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FAQs
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Legal professionals, what is your best example of showing that a witness was lying whilst giving their testimony?
The best way still to show that a witness or Accused (“defendant” in some jurisdictions) is lying, is to point them and the court to self contradictions in their testimony, or to give clear evidence by another party or source that rebuts the witness's or Accused's evidence.As an example; a few years ago I prosecuted an Accused who essentially forcefully hijacked the business of the complainants. In the process he committed certain offences such as theft and fraud, amongst others. His defence was that he was not the main actor, he was just taking instructions from his partner who he claimed ...
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How are cracked versions of software created and why are developers not able to prevent it?
Cracked versions of software are created with the use of debuggers. (A debugger is a special type of software that lets programmers deconstruct their software into its constituent parts for the purpose of finding bugs, and thus de-bugging. Additionally debuggers can be used for reverse-engineering, or to see what is inside the software, to learn its logic. The latter method is used mostly by malware researchers to study what malware (or computer viruses) do on-the-inside. But it can be also used by an attacker to "crack" (or bypass) legal software registration, or at times, to alter normal behavior of software, for instance by injecting a malicious code into it.)For the sake of this example, I will assume that the software that is being "cracked" was compiled into a native code, and is not a .NET or a JavaScript based application. (Otherwise it will be somewhat trivial to view its source code.) The compiled native code is a bit more tricky "beast" to study. (Native means that the code executes directly by the CPU, GPU, or other hardware.)So let's assume that the goal of an attacker is to bypass the registration logic in the software so that he or she doesn't have to pay for it. (Later for lolz, he or she may also post such "crack" on some shady online forum or on a torrent site so that others can "use" it too and give him or her their appreciation.)For simplicity let's assume that the original logic that was checking for the software registration was written in C++ and was something similar to the following code snippet:In this code sample "RegistrationName" and "RegistrationCode" are special strings of text that a legitimate software user will receive after paying for the license. (The name is usually that person's actual name or their email address, and the code is some string of unique/special characters that is tied to the name.)In the logic above, the function named "isRegistrationCodeGood()" will check if "RegistrationName" and "RegistrationCode" are accepted using some proprietary method. If they are, it will return true. Otherwise false. That outcode will dictate which branch (or scope) the execution will follow.So the logic above will either show that registration failed and quit:Or, if the registration code and name matched, it will save the registration details in persistent storage (such as the File System or System Registry) using the function named "rememberRegistrationParameters()" and then display the message thanking the user for registering:A "cracker" will obviously want to achieve the second result for any registration code that he or she enters. But they have a problem. They do not have the C++ source code, part of which I showed above. (I hope not!)So the only recourse for an attacker is to disassemble the binary code (that always ships with software in the form of .exe and .dll files on Windows, and mostly as Unix executables inside the .app packages on a Mac.) An attacker will then use a debugger to study the binary code and try to locate the registration logic that I singled out above.Next you can see the flowchart for a snippet of code that I showed in C++, presented via a low-level debugger. Or, as the code will be read in the binary form after compilation:(For readability I added comments on the right with the names of functions and variables. They will not be present in the code that an attacker could see.)(To understand what is shown above an attacker will have to have good knowledge of the Assembly language instructions for the native code.)I also need to point out that having a disassembly snippet like the one above is the final result for an attacker. The main difficulty for him or her is to locate it among millions and millions of other similar lines of code. And that is their main challenge. Not many people can do it and that is why software "cracking" is a special skill.So having found the code snippet above in the software binary file a "cracker" has two choices:1) Modify (or patch) the binary.2) Reverse-engineer the "isRegistrationCodeGood()" function and copy its logic to create what is known as a "KeyGen" or "Key Generator."Let's review both:The first choice is quite straightforward. Since an attacker got this far, he or she knows the Intel x64 Instruction Set quite well. So they simply change the conditional jump from "jnz short loc_7FF645671430" at the address 00007FF645671418 (circled in red in the screenshots) to unconditional jump, or "jmp short loc_7FF645671430". This will effectively remove any failed registration code entries and anything that the user types in will be accepted as a valid registration.Also note that this modification can be achieved by changing just one byte in the binary code from 0x75 to 0xEB:But this approach comes with a "price" of modifying the original binary file. For that an attacker needs to write his own "patcher" (or a small executable that will apply the modification that I described above.) The downside of this approach for an attacker is that patching an original executable file will break its digital signature, which may alert the end-user or the vendor. Additionally the "patcher" executable made by an attacker can be