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FAQs
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How do I register a Pvt. Ltd. company?
Steps to Register Private Limited Company:-Step 1. Digital Signature Certificate(DSC) RequiredThe first and foremost step to start the registration process is to have directors & shareholders Digital Signature Certificate. Digital Signature are nothing but a USB drive(DSC token) which contains the encrypted digital signature of a person.It is same as a person is signing with a pen on a paper and with digital signature, a person can sign a document on Computer.Step 2. Directors Identification Number(DIN)Directors Identification Number(DIN) are mandatory for every person, who wishes to become a director in any company. PAN card is mandatory to have a DIN number. Director Identification Number is a unique code which has lifetime validity.Documents required for DIN ApplicationPAN CardAdhar CardElectricity BillPhone billMobile BillBank StatementNote: There can be Maximum 15 Directors in a Private Limited Company which can be received by giving Notice to ROCStep 3. Name ReservationAfter having DIN number. Name Reservation Application can be filed through Form INC-1 and Name will be reserved by the DIN numbers of the Directors. Following points should be considered while making the application for Name Reservation.The name should not be similar to any existing company or LLP name.The name should not be similar to any Registered Intellectual Property.In the event of winding-up of a company, the name of such entity will not be available for use for the next 2 years. However, if company winds up by the court order, then the name of such entity will not be available for use for the next 20 years.Step 4. Drafting of Memorandum of Association(MOA) and Article of Association(AOA)Memorandum of Association: It is the constitution of a company. It is a document, which among other things, defines the areas within which the company can act. It states the objects for which the company has been formed. Articles of Association: It contains the rules and regulations relating to the internal management of a company. It serves as a binding contract between the company and its members. Once the company name is approved by the ROC, the subsequent step is to draft the MoA and AoA. The subscribers need to determine their name, address, and occupation in their own particular handwriting and sign the subscription pages of MoA and AoA.Step 5. Certificate of IncorporationAfter the submission and completion of all the necessary documents, the registrar of the company shall retain and register the memorandum and articles. After the registration of the Memorandum of a company, the registrar shall signNow that the company is incorporated. The digitally signed "certificate of incorporation" then will be emailed to the directors.
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Should India become digital country or paperless?
YES Obviously,Six months ago, when Bill Gates, Chairman of Microsoft, visited Bengaluru and met the iSpirit team, he was curious about ‘India Stack’. He was also eager to know about the rapid pace at which the country managed to register 95 percent of its citizens on an identification database called Aadhaar. The volunteers of iSpirit—a software product think tank—obliged and a crack team consisting of Nandan Nilekani, Pramod Varma, Sanjay Jain along with Sharad Sharma, Founder of iSpirit, made a presentation to Gates about India’s digital revolution waiting in the wings.In the end, Gates saw the ‘India Stack’ as the shining beacon of technology to propel change. He is known to have used the words “cutting-edge” and was overheard saying, “there are few countries which can boast of a digital infrastructure as sophisticated.” He added that the vision of transforming India through application of technology had received new impetus.On India Stack, Nilekani, Co-founder of Infosys and former Chairman of Unique Identification Authority of India (UIDAI), says, “This is a technology platform that delivers complete services to citizens transparently and is focussed on improving lives.”. He adds that it was a product of several years of innovation starting with the UIDAI’s Aadhaar platform. “This is India’s single most important innovation to formalise India’s domestic economy through digital services,” he says.What is India Stack?In simple terms, India Stack is:· A paperless and cashless service delivery system.· The stack is a new technology paradigm that is scalable to handle massive data inflows, and is poised to enable entrepreneurs, citizens and governments to interact with each other transparently.· It is an open system to electronically verify businesses, people and services.· It gives the data to the concerned individual and lets him decide who he can share the data with. The smartphone will be the delivery platform for services such as digital payments, identification and digital lockers.· It is the largest application programming interface (API) on the planet.