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FAQs
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Is an e-signature legally valid and treated as valuable as an original signature in the court of law in India?
Everyone knows that India is becoming digital and great initiatives have been taken by our PM. E-Signatures are legally valid in India, and businesses can use it without any doubt.Requirements for validityThe Information Technology Act, 2000 provides for the adoption of e signatures and acknowledges two forms of e-signs as having similar legal acceptance as pen-and-paper signatures. These forms specifically acknowledged under the IT Act include:E signatures which incorporate an Aadhaar ID with an electronic Know-Your-Customer (eKYC) method.Digital signatures which are created by an “asymmetric crypto-system and hash function”. For such signatures, the signer is usually issued a long-term certificate-based digital identity number, stored on a USB token, which is used to place a sign on a document.For the above forms of electronic signatures to be legitimate, they must satisfy these further conditions.The signatory of the e signature must be uniqueAt the point of signing, the signatory should be in control of the data employed to generate the e-sign.Any tamper with the signature, or the form to which the signature is placed, must be easily detectable.There must be an audit trail of procedures followed during the signing process.Signer certificates should only be granted by the signNowing Authority.If all these conditions are followed, then there is an obvious legal belief in favor of the legality of any document signed using e-signatures.However there are some documents which Indian law prohibits to be signed electronically. Here is the list of it.Any document listed by the government of India on the official gazettePower of attorneyTrust deedsA will and other forms of testamentary dispositionNegotiable documents such as bills of exchange, drafts, promissory notes and moreDocuments involving any sale of immovable property such as real estateTo learn more about technical and legal overview of electronic signatures in India, Read this article - Electronic Signatures India - Technical & Legal Overview | signNow
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Is electronic signature legally binding in India?
Yes, e-signatures are legally valid in India. In fact, e-signatures have been recognized by the Indian law, with the passage of the Information Technology Act in year 2000.As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly using your Aadhaar ID(ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification)These Aadhaar based e-signatures and digital signatures are valid as long as they satisfy these conditions:(i) Electronic signatures must be uniquely linked to the person signing the document. (in the case of Aadhaar based signatures, they are linked by the unique Aadhaar ID)(ii) At the time if signing, the signatory must have control over the data used to generate the electronic signature (for eg: they should be able to directly affix the electronic signature to the document)(iii) There should be an audit trail of the steps taken during the signing the process(iv) In the case of digital signatures, signer certificates must be issued by signNowing Authority recognized by the Controller of signNowing Authorities appointed under the IT Act.Few of the exceptional cases in which documents cannot be signed electronically and must be executed using traditional handwritten signatures include:(i) Negotiable instruments such as a bill of exchange or a promissory note(ii) Powers of attorney(iii) Trust deeds(iv) Wills and any other testamentary disposition(v) Real-estate contracts such as leases or sales agreements.If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar eSign solution that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go.Here’s an informative ebook that will give you a brief overview of everything you need to know about electronic signature laws in some of the largest economies around the world: The Complete Guide to Electronic Signature Laws
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Can I file ITR without any prior tax declaration?
Yes, you can file ITR without any prior tax declaration.In case you just have crossed the exemption limit i.e. 2, 50,000 and you have become liable to file ITR this year without any prior tax declaration.Or it can be a case where you have just started earning, and will going to file an ITR from the current financial year only.And you can file ITR by following the steps below:Register yourself: To e-file your income tax return, first you have to get registered on the Income Tax department online tax filing website. You have to provide your Permanent Account Number (PAN), name and date of birth and choose a password. Your PAN will be user ID.Choose how you want to e-file: There are two ways of e-filing your income tax return. One is to go to the download section and select the requisite form, save it on your desktop and fill all the details offline and then upload it back to the site. Or you can choose to fill the form online by selecting the Quick e-file option.Select the requisite form:ITR-1: For individuals earning the salary, pension, or income from property or sources other than lottery.ITR-2: For those earnings capital gains. ITR-2A for those owing more than one house but no capital gains.ITR 3,4 and 4S: Professionals and business owners. Form 4S has now been discontinued and merged with ITR-4.Keep documents ready: Keep your PAN, FORM 16, interest statements, TDS certificates, details of investments, insurance and home loans handy. Download form 26AS, which summarizes tax paid against your PAN. You can then validities your tax return with form 26AS to check your tax liability.If you earn more than Rs. 50, 00,000, from this year you will have to fill an additional column – “AL’ or assets and liabilities. You will have to disclose the value of your assets and liabilities and assets have to be declared at cost.Fill form and upload: If you had chosen to fill the form offline, after you have downloaded the form and filled all the details, click on “Generate XML”. Then go to the website again and click the “Upload XML” button. You will have to first log into, upload the XML file saved on the desktop and click on submit.Verify ITR V: On submitting your ITR form, an acknowledgement number is generated. In case the return is submitted using the digital signature, you just have to preserve this number. If the return is submitted without the digital signature, an ITR V is generated and sent to your e=mail Id.The tax filing process is incomplete and ITR is invalid unless your ITR V verified. You can electronically verify or mail the signed ITR V to the processing team in Bangalore within 120 days of filing the return.You can also file your income tax quickly and easily through site allindiaitr.com, which is a government approved intermediary. All India ITR has a team of certified CAs and Tax expert who will take care of all your tax filing needs. The date shared is safe and secure.
