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FAQs
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How can I apply for the Digital Signature Certificate (DSC) in India for registering a company as a one-person company?
Digital Signature Certificates are issued by the signNowing Authority appointed by the Ministry of Electronics and Telecommunications, Govt. of India. Presently there are two well known DSC issuing agency in India 1. E-Mudra; 2. SifyFor company registration, you need to have a class 2 type DSC. To get a DSC issued by E-Mudra or Sify, you need to have the followings:PAN Card;Proof of Address (Aadhar/Passport/Voter ID/ Driving License/Bank Statement/Utility Bill);Colour passport size photographs;A E-mail ID and a Mobile Number for verification purposes.You will have to fill-up an application form and submit it to the Agents appointed by E-Mudra or Sify. They will process your DSC Application. It can be issued in 1 day only.Generally practicing Company Secretaries, who helps in company registration will get your DSC issued as a part of incorporation process. It is advisable to connect with the Practicing Company Secretary for DSC issuance and even for the company registration. To know more about me, please visit https://www.linkedin.com/in/cspr...
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How can I register company in India? What problems you faced as first time experience? Plz read complete details too.
Following are the easy steps for registration :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 ApplicationIn case of Indian National a) 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)b) 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.c) Passport Size Photograph (latest) : 1 photocopy or a soft-copy in (.JPEG format)d) *Current Occupatione) *Email Address of the Applicantf) *Mobile/Cell Numberg) *Educational qualificationh) *Verification to be signed by the Applicant. Important Notes :1. All the documents require “Self attestation”.2. 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.3. DIR-3 shall be digitally signed by the same person i.e. applicant who is filing the application and by either of the following:a) Company Secretary (in whole-time practice) or a Chartered accountant (in whole-time practice) or Cost accountant (in whole-time practice)b) Company secretary in full time employment or Director of the company in which the applicant is to be appointed as a director4. 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”)5. There could be instances of DIR3/DIN Rejection. 6. * 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 DSCa) 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)b) All other documents are same as required for the DIR-3 ApplicationNote: 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 availabilityThe 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 It is also advisable to check any pre-existing Trademarks already registered with the Company name being Proposed, since RoC normally scrutinises the same & may reject the Proposed names on that basis (if similar TM Name is already registered). Promoters should search for any existing Trademark using Controller General of Patents Designs and Trademarks (CGPDTM) / website Check Trademark .Step 3. Application for the Name availabilityAfter 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.Also refer MCA General Circular on Use of word ‘National’, ‘Bank’, ‘Exchange’, ‘Stock Exchange’ in the names of Companies or Limited Liability Partnerships (LLPs). 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 Companyi) Mandatory attachments to e-form INC-71. Memorandum of Association2. Articles of Association3. Declaration by Professional in INC-84. Affidavit from the subscriber to the Memorandum in Form No.INC-95. Proof of residential address which should not be older than two months6. Proof of identity7. Verification of signature of subscribers i.e. Form No. INC-10, in case the company is not having share capital.8. It is mandatory to attach entrenched Articles of association if any of the articles are entrenched.ii) Optional attachments depending upon case1. 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) activities2. NOC in case there is change in the promoters (first subscribers to Memorandum of Association)3. Proof of nationality in case the subscriber is a foreign national4. PAN card (in case of Indian national)5. Copy of certificate of incorporation of the foreign body corporate and proof of registered office address6. Certified true copy of board resolution/consent by all the partners authorising to subscribe to MOAb) Form INC-22 : For Notice of situation of registered officeAttachments to e-form INC-221. Proof of Registered Office address (Conveyance/Lease deed/Rent Agreement along with the rent receipts) etc.2. 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).3. No Objection Certificate or permission to use4. Certification of e-form INC-22 by CS/CA/CWA (in Whole Time Practice)c) Form DIR-12 : For providing information about particulars of appointment of Directors of the company and Key Managerial PersonnelAttachments to e-form DIR-12Following are the Mandatory attachments in case of an appointment of a Director / Manager / Company Secretary / CEO / CFO.1. Letter of appointment2. Declaration by first director in Form INC-93. Declaration of the appointee director, managing director, in Form No. DIR-2Step 6. Payment of RoC Fees & Stamp DutyAfter 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.Step 7. Verification of documents / forms by RoCAfter 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 RoCOnce 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.Reference - Ministry of Corporate Affairs WebsiteThanks for A2A !
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What's the procedure to obtain a class 2 medical certificate in India?
I had my class 2 medical assessment done in Kolkata last year-which I cleared with ease-and I would love to share my experience.The entire process takes a lot of time, which ensures a very long answer, but with that being said I can promise you with all the minor details, be patient and have a good read. But first some common questions which most people may ask in the comments and I won't be available to reply for another 1 year.When to apply?The best time is to apply a year before you plan to start flying. That means you must apply for it during your summer vacations if you plan to start f...
