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FAQs
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Is an e-signature legally valid and treated as valuable as an original signature in the court of law in India?
Everyone knows that India is becoming digital and great initiatives have been taken by our PM. E-Signatures are legally valid in India, and businesses can use it without any doubt.Requirements for validityThe Information Technology Act, 2000 provides for the adoption of e signatures and acknowledges two forms of e-signs as having similar legal acceptance as pen-and-paper signatures. These forms specifically acknowledged under the IT Act include:E signatures which incorporate an Aadhaar ID with an electronic Know-Your-Customer (eKYC) method.Digital signatures which are created by an “asymmetric crypto-system and hash function”. For such signatures, the signer is usually issued a long-term certificate-based digital identity number, stored on a USB token, which is used to place a sign on a document.For the above forms of electronic signatures to be legitimate, they must satisfy these further conditions.The signatory of the e signature must be uniqueAt the point of signing, the signatory should be in control of the data employed to generate the e-sign.Any tamper with the signature, or the form to which the signature is placed, must be easily detectable.There must be an audit trail of procedures followed during the signing process.Signer certificates should only be granted by the signNowing Authority.If all these conditions are followed, then there is an obvious legal belief in favor of the legality of any document signed using e-signatures.However there are some documents which Indian law prohibits to be signed electronically. Here is the list of it.Any document listed by the government of India on the official gazettePower of attorneyTrust deedsA will and other forms of testamentary dispositionNegotiable documents such as bills of exchange, drafts, promissory notes and moreDocuments involving any sale of immovable property such as real estateTo learn more about technical and legal overview of electronic signatures in India, Read this article - Electronic Signatures India - Technical & Legal Overview | signNow
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What is the procedure for opening an IT firm?
It is same for all types of businesses:Ministry of Corporate AffairsTo register a company, you need to first apply for a Director Identification Number (DIN) which can be done by filing eForm for acquiring the DIN. You would then need to acquire your Digital Certificate and register the same on the portal. Thereafter, you need to get the company name approved by the Ministry. Once the company name is approved , you can register the company by filing the incorporation form depending on the type of company (Use quick links available on left panel in case steps are known)Step 1 : Application For DIN The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified. You need to file eForm DIN-1 in order to obtain DIN. To get more information about the same click Director Identification Number Step 2 : Acquire/ Register DSCThe Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents. Acquire DSC -A licensed signNowing Authority (CA) issues the digital signature. signNowing Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.Register DSC -Role check for Indian companies is to be implemented in the MCA application. Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with MCA. To know about it click Register a DSCStep 3 : New User RegistrationTo file an eForm or to avail any paid service on MCA portal, you are first required to register yourself as a user in the relevant user category, such as registered and business user. To register now click New User RegistrationStep 4 : Incorporate a CompanyApply for the name of the company to be registered by filing Form1A for the same. After that depending upon the proposed company type file required incorporation forms listed below.Form 1 : Application or declaration for incorporation of a companyForm 18 : Notice of situation or change of situation of registered officeForm 32 : Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification sharesOnce the form has been approved by the concerned official of the Ministry, you will receive an email regarding the same and the status of the form will get changed to Approved. To know more about eFiling process click "All About eFiling"
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How do I register my company and logo in India?
Incorporating a company in India is slightly difficult than you may think. Its better you hire a CS, CA or a Lawyer to do it for you. Nonetheless, here is the process:(1) Obtain DIN (Director Identification Number) from Registrar of Companies, Ministry of Corporate Affairs of all the proposed Directors in your Company. (2) Obtain DSC (Digital Signature Certificate) from any of the authorities recognised by Registrar of Companies of all the Directors. (3) Apply in a prescribed format to the Registrar of Companies for the approval of name of your company. You need to provide a minimum of 5 options to the Registrar in this form.(4) Once you receive the name approval from the Registrar of Companies, you need to file the following documents with that office: (a) Memorandum of Association(b) Article of Association(c) Form 32 (Details of Directors)(d) Form 18 (Registered Office details)(e) Form 1 (Compliance with the Act) FEESThe official fees for which you will receive receipts (for a Company with an Authorised Capital of Rs 1 lakh) will be approximately Rs 11,000. Rest of it will be the fee of the working professional. On an average you're likely to spend Rs 5000 to Rs 10000 in addition to the official fee, so that the total price comes out to somewhere between Rs 16000 and Rs 21000.TIME FRAMEIf everything goes smoothly, you can register your Company within 20 to 30 days. However, if an objection is raised on an issue, it may take longer, as well. Good luck!Nitin
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Is mandatory DSC for proprietor ship in GST?