· Poised to change the lives of 1.1 billion Indians.This open API policy was conceived around 2012, when the Central government realised that it cannot deliver citizen services on its own efficiently. So it proposed, based on its experience with Aadhaar, an open-data initiative supported by an open API policy, which would pave the way for private technology solutions to build services on top of Aadhaar. This was a signNow development because it was the first time that the government conceded it needed entrepreneurs to build on top of a stack to deliver services.Here are the 5 tenets of India Stack and the Startups leveraging itPaperless identification: Aadhaar’s 12-digit unique identification number, floated by the UIDAI in 2009, has more than one billion Indians registered who have became the basis for the India Stack. The government uses the platform to transfer subsidies directly into the beneficiaries' accounts. Today, Jandhan Yojana (the subsidy scheme) and Aadhaar, along with mobile, are termed as the JAM trinity for public services. The JAM has delivered direct benefits of Rs 61,000 crore in the form of fertilizer subsidies and other welfare schemes. Over 190 million accounts have been opened so far as per records available on Jandhan website. All these accounts have been opened after using Aadhaar, which has helped beneficiaries receive money in their accounts.“The advantages of such a system are that all leakages in the subsidy and welfare system disappear,” says Nilekani.This system of identification and delivery of services is already being used by the startup world. One only has to visit the 50,000 merchants aggregated by Novo Pay to understand how money transfers happen digitally for citizens with the aid of the local kirana store. Novo Pay uses the Aadhaar platform to verify citizens to enable them to open bank accounts or transfer money to any bank across the country, or make payments for bills or buy products through the kirana network.“We use Aadhaar to deliver banking services to citizens. Novo Pay’s network operating centre also tracks the business cycle of each kirana which gives them an overview of the financial services that consumers experience,” says Srikanth Nadhamuni, Co-founder of NovoPay. In the future, the company can also work with banks to verify and provide loans to people through the kirana network. “We are going after the long tail and it is a business that takes years to build, which when it signNowes critical mass can change financial services in the country,” says Nadhamuni. The smartphone can also become central to verification because all the information goes to the registered phone number.(from L-R) Sridhar Rao, CEO Novopay with Vinod Khosla, Chairman Khosla Labs and Srikanth Nadhamuni, Chairman NovopayPaperless payments: Novo Pay also allows mobile payments through the smartphone. This can become India Stack’s signature delivery mechanism to make India a digital cash economy. The paperless payment is a brainchild of the National Payments Council of India (NPCI), which is a consortium of Indian banks. This organisation along with iSpirit floated the Unified Payments Interface (UPI), which will make mobile payments cardless and completely digital. It will break the back of foreign payment platforms or switches (MasterCard and Visa), which so far charged high commissions to settle rupee transactions.The UPI allows consumers to transact directly through their bank account with a unique UPI identity, which syncs to Aadhaar’s verification and connects to the merchant, the settlement and the issuing bank to close a transaction. In a single swipe the transaction is complete, without any middleman (like the Visa and Mastercard switch) to facilitate the transaction.Here is an explanation of how this system works.There are several companies offering paperless payments today, like PayTM, FreeCharge and MobiKwik. There is a startup called FonePaisa, which is aggregating all payment apps under one platform to pay the kirana or any business. YourStory reported first on how Flipkart can use PhonePe, a startup that it acquired, to enable payments through the UPI. Let us say that the consumer is browsing through a catalogue and he finds his favourite product. He opts to pay through the UPI method. Flipkart’s system asks the consumer for his or her UPI identity and the consumer inputs it. Then, a bank notification pops up on the Flipkart app or in the bank’s app asking the consumer to authenticate the transaction. The consumer inputs his fingerprint as authentication and the transaction is settled between the banks, the e-commerce company and the customer.“Most of us are building this form of payment for even retail transactions. Imagine that this system can bring 50 million mom-and-pop stores online and they can accept digital payments because of the UPI,” says Ritesh Agarwal, Co-founder of FonePaisa, adding that India will have a hybrid payments industry and that there will not be any one payment stack that will remain popular.FonePaisa's team is building seamless digital payments for consumes with offline merchants & can build on top of the Aadhaar framework to enable payments.However, the UPI will benefit Indians who have never experienced digital payments, and is clearly focussed on bringing 900 million Indians into the digital fold. “The only problem with the long tail is cultural. Will people begin to trust digital cash over physical cash? It becomes a hard habit to break. However, it is an opportunity nevertheless,” says Sarath Naru, Managing Partner of VentureEast.Paperless documents: Although digitisation is growing, India consumes the largest amount of paper. According to corporate ratings and research agency India Ratings, the per-capita consumption of paper is 9kg and is all set to double by 2020 because of the growth of the education industry. But with smartphone prices dropping, at least financial services and the healthcare industry can move to a paperless scenario in major cities with the help of India Stack. The Stack’s APIs allow startups to bring solutions that can make documents go digital.A large consumer goods company can use the India