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How do I register a startup in India? How much money and time does it take? If am currently only 17, what issues will I face dur
Algorithm for starting a Private Limited Company: Engineer's View Personally I believe, If someone is starting a company with long term perspective or to bring some change through their unique Product/Services, one must go for Private limited firm. Prime reason for this is easy to raise funds from Angels/VC in case you go for investment. Step 1. Registration of Company 1. Name Selection: Check whether your desired company name is available or not at MCA website [ http://www.mca.gov.in/ ]. Name must be unique & must resemble with business you intend to do (highlighted one). EX: Arihant Labs Retail Services Pvt. Ltd 2. Registration of Name at ROC: Name approval usually takes maximum of 14 days. This is done online through MCA website. Moreover, you need to apply with at least 4 names for approval with a writeup about significance of names with main business of the company. 3. 1. Documents Required: 2. 1. Options for names for the proposed Company (on the basis of preference) 2. Amount of Share Capital; proposed shareholding ratio 3. A paragraph on the proposed major line of business of the company (main objects) 4. City of Registered Office. 5. Copy of ownership deed/sale deed(if property is owned) 6. Copy of rent agreement with NOC (if property is rented) 7. Copy of latest electricity bill/telephone bill/mobile bill for both directors 8. Copy of latest electric bill/telephone bill for the registered office proof. 4. Obtaining DIN & DSC: 5. 1. Documents Required 2. 1. PAN Card copies for directors and shareholders. 2. Voter ID/Passport/Driving License for directors and shareholders. 3. Occupation of the Directors for directors and shareholders. 4. E-Mail IDs of all directors and shareholders. 5. Phone Numbers for all directors and shareholders. 6. Photos for directors and shareholders 6. Company Incorporation: After above mentioned formalities have been completed, we need to file following forms/docs in Rs 100 stamp paper: 7. 1. Affidavits for non- acceptance 2. INC 9, INC 10 3. DIR 2 4. NOC : This is required to be filed by the owner of the property on which your company will be situated. 5. Subscriber Sheets of MOA & AOA 6. Documents required for filling MOA & AOA 7. 1. Must be filled on OWN handwriting 2. Passport size photos 3. Sheets needs to be witnessed by CA/CS/Advocate Step 2. Obtaining PAN/TAN: After company gets incorporated, you may apply for PAN/TAN. Step 3. Trade Licence in case you are selling PRODUCTS: This is required in some places for carrying out sales. You can obtain this from local Municipality. Step 4. VAT/CST registration for selling Products: For selling intra-state, you need VAT registration & for selling inter-state, you need to register for CST. 1. Documents Required: 2. 1. Trade Licence 2. Company Incorporation Certificate 3. PAN card of company as well as of all the directors 4. Proof of residence of Directors 5. Proof of occupancy of place of business (Rent agreement/ ownership deed, Rent Bills etc) 6. MOA & AOA of company 7. Current Account in the name of company in any national bank Step 5. Service tax registration for Service Industry: In India, you need to pay service tax of 14.5% on every services you have charged customer for. 1. Documents Required: 2. 1. Company Incorporation Certificate 2. PAN card of company as well as of all the directors 3. Proof of residence of Directors 4. Proof of occupancy of place of business (Rent agreement/ ownership deed, Rent Bills etc) 5. MOA & AOA of company 6. Current Account in the name of company in any national bank That's All folks! Your STARTUP is up to Conquer the World. UPVOTE & SHARE your views/issues We at labkafe [ http://labkafe.com/ ], prefer taxmantra [ http://taxmantra.com/ ] for our legal requirements.
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What is the process to register a company in Chennai?