Hi,GST Application for registration is filed online or digitally. So the Proprietor or Partner or Director need to sign the application digitally as well.Government has provided 2 ways to sign application digitally.EVC: AADHAR BasedDSC based.AADHAR Based Signing:Not Available to Companies and LLPsMobile No of Proprietor or Partner must be linked to AADHAR.If Mobile No is mentioned on AADHAR Card then it is linked to a person's mobile no.At the time of registration OTP is sent to a person's mobile no which is linked to AADHAR on successful validation.If mobile no. is not mentioned on AADHAR then Proprietor or Partner will be required to complete the registration with the use of DSC.2. DSC Based Signing:DSC is compulsory In case of Companies or LLPs.If AADHAR is not linked to mobile no of Proprietor or Partner then he is also required to get a DSCCONCLUSION:If Proprietor's AADHAR is linked to mobile no then he does not need DSC.If Proprietor's AADHAR is not linked to his mobile no then he needs DSC.Hope the answer was helpful!Thanks.CS Priyal Pathakwww.cspriyal.com
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What are the best portal for online private limited company registration?
Here i paste a personal experience & comparsion of India’s Best 5 Online Company Registration Portal from each point.Note - Anonymous because i am team member one of the company ;)Source - Ashu Agrawal on Medium BlogWhen you start the business or a startup in India, there are lot of the hurdles. One of the most major problem is legal documentation and license to start any type of the business. so in this my personal blog i share about my experience on “how i choose best company registration websites or portal or service providers in india”.recently i shifted from delhi to bangalore and want to start a new online business as SAAS Model but have no idea about the legal things. me and my partner sudhanshu just create the prototype and testing model of the software with some beta user & generate small amount of the revenue from some companies. we just credit that revenue in our personal saving bank accounts but after that our clients not take us seriously by showing our personal bank account details.then i take seriously legal things & start searching about the reason to register my company legally in india on the google & found some good question on QuoraHere is the links on Quora — https://www.quora.com/Is-it-mand...So i found that there are mainly 4–5 reason as per my point of view -a) we need current business bank account instead personal saving bank account.b) we need payment gateway on our website which need documents submit to gateway companies like Instamojo | CCAvenue | Payumoney etc.c) we need tax registration to charge the tax from the clients like service tax or vat.d) we need a separate identity of the brand so our customer and people can trust on us like we are genuine business or company, not freelancers.e) we need intern or employees to hire and provide them certification in the starting.So now i understand properly that company registration is very urgent even before starting the business. we can start with the simple firm also if our budget is very tight for the legal things.then i again take the help from guru “Google” and found some reliable company registration service providers in India so i just compiled the list on the basis of the customer reveiw(found on web) and interface of the portal & initial proposal of the service.1.Vakilsearch : Its a good portal even one of the leading legal service provider company. its started in 2011 & today its provide lot of the legal services from business to tax registration & compliance.Pros — Good Upfront user interface with live chat option which is asking everytime your email id and contact number :p then their team member call to user. they have too many services on their portal. its a 5 year old company in market so you can easily trust on them. when i found the reviews about them then there are good reviews on mouthshut.here is the link of reviews — http://www.mouthshut.com/website...Cons — Live chat option is good but not provide every time instant solutions. they just asking for the mobile number and email id. even their team member call to us anytime and approach again & again which is quite irritating on calls communication. even i found their number on truecaller is blocked by lot of the people as SPAM. then another one problem which is feel by me like they are force always register a private limited or llp or opc only. when you have tight budget then you need a simple firm just only for the current bank account in the starting. they have some bad horrible reviews also on this.Here is the bad reviews link — https://www.consumercomplaints.i...2. Myonlineca : its a wonderful portal and service provider. the most important things which i liked it on their portal that is information in simplified way. for ex — comparsion between each type of the business formation is very simplified instead of the complex legal terms. even the front page video is also very helpful. i checked about the background of the company, its