Stack to file taxes and track the filings made by its entire ecosystem, of distributors or dealers to reconcile taxes, to avoid legal complications arising from double taxation. This automated service provided by startups with the India Stack gives the corporate a dashboard and performance analytics on the right amount of taxes paid and owed. Startups like Clear Tax and Tax Mantra can provide this scalability by using India Stack. The platform can also be secured for each corporate with their own digital identity. The use cases for paperless documents are plenty.E-KYC: Today, many banks are yet to insist on an e-KYC (electronic Know Your Customer) on their platforms. However, when they integrate their infrastructure with India Stack, the Aadhaar number becomes the defacto KYC. Prepaid digital wallet Oxigen allows e-KYC. Axis Bank has allowed Aadhaar to become the e-KYC platform across all its 2,000 branches.“A key challenge for the customers while opening bank accounts is providing address proof, identity proof and physical copies of documents. E-KYC simplifies the customer experience for the Aadhaar-registered individuals to open bank accounts” says Shikha Sharma, CEO of Axis Bank. Only the top 50 banks in India have agree to make e-KYC a norm.Digital signature: This would be the last mile to cross, and can be made simple between two or more parties executing contracts over the mobile. Individuals or entities can use the Aadhaar ecosystem to send digital signatures on a certified or legal document. Today, most HR offers are online documents that contain digital signatures. But there is a single source of paper still. Imagine, if the entire document is a digital template. When an employee has to accept an offer, he sends the document duly signed by a digital signature. This has several applications too.A road not far awayIn many ways, India is a complex nation. It has cultural differences, yet technology seems to be the tool that can break barriers. Yet, England’s exit from Europe signals a new shift in the world. It is fast becoming a world that is shrinking back into nationalism and protected markets. India has a huge domestic market where services can be streamlined with the help of technology. Any delay on that front can be detrimental, in the form of lack of education and healthcare. “India is a nation of extremes. We are solving problems, but the services aided by technology must signNow a larger mass of people faster,”
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What is the best form for a subsidiary of a foreign company in India?
The term subsidiary means a there should be either a private limited company or a public limited and at least 51% of its entire equity capital should be held by some other Indian or foreign company. To incorporate a subsidiary of a foreign company, the following article will help:How to incorporate a wholly owned subsidiary in India?Any foreign company can incorporate a wholly owned subsidiary company in India. In India, private limited companies are most popular form of business structure and therefore most obvious choice of foreign companies. In an Indian private limited company, there can two shareholders and two directors and at least one Director should be resident in India. 100% shareholding of an Indian private limited company can be owned by its foreign holding company and the requirement of having at least two shareholders can be fulfilled by giving one share to the nominee of foreign company. Wholly owned subsidiary company incorporation process is fast and hassle free and can be completed online. That means the promoters or their nominee doesn’t have to necessarily fly to India to incorporate a wholly owned subsidiary company. The step by step incorporation process is discussed below:Obtaining Digital Signature CertificateSince all incorporation papers are submitted to the Central Registration Centre, Ministry of Corporate Affairs (registering authority to register all types of Companies in India) online, so all the Individual promoters are required to have a class II type of digital signature certificate issued by any private agency such as SIFY and/or E-Mudhra. These agencies holds a license from the signNowing Authority (Under the provisions of Indian Information Technology Act, 2004) to issue digital signature certificates to individual and organisations.Digital signature certificates are generally valid for one or two years and can be used after incorporation as electronic signature of the individual promoter for submitting any document with the MCA or the Income Tax Department.To obtain digital signature certificate, the applicant has to fill, affix his/her passport size recent colour photograph and sign an application form of issuing organisation (SIFY and/or E-Mudhra). This application form is submitted to the issuing authority along with a self-attested and notarised/apostilled proof of identity and proof of address of the applicant. In case the proof of identity and address is not in English language, then a certified translated copy of the same shall be submitted along with the filled in and signed application form.1. Filing name application and obtaining name approval from the Central Registration Centre, Ministry of Corporate AffairsAfter the introduction of SPICe (A single form for submitting incorporation application), name of proposed company can be submitted in SPICe. However, it is general practice to file name application in RUN (Reserve Unique Name) and obtain name approval certificate from the Central Registration Centre, Ministry of Corporate Affairs before preparing