Certify Electronic signature Document Later

AuthenticationAlthough messages may often include information about the entity sending a message, that information may not be accurate. Digital signatures can be used to authenticate the source of messages. When ownership of a digital signature secret key is bound to a specific user, a valid signature shows that the message was sent by that user. The importance of high confidence in sender authenticity is especially obvious in a financial context. For example, suppose a bank's branch office sends instructions to the central office requesting a change in the balance of an account. If the central office is not convinced that such a message is truly sent from an authorized source, acting on such a request could be a grave mistake.IntegrityIn many scenarios, the sender and receiver of a message may have a need for confidence that the message has not been altered during transmission. Although encryption hides the contents of a message, it may be possible to change an encrypted message without understanding it. (Some encryption algorithms, known as nonmalleable ones, prevent this, but others do not.) However, if a message is digitally signed, any change in the message after signature invalidates the signature. Furthermore, there is no efficient way to modify a message and its signature to produce a new message with a valid signature, because this is still considered to be computationally infeasible by most cryptographic hash functions (see collision resistance).Non-repudiationNon-repudiation, or more specifically non-repudiation of origin, is an important aspect of digital signatures. By this property, an entity that has signed some information cannot at a later time deny having signed it. Similarly, access to the public key only does not enable a fraudulent party to fake a valid signature.

Hi Tabi,We do provide Class 2/ Class 3 Digital Signature Certificate along with token.Validation takes place either via Aadhar based OTP or Physical Documents.Class 2 digital signature certificate along with token will cost you INR 650. This includes shipping charges as well.Please write to us at contact@filemygstr.comWe can extend discounts in case of bulk order (For Enterprise Use).Thanks

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.

Cyber law is important because it touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. Initially it may seem that Cyber laws is a very technical field and that it does not have any bearing to most activities in Cyberspace. But the actual truth is that nothing could be further than the truth. Whether we realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal perspectives.Cyber law is vital because it touches almost all aspects of transactions and behavior on and concerning the Internet, the World Wide Web and Cyberspace. Primarily it may seem that Cyber laws is a very technical field and that it does not have any attitude to most activities in Cyberspace. But the actual fact is that nothing could be further than the truth. Whether we realist it or not, every work and every reaction in Cyberspace has some legal and Cyber legal perspectives.India introduced the law recently and every law needs some time to mature and grow. It was understood that over a period of occasion it will produce and further amendments will be bring to make it well-matched with the International standards. It is signNow to realize that we need “qualitative law” and not “quantitative laws”.Such crimes may threaten a nation’s security and financial health. Issues surrounding this type of crime has become high-profile, mainly those surrounding cracking, copyright infringement. There are problems of privacy when private information is lost or intercepted, lawfully or otherwise.Cyber crimes can involve criminal activities that are traditional in nature, such as fraud, forgery, theft, mischief and defamation all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a range of new age crimes that are addressed by the Information Technology Act, 200

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...