easily flagged and blocked by the end-user's antivirus software, or lead criminal investigators to the identity of the attacker.The second choice is a little bit more tricky. An attacker will have to study "isRegistrationCodeGood()" function and copy it into his own small program that will effectively duplicate the logic implemented in the original software and let him generate the registration code from any name, thus giving any unscrupulous user of that software an ability to register it without making a payment.Vendors of many major software products understand the potential impact of the second method and try to prevent it by requiring what is known as "authentication." This is basically a second step after registration, where the software submits registration name to the company's web server that returns a response back to the software of whether the code was legitimate or not. This is done by Microsoft when you purchase Windows (they call it "Activate Windows") and also by signNow, and many other companies. This second step may be done behind-the-scenes on the background while the software is running, and will usually lead to cancellation of prior registration if it was obtained illegally.So now you know how software is "cracked".Let me answer why it is not possible to prevent it. It all boils down to the fact that any software code needs to be read either by CPU (in case of a binary native code) or by an interpreter or a JIT compiler (in case of JavaScript or .NET code.) This means that if there's a way to read/interpret something, no matter how complex or convoluted it is, an attacker with enough knowledge and persistence will be able to read it as well, and thus break it.There is an argument though that cloud-based software is more secure, which is true, since its (binary) code remains on the server and end-users do not have direct access to it. And even though cloud-based software is definitely the future, it has some major drawbacks that will never allow it to fully replace your conventional software. To name just a few:Not everyone has an internet connection, or is willing to upload their data online. Additionally someone’s internet connection can be very expensive or too slow to make the software run very laggy.Then there’s a question of distributed computing. For instance, Blizzard Entertainment would never make “World of Warcraft” to fully run on their servers due to immense computational resources needed to render every single scene for every player they have. Thus it is in their best interest to let each individual user’s computer to do the rendering instead.As a software developer myself, I obviously don't like when people steal software licenses. But I have to accept it and live with it. The good news is that there are not that many people who are willing to go extra mile and search for a cracked version of software. The main problem for those who do, is that by downloading a patched executable, or an attacker's KeyGen or a Patcher, they are effectively "trusting" him or her not to put anything "nasty" into it that was not "advertised on the package" (stuff like trojans, malware, or keyloggers.) So the question for those people becomes -- is it worth the cost of the software license to potentially infect your system with a nasty virus?On the other side of the equation, some developers react very negatively to any attempts to steal their software licenses. (I was there too.) They try to implement all kinds of countermeasures -- anything from tricking reverse-engineers, to adding booby traps in the code that may do something nasty if the code detects that it is being debugged, to obfuscating or scrambling the code, to enforcing all kinds of convoluted DRM schemes, to blocking users from certain countries. I personally try to stay away from all of those measures. And here's why:A) Any kind of anti-reverse-engineering tactics could be bypassed by an attacker with enough persistence. So why bother and waste my time when I can invest that time into adding something useful to my software that will make it more productive for legitimate users?B) Some code packers could create false positives with antivirus software, which is obviously not good for marketing of that software. It also creates unnecessary complexity for the developer to debug the software.C) Adding booby traps in the code can also “misfire” on your legitimate users, which will really infuriate them and can even lead to lawsuits.D) Any DRM scheme will probably catch some 100 illegal users and greatly inconvenience 10,000 legitimate ones. So why do it to your good customers?E) Our statistics show that about 75% of all illegal licenses come from China, Russia, Brazil, to name the worst offenders. (I also understand that the reason may be much lower incomes that people have in those countries.) The main issue for us though was the fact that if we enforce our DRM or add some strong registration authentication, many people that wanted to bypass our registration would simply use a stolen credit card number. And we had no control over it. Our system will use it to send them a legitimate license only to have the payment bounce in weeks time. As a result we would lose the money that were paid for the license, plus the credit card company will impose an additional chargeback fee to our account, which may range from $0.25 to $20 per bad purchase on top of the license cost.F) As was pointed out in the comments, some companies may actually benefit from allowing pirated copies of their software. Microsoft for instance gets a lot of free publicity from people using their Windows OS, the same goes for signNow with their Photoshop. That is a good point that I agree with.So my philosophy is now this -- if someone wants to go extra mile and steal our software, go for it! They went this far to do it anyway, so they probably have a good reason. On the positive side there are so many other customers that appreciate the work that goes into creating software that greatly outnumber those that don’t.PS. Thank you for all your feedback! It makes me feel good that the knowledge I shared is useful to others.