the Memorandum and Articles of Association and SPICe. RUN is filed online after logging in on Ministry Of Corporate Affairs. Two options for the proposed name, in order of preferences, can be submitted. At this stage, a certified true copy of the Board resolution of parent company, giving no objection for the incorporation of a subsidiary company in India and authority to any Individual to sign the papers on its behalf will be necessary. The copy of Board resolution should be notarised/apostilled, in the home country of parent company. In case the parent company has any registered trademark in India, or elsewhere, and the same is being used in the name of proposed Indian company, a no objection of the parent company in the form of Board resolution along with trademark registration certificate shall also be necessary to get name approved.The Central Registration Centre shall provide two opportunity to the applicant, in case the name applied is not available for registration, thereafter a fresh name application in Form RUN shall be filed. MCA fee for filing Form RUN is INR. 1,000/- which is non-refundable.Once approved, the name shall be available for registration for 20 days and after expiry of 20 days, the approved name shall automatically be withdrawn and a fresh name application shall be filed to get the same name again. In short - incorporation papers must be submitted within 20 days of name approval.2. Memorandum of Association (MOA) and Articles of Association (AOA)The main constitutional documents of an Indian company is its Memorandum of Association and Articles of Association. The Memorandum of Association contains the objectives of the company and details of Company's promoters and their ownership in the company and also their liability in case of liquidation. The Articles of Association is also very crucial piece of document and it contains the rights, duties, obligations of promoters and directors. It defines working relationship of company with its promoters and directors. The company's Memorandum of Association and Articles of Association has be very carefully drafted as a company cannot go beyond the provisions of its Memorandum and Articles of Association.The Memorandum and Articles of Association contains subscriber page, which needs to filled in and signed by the promoters of the proposed company. In case promoter is a body corporate, the subscriber page of the Memorandum and Articles of Association shall be signed by the person authorised by the parent company through a Board resolution. In case subscription pages are being signed outside India, the same needs to be properly notarised/apostilled in order to be a legally recognised document in India. In case promoters are traveling to India to get the company incorporated and sign subscription page or other incorporation papers, they must travel to India on a valid Business Visa. However, it is not necessary for the promoters to travel to India for simply incorporating a company and an Indian company can be incorporated without requiring the promoters to fly from their home country.3. Preparation and submission of SPICe (Incorporation Papers)Once company's Memorandum and Articles of Association is finalised and executed, an incorporation application shall be prepared in SPICe and submitted online with the Central Registration Centre, Ministry of Corporate Affairs. In order to prepare SPICe, the following information and papers shall be necessary:à Service Request Number of RUN (Name application Form), in case name is reserved earlier. In case the applicant has not reserved the name earlier, name application can be filed in SPICe as well. However, it is advisable to get the name reserved through RUN to be double sure about name and avoid procedural hurdles in case the proposed name faces rejection from the Central Registration Centre;à Main business activity code of the proposed company;à Particulars of registered office address: In India, every company must have a Indian address to be used as registered office of the company within fifteen days of incorporation. Particulars of registered office address can be submitted in SPICe at the time of incorporation. In case registered office address is not finalised, then particulars of a local communication address has to be provided in SPICe and company can submit the particulars of its registered office in Form INC – 22 within 15 days of incorporation;à Particulars of Authorised and Paid-up share capital of the company: There is no requirement to have minimum paid-up share capital and therefore, paid-up share capital can be as low as INR. 1/-. The authorised share capital or nominal capital is maximum limit of share capital, a company can issue shares. Presently there is no incorporation fee for keeping the authorised share capital upto INR. 1 Million and only stamp duty has to be paid on authorised share capital. It is advisable to keep the authorised capital INR. 1 Million at the beginning. The company's authorised capital may be increased at later stage after incorporation as per the requirements of capital;à Particulars of Directors/Shareholders: After introduction of SPICe, the application for allotment of DIN (Director Identification Number) is submitted at the time of incorporation itself through SPICe. DIN is a eight digit unique number allotted to all the Directors by the Central Government and is valid for lifetime. To obtain, the Directors/Promoters has to their passport and any document establishing proof of address. The copy of passport and proof of address must be self-attested, duly notarised and/or apostilled. In