How to register a company (Pvt. Ltd.)Pre-requisites1. Have paid-up capital of INR 1,00,0002. Have minimum of 2 directors/board members and two shareholders3. Have maximum of 50 members only4.Cannot publicly sell shares. Can only invite people to buy shares by issuing aprospectusStep1: Acquire DIN (Director Identification Number)DIN is a unique identification number for an existing director or a person intending tobecome a director of a company. As per a recent amendment to the Companies Act 1956, DIN has become mandatory for all the directors. DIN is unique and specific to an individual, therefore only one DIN is allotted per individual even if the individual serves as director at multiple companies. No fee is charged for issuing DIN. This process takes approximately 3 to 5 working days.Supporting documents required (soft-copies):1.Photograph2.Proof of identity3.Proof of residenceRegister on MCA website for login ID and password(create an account)I.File eForm DIN-11.Download eForm DIN-12.Fill the form3.Attach necessary documents4.Sign using digital signature5.“Check Form”6.Upload eForm7.Pay fees by credit card, debitcard, internet banking or cash/cheque at designated banks (State Bank of India, Punjab National Bank, Indian Bank, ICICI Bank, HDFC Bank) using the pre-filed challan that will be generated8.Note the Service Request Number (SRN) for later enquiries9.Check acknowledgement by email or through MCA portalII.Intimate approved DIN To your Company (within 30 days from date of approval)a.Download Form DIN-2 and printStep 2: Acquire Digital Signature Certificate(DSC):At least one of the directors should have a valid Digital Signature Certificate issued by the signNowing Authorities (CA) and approved by the Ministry of Corporate Affairs. The Information Technology Act,2000 provides for use of Digital Signatures on the documents submitted in electronic forms, in order to ensure the security and authenticity of the documents filed electronically. Every document prescribed under the Companies Act, 1956, is required to be filed with the digital signature of the managing director or director or manager or secretary of the company. Therefore at least one of directors must have a digital signature. Any person may make an application to the signNowing Authority for the issue ofa Digital Signature in such form as may be prescribed by the Central Government. Digital Signatures are typically issued with one year validity and two year validity. The issuance cost varies depending on the CA. Digital Signatures can be obtained within an hour.One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, nCODE Solutions etc.Step 3: Apply for the company to be registeredThis is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.Prerequisite for Virtual eFiling1.Install the following prerequisite software:Windows 2000 / Windows XP / Windows Vista / Windows 7 –Operating SystemInternet Explorere v6.0 and above, Google Chrome, Mozilla FirefoxsignNow from version 7.5 to version 10.1.4Java Runtime Environment (JRE –latest version freely downloadable fromwww.sun.com)2.Get yourself registered at the portal (www.mca.gov.in)3.Obtains a Director Identification Number (DIN).4.Obtain a Digital Signature Certificate (DSC).5.Broadband Internet connectivity or higher.6.A scanner (above 200 DPI) for converting the attachments in the PDF format.Steps:I.Fill Form-1A for obtaining the name for the company-onlineFor obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500. You also have to provide the following information in the form.• Name of the proposed company (Minimum 4 alternative names, maximum 6).Indicate the order of preference. Ensure that the company name is in accordance to the guidelines of the MCA, and also ensure the name is unique and does not resemble the name of any existing company in India. The company name must end with the words ‘Private Limited’ or ‘PVT Ltd’. In order to have specific key words in the name such as corporation, International, Hindustan, Industries, India etc., the proposed company should satisfy a minimum authorized capital criteria.• Location of registered office of the proposed company• Main Objectives of the business of the company• Names and addresses of the directors• Proposed Authorized Share Capital of the Company• DIN & DSCSubmit duly filled form to the Registrar along with fee of Rs. 500.The Registrar shall intimate, within two to three days, whether the proposed name is available or not. If the preferred name is not available apply for a fresh name on the same application. The name made available by the Registrar shall be valid for a period of six months. In case, if the company is not incorporated within this validity period, an application may be made for renewal of name by paying additional fees. Otherwise the name approval process has to be repeated by submitting new application after payment of requisite fees.In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.II.Prepare documentsAfter obtaining name approval from the ROC the following documents must beprepared to incorporate the company• Memorandum of Association (MOA) The Memorandum of Association is a document that sets out the constitution of the company. It contains, among-st others, the objectives and the scope of activity of the company and also describes the relationship of the company with the outside world.• Articles of Association (AOA) The Articles of Association contains the rules and regulations of the company for the management of its internal affairs. While the Memorandum specifies the objectives and purposes for which the Company has been formed, the Articles lay down the rules and regulations for achieving those objectives and purposes. It also states the authorized share capital of the proposed company and the names of its first / permanent directors. Professional help is to be sought in the drafting of the MOA and AOA, as it contains the governing policies, rules and by-laws of the proposed venture. The draft must be carefully vetted by the promoters before printing and stamping.The MOA and AOA must be signed by at least two subscribers in his own hand, along with father’s name, occupation, address and the number of shares subscribed for and witnessed by at least one person. Then the MOA and AOA are required to be stamped & filed with the ROC. A stamp duty is required to be paid on the MOA and on the AOA. The stamp duty depends on the authorized share capital and varies between states. Details of applicable stamp duty can be obtained from here. eStamping facility is now available via MCA’s portal. The document preparation process may take five to seven days.• Form 1 –providing details of promoters of the company• Form 18 –providing details of address of the registered office of the company• Form 32 –providing details of Directors, managers and secretaries of the companyIII.Submission of DocumentsSubmit the following documents to the ROC with the filing fee and the registration fee:• The stamped and signed Memorandum and Articles of Association (3 copies).• Form-1, 18 & 32 in duplicate.• Any agreement referred to in the Memorandum & Articles.• Any agreement proposed to be entered into withany individual for appointment as Managing or whole time Director.• Declaration of Compliance by an advocate or company secretary or chartered accountant or director, manager or secretary of the company• Name availability letter issued by the ROC.• Power of Attorney authorizing a person, on behalf of subscribers, any documents and papers filed for registration. The power of attorney should be given on Non-Judicial stamp paper of appropriate value and shall be submitted to the Registrar.After submitting these forms, once the application has been 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.IV.Payment of Registration FeesThe fees payable to the Registrar at the time of registration of a new company varies according to the authorized capital of a company proposed to be registered. Payment for the Registration and Filing Fee must be made by Demand Draft/Banker’s Cheque if it exceeds Rs.1000/.V.Obtaining Certificate of IncorporationThe ROC will issue a Certificate of Incorporation after careful review of documents submitted. Section 34(1) cast an obligation on the Registrar to issue a Certificate of Incorporation, normally within 7 days of the receipt of documents.A Private Limited Company can start its business immediately on receiving the Certificate of Incorporation.Check these documents before submission of a company:1.DIN of all those directors of a proposed company.2.DSC –Digital Signature Certificate3.Original copy of the formal letter issued by ROC regarding availability of Company name.4.Form-1 for incorporation of a company.5.Form-18 for situation or address of the proposed company.6.Form-32 for particulars of proposed directors, managers and secretary.Formalities to be followed while incorporation of a company:1.Obtain a TAN card2.Obtain a Permanent account number (PAN) from income tax dept. India3.If required: Documents obeying shop and establishment acts.4.If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.5.If required: Registration documents of Software technologies Parks of India (STPI).6.If required: RBI approval for foreign companies investing in India and FIPB approval.7.Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.For any further clarifications, please visithttp://www.mca.gov.in/MCA21/Regi...Thanks & Regards,Stay4u.