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What is the procedure to establish and incorporate an LLP in India?
Greeting !!!Step by step procedure of LLP (Limited Liability Partnership) Formation, in India.Step 1: Apply for DIN 1Apply for obtaining DIN (Director Identification Number) of proposed Designated Partners.Need to attach following documents (self attested) by an applicant along with DIN1 Form:-a) 1 passport size photograph in physical or a soft copy (in .JPEG format)b) Address Proof: Passport / Driving license having pin code / Election card. Or Electricity bill / Telephone bill / Bank statement certified by Bank Manager which should not be older than 2 months.c) Identity Proof: PAN Card (Mandatory field of DIN form)d) Email address of the applicant (Mandatory field of DIN form)e) Mobile Number (Mandatory field of DIN form)f) Annexure DIN1 (Verification of an applicant) to be signed by an applicantIn case of Foreign Partner / NRI, the Passport copy is mandatory requirement as a proof of identity. The address proof should not be older than 1 year from the date of filing of the eForm. The Passport copy and address proof should be signNowd by the Consulate of the Indian Embassy, Foreign public notary or Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.Step 2: APPLY FOR DIGITAL SIGNATURE CERTIFICATE:Need to apply for Digital Signature Certificate of 2 Designated Partners. Need to attach documents (Identity Proof and Address Proof) with DSC application form same as mentioned for DIN 1. An applicant is required to affix photo and sign across the photo on DSC application form and on 2nd page.In case of a Foreign Partner / NRI, the Passport copy and address proof should be signNowd by the Consulate of the Indian Embassy, Foreign public notary or Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.Step 3: APPLICATION TO GOVERNMENT FOR NAME AVAILABILITY OF THE PROPOSED LLPNeed to file e-Form 1 with www.llp.gov.in for name availability. The applicant also need to give 5/6 proposed names in preference along with their meaning and significance of each word.Step 4: VERIFICATION OF DOCUMENTS AND FORMS BY GOVERNMENTAfter this, Form 1 shall be checked by the Government (Registrar of Companies) in detail and may suggest some changes to be made in the attachments or form itself. Need to make necessary changes, if any.Step 5: FILLING OF INCORPORATION DOCUMENT & SUBSCRIPTION STATEMENT (E-FORM 2)After Form 1 is approved by the Government (Registrar of Companies), the next step is to file Incorporation Document & Subscription Statement in E-Form2.Attachments:-1) Address Proof (Electricity/Telephone/Property Tax Bill) of not older than 2 months self attested by one of the partners.2) Incorporation Document & Subscription Statement (signed by each Designated Partner and witnessed by Professional).Step 6: CERTIFICATE OF INCORPORATIONAfter verification by government (ROC) and satisfied by it, it shall send soft copy of Certificate of Incorporation via email in Form 16 and physical Certificate of Incorporation by post.Step 7: DRAFTING OF LLP AGREEMENTNeed to draft LLP agreement duly printed on Stamp Paper and signed by each Designated Partner with the signatures of two witnesses. Note : The stamp duty applicable for agreement will vary from State to State depending upon the total contribution of LLP.Step 8: FILING OF LLP AGREEMENT (E-FORM 3)Need to file following e-forms with the Government simultaneously within 30 days from the date of receipt of Certificate of Incorporation.a) Form 3- LLP AgreementAs per updated ROC Procedure, no need to file Form 4 for appointment of same partners mentioned in Form 2. Refer the **Note** at the end for more details.Step 9: APPROVAL OF FORM 3After verification by the Government and satisfied by it, it approves LLP Agreement. This is the last step of LLP Incorporation. The Company can start it’s business now onward.**Note** : Any existing Limited Liability Partnership (LLP) will need to file the particulars of designated partners/ partners with the registrar at the time of their appointment along with any subsequent changes in the particulars of partner(s) thereafter. eForm 4 is required to be filed for appointment of new Partners and/ or cessation/change in designation of existing partner/ designated partner. No need to file Form 4 for appointment of same partners mentioned in Form 2. The change in the particulars of designated partner or partner having DIN shall be updated in the system through eForm DIN 4 and LLP shall file an intimation thereof in this form.Be Peaceful !!!
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How can I form a LLP in India without any Consultants Help?
How can I form a LLP in India without any Consultants Help ? Form your LLP in India:1) Digital Signatures for the Designated Partners: - The First step to form an LLP is to obtain Digital Signatures for ALL the Designated Partners. A Digital Signature is used for filing all Forms with the ROC. For obtaining one you need to submit an application along with copies of your PAN Card and Address Proof. Generally a 2 day process.2) DIN Numbers for the Designated Partners: - After having obtained the Digital Signatures, an Application must be made to the ROC for the allotment of DIN/DPIN numbers to the Designated Partners. The process of obtaining a DIN (Di...
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