case these documents are not in English language, then a certified translated copy shall also be necessary. In SPICe, the names, father's name, residential address, nationality, residential status, occupation, education qualifications, the number of shares to be held by them in the company and amount paid-up etc. shall be mentioned. Particulars for allotment of PAN and TAN shall also be filled in the SPICe. After filling the necessary details in the SPICe, necessary attachments such as affidavits, consent letters, Memorandum of Association, Articles of Association, Proof of Identity and address of promoters, Board resolution of parent company, no objection of parent company for letting the proposed Indian company use its name etc. shall be attached. The SPICe has be be digitally signed by the applicant and the same shall be duly certified by a practicing professional such as a practicing Company Secretary, Chartered Accountant or a practicing Cost Accountant.4. Clarifications | Additional information requested by the Central Registration CentreAfter submitting SPICe online, all the papers are reviewed and scrutinised by the officials at the Central Registration Centre and they may require some additional information and/or clarifications by sending back the form for its re-submission. These clarifications are requested through e-mail though re-submission request. Upon receipt of re-submission request, the applicant has to again prepare SPICe and address the queries raised by Central Registration Centre and re-file the application.5. Certificate of Incorporation & Allotment of PAN & TANOnce all clarifications are provided and officials of Central Registration Centre are satisfied, they approve SPICe and send the same to the Income Tax Department for the allotment of PAN and TAN to the proposed company. PAN and TAN are generally allotted within few hours and after allotment of PAN and TAN by the Income tax department, an electronic Certificate of Incorporation is generated. The electronic Certificate of Incorporation contains company name, an unique CIN, date of incorporation, Company's registered office address, Company's PAN and TAN. After incorporation, first Board meeting of the company is to be necessarily held within one month of incorporation, wherein a Board resolution to appoint the first auditors of the company and opening of corporate bank account shall be passed. After issuance of Certificate of Incorporation, the promoters can initiate the process of bank account opening and remittance of share application money in Company's bank account. To open a corporate bank account in India, the Directors of the Company will have to be physically present to sign the bank account opening documents as this is general practice adopted by banks.Since the Narendra Modi government came into power in 2014, many initiatives to promote the business climate of the country has been taken by the Government. India's incorporation process is effectively fast and simple and a company can be incorporated in 2-3 business days only.We at Pratham Legal can help you incorporate your wholly owned subsidiary in India. To get in touch with me, please write me at prashant@prathamlegal.comor call me at +91 9821008011. To know more about Pratham Legal, our India entry practices, please visit https://prathamlegal.com/our-pra...
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How do I company registration online?
Are you looking for Experts in Private Limited Company Registration online?When it comes to private limited company registration in India, then Virtual Auditor would be your most preferred choice.When you start Private limited company registration online in India, you need to aware ofPrivate limited companyLLP (limited liability Partnership)One Person Company.Depending upon the legal entity apart from the founders, if you have investors then you can call them as Shareholders. In most of the cases, in the starting founders & shareholders are the same because they are investing the money in business and run as bootstrapping.So here is the short guide to choosing the right legal entity to start a business in Indiaa) Private Limited Company Registration –When you have the two co-founders or want to raise the money from angel investors or venture capitalist in future then always go with the private limited company registration in India.b) Limited Liability Partnership | LLP Registration – When you have two partners or co-founders but have enough money to invest in the startup for the long terms & need limited liability in the business then go with the LLP company registration in India.c) One Person Company Registration –OPC is similar to the private limited company so it’s a best when you are the single founder of the company & need just a limited liability in the business with company legal status and 100% control over the business then go with the One Person company registration in India.Apart from above 3 legal entity if you have any business ideas which is untested then you have to always choose the simple sole proprietorship company registration in Bangalore to test the ideas before going proper pvt ltd company registration.To know more about the company registration in india, do feel free to get in touch with our service experts who would be glad to help you in every possible way. For more details contact us +91 9176044244Choose Virtual Auditor. Complete procedure and Guidelines available in this link Company Registration Steps - Reuters
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How do we open an American subsidiary company in India?