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How do I fill out the NEET 2019 application form?
NEET 2019 will start from 1 November 2018. The registration will continue from November 1 to November 30, 2018. The unreserved category candidates should have a minimum of 50%, whereas the reserved category candidates should have minimum 45% marks in PCB to appear for NEET examination. Previously CBSE conducted medical entrance examination. From next year onwards, the National Testing Agency (NTA) will conduct the medical entrance exam. The exam pattern will remain the same. The government wants to enhance medical education in India.Important DatesRegistration Starts: November 1, 2018Last Date of registration: November 30, 2018Issue of Admit Card: April 15, 2019NEET 2019 exam: May 5, 2019Result: June 5, 2019Counseling: June/July 2019How to fill up the application form of NEET 2019The applicants have to follow a necessary instruction to fill up the form of NEET examination. As per the instructions are given in the bulletin, the applicants have to fill up the form· The applicants have to fill up the form through online.· From 1 November 2018, onwards the students have to start filling up the form.· The applicants have to upload the scanned pictures of photograph and signature.· A confirmation page will appear after completion of the process. The applicants have to download it.Fees to be paid· For Unreserved Candidates (General and OBC): Rs.1400· For Reserved Candidates (SC/ST/PH): Rs. 750The candidates have to make the payment through net banking, UPI, credit/debit card and e-wallet.Procedure to fill up the Application form· Go to the official website of cbse to fill up the application form. Until last year, CBSE was the governing body to conduct the NEET examination. So the applicants can fill up the form even on the old website of CBSE.· Click on the link “Apply Online”.· The candidates must click on the button present below the page “Proceed to Apply Online NEET (UG) 2019”.For New Registration· Carefully fill up the registration form. Any kind of wrong input will bring difficulty later.· The applicants have to fill all the necessary information like Own Name, Father’s Name, Mother’s Name, Category, DOB, Gender, State of Eligibility, Nationality, Aadhaar Card Number, Email ID, and Mobile Number.· The applicants will get two options “Preview and Next” and “Reset”.· If the applicant does not want to change any information can click “Preview and Next”.· If the applicant wants to change any information has to click “Reset” option.The applicants must note down the registration number to look after the procedure. It is advisable to choose a strong password for security purpose. The students also have to choose a security question. An OTP will be generated in the registered number, then the candidates have to click the submit button.The candidates also have to fill up the necessary personal details. The applicants can take an examination in 11 languages; therefore, it is necessary to choose the medium of the question paper. There are around 249 centers all across India for conducting NEET examination. The applicants have to fill up the permanent address along with the correspondence address as well. Apart from this, the candidates have to fill necessary details like educational qualification, annual income, and occupation of parents and guardians. The candidates also have to choose the dress code. It is necessary to enter the security pin and click on the preview button before submitting. Finally, click on the final button to submit the entire form.Secondly, the candidates have to upload the scanned images of photo and signature with a specific size. The size of the photograph lies between 10kb to 100kb and that of signature varies from 3kb to 20kb in JPEG format.Finally, the candidates will be directed to the link for fee payment purpose. The candidate has to submit the necessary application fee after choosing the bank. At last, the candidates have to take the printout of the final confirmation page.The admit card will be issued by the candidates on April 15, 2019.Best of Luck for NEET 2019.