under the ministry of corporate affairs, every company is to be registered by the register of companies for the state this act maintains two types of companies called public and private companies the limited is the most commonly used corporate form at the end of the company name.There are 4 major steps to register in the companyACQUIRING DIGITAL SIGNATURE CERTIFICATE(DSC)ACQUIRING DIRECTOR IDENTIFICATION NUMBER(DIN)FILLING AN E-FORM OR NEW USER REGISTRATIONINCORPORATE THE COMPANYit is necessary to get registered yourself to run your business without any legal problem. India is a land of opportunities, no matter in which field your business is operating the changes of getting success is very high, so it just needs a start.follow this post we assure you on will end up in getting their business registered after following this procedureDIGITAL SIGNATURE CERTIFICATE:-DSC is a secure digital key that is issued by the authorities for the purpose of validating and signNowing the identity of a person holding this certificate. digital signatures make use of the public key to create a signatureDSC contains information about user name pin code, country, email address, date of insurance of certificate and name of the certyfying authority.DIRECTORS IDENTIFICATION NUMBER:-DIN refers to a unique identification number allotted by the central government to any person intending to be a director or an existing director of the company.it is an 8 digit unique number which has lifetime validity. through DIN details of directors are maintained in a database.NEW USER REGISTRATION:-This is about having a registered user account on MCA portal for filling an e-form, for online fee payment, for the different transaction as registered and business user. creating an account is totally free of cost. to register yourself on MCA portal clink on the link Ministry Of Corporate AffairsAPPLICATION OF THE COMPANY:-This is the final step in the registration of your company which includes incorporating the companyFORM 1:-# FORM- 1A: Application form for availability or change of company name. once you apply for a new company name, the MCA will suggest four different forms of your company name; you have to choose one among them to do the same you have to fill FORM-1A and submit.# FORM-1:- this is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of FORM-1AFORM -18:-# this form is for the notice of the situation of a new company office or change of situation of previously registered office# for a new company you have to fill the form with genuine ofiice address and submit.FORM-32:-# for a new company this forms is for notice of appointment of new directors, managers, and secretary# for an existing company, this form is for change of directors, manager, secretary and company head.after submitting these forms, once the application is approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company. and the status of the form will get changed to approved.for further queries, you can go to our website as given on.https://virtualauditor.in/privat...
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Where can we use class 2 and class 3 digital signature certificates?
Click here for Digital Signature CertificateDigital signature certificates or DSC are required for filing income tax returns, company filings, import export clearance and e-tenders.A Digital Signature is the equivalent of a physical signature in electronic format, as it establishes the identity of the sender of an electronic document in the Internet. Digital Signatures are used in India for online transactions such as Income Tax E-Filing, Company or LLP Incorporation, Filing Annual Return, E-Tenders, etc., There are three types of Digital Signatures, Class I, Class II and Class III Digital Signature. Class I type of Digital Signatures are only used for securing email communication. Class II type of Digital Signatures are used for Company or LLP Incorporation, IT Return E-Filing, Obtaining DIN or DPIN, and filing other forms with the Ministry of Corporate Affairs and Income Tax Department. Class III type Digital Signatures are used mainly for E-Tendering and for participating in E-Auctions. Digital Signatures come in the form of a USB E-Token, wherein the Digital Signature Certificate is stored in a USB Drive and can be accessed through a computer to sign documents electronically.With E-Return filing becoming mandatory for Income Tax Assesses with an income of over Rs.5 lakhs per annum, the requirement and prevalence of Digital Signatures has increased manifold. IndiaFilings can help you obtain your Digital Signature hassle-free online. IndiaFilings is a Registered Partner of SIFY and E-Mudhra.Class II Digital Signatures are used for Income Tax E-Filing, Company or LLP Incorporation, Annual Return Filing, etc., Class II Digital Signatures are required to file documents electronically with the Ministry of Corporate Affairs and Income Tax Department.Difference between Class 2 and Class 3 Digital Signature CertificatesIn this day and age of technology, physical signatures are increasingly being converted to digital media for security reasons. Digital Signature Certificates, (DSC) are simply the electronic equivalent of physical or paper certificates such as identity proofs, driver�s licenses, passports or PAN cards. These certificates can prove to be helpful for many online transactions that require digital proof of identities and to receive and send information on the web safely.Organizations and firms, today require digital signature certificate to better facilitate communication and transactions between them and the Ministry of Corporate Affairs. For companies that have a turnover of more than INR 60 Lakhs have to apply for these certifications mandatorily, and it is considered a legally admissible instrument. Besides, it is always wise to get a digital signature as it offers a high level of security for online transactions by ensuring absolute privacy of the information exchanged. These certificates can also be useful for encrypting information that only the intended recipient can have access to. You can digitally sign information to assure the recipient that it has not been changed in transit, and also verify your identity as the sender of the message.There are two main types of Digital Signature Certificates � Class 2 Certificates and Class 3 Digital Signature Certificate. A Class 2 Digital Signature Certificate is used by individuals and is available for download after verification based on a trusted and pre-verified database. A Class 3 Digital Signature Certificate, on the other hand, is of the highest level as it is issued only after the registrant�s identity verification has been carried out by a Registration Authority.Class 2 Digital Signature Certificates are generally used for filing documents Income Tax, Registrar of Companies and VAT, whereas Class 3 Digital Signature Certificates are needed for e-tendering, which is a procurement process that is conducted online. The aspects where this comes into play include: � Contract download� Evaluation of tenders (May or may not involve e-auctions)� Supplier registration/expression of interest� Submission of bid documentThe Ministry of Company Affairs, Government of India (GoI) has initiated MCA21 program, for easy and secure access to its services in a manner that best suits the businesses and citizens. The MCA21 application is designed to support Class 2 & 3 Digital Signature Certificates (DSC) issued by licensed signNowing Authority under Controller of signNowing Authorities.
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