Any foreign company can incorporate a wholly owned subsidiary company in India. In India, private limited companies are most popular form of business structure and therefore most obvious choice of foreign companies. In an Indian private limited company, there can two shareholders and two directors and at least one Director should be resident in India. 100% shareholding of an Indian private limited company can be owned by its foreign holding company and the requirement of having at least two shareholders can be fulfilled by giving one share to the nominee of foreign company. Wholly owned subsidiary company incorporation process is fast and hassle free and can be completed online. That means the promoters or their nominee doesn’t have to necessarily fly to India to incorporate a wholly owned subsidiary company. The step by step incorporation process is discussed below:Obtaining Digital Signature CertificateSince all incorporation papers are submitted to the Central Registration Centre, Ministry of Corporate Affairs (registering authority to register all types of Companies in India) online, so all the Individual promoters are required to have a class II type of digital signature certificate issued by any private agency such as SIFY and/or E-Mudhra. These agencies holds a license from the signNowing Authority (Under the provisions of Indian Information Technology Act, 2004) to issue digital signature certificates to individual and organisations.Digital signature certificates are generally valid for one or two years and can be used after incorporation as electronic signature of the individual promoter for submitting any document with the MCA or the Income Tax Department.To obtain digital signature certificate, the applicant has to fill, affix his/her passport size recent colour photograph and sign an application form of issuing organisation (SIFY and/or E-Mudhra). This application form is submitted to the issuing authority along with a self-attested and notarised/apostilled proof of identity and proof of address of the applicant. In case the proof of identity and address is not in English language, then a certified translated copy of the same shall be submitted along with the filled in and signed application form.1. Filing name application and obtaining name approval from the Central Registration Centre, Ministry of Corporate AffairsAfter the introduction of SPICe (A single form for submitting incorporation application), name of proposed company can be submitted in SPICe. However, it is general practice to file name application in RUN (Reserve Unique Name) and obtain name approval certificate from the Central Registration Centre, Ministry of Corporate Affairs before preparing the Memorandum and Articles of Association and SPICe. RUN is filed online after logging in on Ministry Of Corporate Affairs. Two options for the proposed name, in order of preferences, can be submitted. At this stage, a certified true copy of the Board resolution of parent company, giving no objection for the incorporation of a subsidiary company in India and authority to any Individual to sign the papers on its behalf will be necessary. The copy of Board resolution should be notarised/apostilled, in the home country of parent company. In case the parent company has any registered trademark in India, or elsewhere, and the same is being used in the name of proposed Indian company, a no objection of the parent company in the form of Board resolution along with trademark registration certificate shall also be necessary to get name approved.The Central Registration Centre shall provide two opportunity to the applicant, in case the name applied is not available for registration, thereafter a fresh name application in Form RUN shall be filed. MCA fee for filing Form RUN is INR. 1,000/- which is non-refundable.Once approved, the name shall be available for registration for 20 days and after expiry of 20 days, the approved name shall automatically be withdrawn and a fresh name application shall be filed to get the same name again. In short - incorporation papers must be submitted within 20 days of name approval.2. Memorandum of Association (MOA) and Articles of Association (AOA)The main constitutional documents of an Indian company is its Memorandum of Association and Articles of Association. The Memorandum of Association contains the objectives of the company and details of Company's promoters and their ownership in the company and also their liability in case of liquidation. The Articles of Association is also very crucial piece of document and it contains the rights, duties, obligations of promoters and directors. It defines working relationship of company with its promoters and directors. The company's Memorandum of Association and Articles of Association has be very carefully drafted as a company cannot go beyond the provisions of its Memorandum and Articles of Association.The Memorandum and Articles of Association contains subscriber page, which needs to filled in and signed by the promoters of the proposed company. In case promoter is a body corporate, the subscriber page of the Memorandum and Articles of Association shall be signed by the person authorised by the parent company through a Board resolution. In case subscription pages are being signed outside India, the same needs to be properly notarised/apostilled in order to be a legally recognised document in India. In case promoters are traveling to India to get the company incorporated and sign subscription page or other incorporation papers, they must travel to India on a valid Business Visa. However, it is not necessary for the promoters to travel to India for simply incorporating a company and an Indian company can be incorporated without requiring the promoters to fly from their home country.3. Preparation and submission of SPICe (Incorporation Papers)Once company's Memorandum and Articles of Association is finalised and executed, an incorporation application shall be prepared in SPICe and submitted online with the Central Registration Centre, Ministry of Corporate Affairs. In order to prepare SPICe, the