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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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Why isn't the legal system willing to accept "I never received a notice," as a valid excuse? Why don't they simply mail the impo
When “I never received notice” isn’t a valid excuse, it is because too many people will, frankly, lie about this. People also make affirmative efforts to evade service. And sometimes people decide to just up and move without bothering to tell anyone. Shocking, I know.Thus, formal rules about service make it easy to determine whether service was done properly, and a party claiming lack of notice despite compliance with the rules will be required to prove the likelihood of actual lack of notice before the excuse will be even considered. On the other hand, if the party purportedly giving notice did not comply with the rules, the notice won’t be presumed to be valid without either an acknowledgment or waiver by the defendant.There are two different categories of notices—initial process and subsequent notice.For initial process, the court must obtain jurisdiction over the defendant. Traditionally this was done by personal service within the court’s territorial jurisdiction—the defendant needed to be “tagged.” This tagging was done by the sheriff (or a deputy), an agent of the court itself. If the defendant never showed up in the jurisdiction, the case could not proceed.¹More modern concepts of personal jurisdiction do not place as much emphasis on presence within the place; as any American law student will know, the case of International Shoe Co. v. State of Washington² established that personal jurisdiction could be asserted beyond a State’s boundaries if “minimum contacts” existed and “fair play” suggests that haling a foreign defendant to answer an in-state complaint would be reasonable.Of course, personal service by the state’s sheriff isn’t possible in such a case, and so most states do permit alternative forms of service as a matter of course (sometimes those alternative methods are available domestically as well). The exact requirements may vary by type of case and in any event will be spelled out in local rules of civil procedure; for proper advice you will want to consult a lawyer in the place where the action is. But generally, when initial process is involved, some form of service that leaves no doubt about the service, and the verification of some third party—the sheriff, the Post Office, a process server, &c—is required (the plaintiff in propria persona is not usually allowed to do initial personal service as they have as much motivation to lie about it as does the defendant). That might be personal service by a disinterested adult, another jurisdiction’s deputized sheriff, or service by certified mail.³ This means that someone is in a position to submit proof of the service to the court. (A defendant may also acknowledge service or waive⁴ any defects in service.)Now, for subsequent service, the rules tend to be a bit different. Once a party has been tagged and haled into court, they have a responsibility to themself and to the court to appear and present whatever defence they have to the action. Parties are, of course, entitled to notice of things that happen in the case—ex parte and sealed proceedings are extremely limited. But, at this point, because being party to a suit involves this responsibility, part of it is to keep the court and the other parties apprised of a proper address where notices may be served with a minimum of fuss (and to notify the court if that changes). Usually this is a mailing address and service is made by ordinary mail—which doesn’t require a signature and thus is less hassle for everyone—but in some cases service by e-mail, facsimile transmission, and the like may be agreed to (in the case of electronic case filing systems, e-mail service will likely be mandated as a condition of ECF use). Personal service is still permitted as a method of serving these subsequent papers, but not required. Again as to specific methods of service, you need to consult your local rules of procedure and the local attorney previously suggested.And so, a movant or the court will not be expected to make extraordinary efforts to provide “actual notice” of every single piece of paper by certified mail or personal service and give the defendant the opportunity to delay the case by evading service of motions. Neither will the court or other parties be required to chase a party around in the event of their moving and not leaving a forwarding address.⁵ Service to the “last known address” is almost universally sufficient. And the court won’t be impressed with “I didn’t get notices” when the lack of such notices is apparently the respondent’s own fault.N.B. This answer may be somewhat generalized for the United States; other legal régimes have their own ideas about notices.Notes:¹ A plaintiff unable to effect service could, of course, attempt to commence the action in another jurisdiction where the defendant could be found.² 326 U.S. 310 (1945). International Shoe is famous for the notion that an out-of-state defendant with “continuous and systematic contacts” to the state would nonetheless be susceptible to being sued there; the rule was further broadened by Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985), where even contacts that could not even be characterized as “minimum” with Florida were sufficient in the context of specifically making a comprehensive agreement to deal with a corporation legally resident in Florida.³ “Special service” or service not generally provided for by rule may be obtained by order of court only in the event that regular service cannot be obtained. Special service is usually publication. The purpose of special service is to allow the plaintiff to proceed with the action without having it stayed for an unreasonable period of time due to the absence of the defendant. The showing required for special service will vary by jurisdiction and possibly the facts of the case. And a defendant seeking to set aside a judgment obtained in this manner will have a much easier time of it than the defendant seeking to contest normal methods of service.⁴ As the primary purpose of service requirements is “notice to the defendant,” the mere fact that the defendant appears in the action suggests rather strongly that the defendant does in fact know about it. Consequently, a party seeking to challenge the validity of original service must do so at the outset and before making any substantive response to the complaint, otherwise the court will not hear such challenges and they will be deemed waived.⁵ We have this problem rather perennially in support court. I suspect it is a combination of general haplessness on the part of some of our obligors and deliberate efforts to evade our enforcement proceedings, but we get a lot of people who don’t show up at their contempt hearings because they “didn’t get notice.” The court issues bench warrants and most of the individuals are later arrested, and the failure of notice is not regarded as a defense by the court and in fact often leads to an additional contempt for failing to appear or to comply with the language in the support orders requiring parties to notify the court of address changes.
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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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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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