / Passport / Aadhar card)
For Address Proof – Bank Statement/ Electricity Bill/ Telephone Bill

iii. IF you want PAN & TAN, fill jurisdiction details.

Step – 4: Form to be digitally signed by one of the proposed director

Step – 5: Declaration and Certification by Professional to be digitally signed along with their Membership No. as well as Certificate of Practice by professional.

Here Professional means: CA / CS / CMA / Advocate

Step – 6: Upload the Form and Pay the Fees (For detail see Fee Schedule)

Fees Table:

Fees: Normal Fees + 2,000

Authorized Capital Fees for ROC:

Nominal Share Capital	Other than OPCs and Small Companies		OPC and *Small Companies
Nominal Share Capital	Fixed	For every 10, 000 or part thereof	Fixed	For every 10, 000 or part thereof
Up to 1, 00, 000	5,000	N.A.	2,000	N.A.
More than 1,00,000 up to 5,00,000	5,000 +	400	2,000	N.A.
More than 5,00,000 up to 10,00,000	21,000 +	300	2,000	N.A.
More than 10,00,000 up to 50,00,000	36,000 +	300	2,000 +	200
More than 50,00,000 up to 1,00,00,000	1,56,000 +	100	N.A.	N.A.
More than 1,00,00,000	2,06,000 +	75	N.A.	N.A.

Normal Form Filling Fees

Nominal Share Capital	Fees
Up to 1, 00, 000	200
More than 1,00,000 up to 5,00,000	300
More than 5,00,000 up to 25,00,000	400
More than 25,00,000 up to 1,00,00,000	500
More than 1,00,00,000	600

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
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

Contact Us:

IN-+91-946160007

US-+1-80151-20200

info@khannaandassociates.com
cafirm.khannaandassociates@gmail.com

Can two Foreign Companies form a Company in India?

Can a Company may be registered without any object?

Is foreign National is required to visit India for registration of Company?

Is the Company required to hold Compulsory Board Meeting and if so does foreign national is required to come India for such meetings?

Can registered office may be situated outside India?

Can a foreign Company register a Wholly Owned Subsidiary Company in India?

Who is resident in India?

Is there is any RBI Compliance required to be done when there is Foreign Capital Inflow in Company?

What documents are required from Foreign National to get Digital Signature and Director Identification Number ?

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Lets Start StartUp with Private Limited Company in India

Company Formation FAQ’s

Documents required for DIR-3 Application

Step 2. Search for the Company Name availability

Step 3. Application for the Name availability

Step 4. Drafting of Memorandum of Association (MOA) & Articles of Association (AOA)

Step 5. Filing of e-forms with RoC (Registrar of Companies)

Form DIR-12 : For providing information about particulars of appointment of Directors of the company and Key Managerial Personnel

Step 6. Payment of RoC Fees & Stamp Duty

Step 7. Verification of documents / forms by RoC

Step 8. Issue of Certificate of Incorporation by RoC

We Provide services are:

Strat up/stand up india service

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We Provide services are:

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Guidelines for Selection of Name of The Company as Per Company Act 2013-Khanna & Associates LLP

Statutory Provisions under Companies Act, 2013

Name should not be prohibited, undesirable, identical

Name should not be connected with Government

Name availability for proposed company

Validity of Name approved by ROC:

Few Guidelines regarding selection of Name

1. Proposed Name should not be Identical with name of an existing Company

5. Specific Prohibition on using selected words in the proposed name

6. Guideline for Non Profit making Company

7. Restriction on use of Name released on change of name by any company

We Provide services are:

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Stamp Paper & INC-8,9 ,10 & DIR-2 As Per Company Act 2013- Khanna & Associates LLP

List of Document Require for incorporating PVT

Tenure of residence at present address Obtaining Directors Identification Number (DIN)

For obtaining Digital Signature following documents are required

Contact Us:

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Appointment of first auditor for a company – Companies Act 2013

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we provide the formation, Promotion ,Incorporation ,management and post-incorporation compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore companies.

KYC Document List Require for Start up/ Formation -Business/Company-Khanna & Associates

Tenure of residence at present address Obtaining Directors Identification Number (DIN)

For obtaining Digital Signature following documents are required

We Provide services are:

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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.

Share this:

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.

Share this:

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