following information and papers shall be necessary:à Service Request Number of RUN (Name application Form), in case name is reserved earlier. In case the applicant has not reserved the name earlier, name application can be filed in SPICe as well. However, it is advisable to get the name reserved through RUN to be double sure about name and avoid procedural hurdles in case the proposed name faces rejection from the Central Registration Centre;à Main business activity code of the proposed company;à Particulars of registered office address: In India, every company must have a Indian address to be used as registered office of the company within fifteen days of incorporation. Particulars of registered office address can be submitted in SPICe at the time of incorporation. In case registered office address is not finalised, then particulars of a local communication address has to be provided in SPICe and company can submit the particulars of its registered office in Form INC – 22 within 15 days of incorporation;à Particulars of Authorised and Paid-up share capital of the company: There is no requirement to have minimum paid-up share capital and therefore, paid-up share capital can be as low as INR. 1/-. The authorised share capital or nominal capital is maximum limit of share capital, a company can issue shares. Presently there is no incorporation fee for keeping the authorised share capital upto INR. 1 Million and only stamp duty has to be paid on authorised share capital. It is advisable to keep the authorised capital INR. 1 Million at the beginning. The company's authorised capital may be increased at later stage after incorporation as per the requirements of capital;à Particulars of Directors/Shareholders: After introduction of SPICe, the application for allotment of DIN (Director Identification Number) is submitted at the time of incorporation itself through SPICe. DIN is a eight digit unique number allotted to all the Directors by the Central Government and is valid for lifetime. To obtain, the Directors/Promoters has to their passport and any document establishing proof of address. The copy of passport and proof of address must be self-attested, duly notarised and/or apostilled. In case these documents are not in English language, then a certified translated copy shall also be necessary. In SPICe, the names, father's name, residential address, nationality, residential status, occupation, education qualifications, the number of shares to be held by them in the company and amount paid-up etc. shall be mentioned. Particulars for allotment of PAN and TAN shall also be filled in the SPICe. After filling the necessary details in the SPICe, necessary attachments such as affidavits, consent letters, Memorandum of Association, Articles of Association, Proof of Identity and address of promoters, Board resolution of parent company, no objection of parent company for letting the proposed Indian company use its name etc. shall be attached. The SPICe has be be digitally signed by the applicant and the same shall be duly certified by a practicing professional such as a practicing Company Secretary, Chartered Accountant or a practicing Cost Accountant.4. Clarifications | Additional information requested by the Central Registration CentreAfter submitting SPICe online, all the papers are reviewed and scrutinised by the officials at the Central Registration Centre and they may require some additional information and/or clarifications by sending back the form for its re-submission. These clarifications are requested through e-mail though re-submission request. Upon receipt of re-submission request, the applicant has to again prepare SPICe and address the queries raised by Central Registration Centre and re-file the application.5. Certificate of Incorporation & Allotment of PAN & TANOnce all clarifications are provided and officials of Central Registration Centre are satisfied, they approve SPICe and send the same to the Income Tax Department for the allotment of PAN and TAN to the proposed company. PAN and TAN are generally allotted within few hours and after allotment of PAN and TAN by the Income tax department, an electronic Certificate of Incorporation is generated. The electronic Certificate of Incorporation contains company name, an unique CIN, date of incorporation, Company's registered office address, Company's PAN and TAN. After incorporation, first Board meeting of the company is to be necessarily held within one month of incorporation, wherein a Board resolution to appoint the first auditors of the company and opening of corporate bank account shall be passed. After issuance of Certificate of Incorporation, the promoters can initiate the process of bank account opening and remittance of share application money in Company's bank account. To open a corporate bank account in India, the Directors of the Company will have to be physically present to sign the bank account opening documents as this is general practice adopted by banks.Since the Narendra Modi government came into power in 2014, many initiatives to promote the business climate of the country has been taken by the Government. India's incorporation process is effectively fast and simple and a company can be incorporated in 2-3 business days only.We at Pratham Legal can help you incorporate your wholly owned subsidiary in India. To get in touch with me, please write me at prashant@prathamlegal.comor call me at +91 9821008011. To know more about Pratham Legal, our India entry practices, please visit https://prathamlegal.com/our-pra...
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What are the requirements and procedures to register a section-8 company?
Incorporation of a Section 8 CompanyWhere it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company(a) Has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object;(b) Intends to apply its profits, if any, or other income in promoting its objects; and(c) Intends to prohibit the payment of any dividend to its members,The Central Government may issue license on such conditions...
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