a just 1.5 year old delhi and jaipur based company.Pros — as describe above simplified way to explain the business & tax registration. Instant Proposal by submit the request form in the email box. Prefered Communication type in contact form like Email, chat or call as per user convenience. easy user interface and better pricing as compare to other portals. the biggest advantage of this company i.e they have 100+ positive reviews on the social media’s. so you can easily trust on them. one more thing i like on their website i.e big payments are in Installments based which secure your work & hard earn money.Here is their facebook reviews :— https://www.facebook.com/MyOnlin...Quora : https://www.quora.com/What-is-yo...Trustpilot — https://www.trustpilot.com/revie...Google Business PageCons — it’s a just 1.5 year old startup company so they have small team so i am not getting quick call from their side on the proposal. another side its a better for the user who are avoid the cold calls or want to deal quickly via email or whatsapp or chat. even i found just only one bad reviews on this similar problem on quora reviews.3. IndiaFilings : Its a similar kind of the portal like vakilsearch which is provided many more type of the services from business registration to tax registration. its a 3–4 year old company with a large inhouse team.Pros — similar to vakilsearch they have good UI Platform to interact with the customer like Live chat and customer dashboard etc. they have large client base with good team. when i search the reviews, found some good reviews.Here is the link of good reviews— https://www.sitejabber.com/revie...Cons — again on the basis of reviews there are common bad & horrible reviews which explain about the take fully payment upfront then not take care about the work or not getting proper answer from customer care team.Here is the bad reviews link — http://www.complaintsboard.com/complaints/wwwindiafilingscom-unprofessional-and-awful-company-c753910.htmhttps://www.sitejabber.com/revie...4. QuickCompany : Similarly myonlineca quickcompany is delhi ncr based 1.5 year old company. they are focus on major business and tax registration & trademarks. its has a good number of people details in their about us page.Pros :- Similar Good User Interface. the best thing on the website i.e is you can search the company or llp or opc names or trademark names database. upfront there is no live chat option but have good knowledge base portal where you can find your query yourself. if we talk about the reviews then find some good reviews on their facebook page.Here is the link — https://www.facebook.com/pg/quic...Quora — https://www.quora.com/Is-http-www-quickcompany-in-provides-the-best-services-for-company-registrationCons :- the first thing i noticed on their website i.e not find the service for the sole proprietorship firm or partnership firm. so again indirectly they force to register a proper private limited or opc or llp company. another thing its database is not updated live for the name search so its can’t be reliable every time. they have some horrible reviews also on the facebook & quora due to not follow up the work after the payment.5. Legalraasta : its a new startup again similar myonlineca & quickcompany Delhi NCR based 1 year old company. they have also many services from business , tax registration or trademark & other legal documentation etc. they get good traction from the lot of the customers.Pros :- Good Interface with the live chat option and get the instant proposal on the email by submit the form. they follow up via call and emails. have competitive pricing with the other above portals. has been featured in various news portal for the funding.Cons :- have not much idea about this but on the basis of the reviews user are complain about the higher pricing for the small task & not followup the work.Link of the reviews — https://www.sitejabber.com/revie...Google Business PageSo as per my view right these 5 are the good portal to register your company or startup online without going to anywhere. apart from this you can search the any local reference CA or try the justdial or urbanclap or indiamart etc.Some other Players — registrationwala ,wazzeer, cleartax (i heared lot about of Cleartax which is leader in tax filings but now they start the company registration services but have no idea about the experience with them but its too much expensive)Conclusion on my Experience — i strongly believe in the customer reviews even if you can resolved the problem of bad reviews of the customer then you are in good company. so i go with the myonlineca on their highest customer credibility reviews. i just place the request on their website and get the proposal in simplified manner on my email. i revert back on their email with my queries & also get in touch with them via Whatsapp then send the documents in just soft copies mobile images or scanned & my work is done in next 12–15 days and able to open the bank account on certification which is provided by them.
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How easy is it to forge a death certificate?
In Texas, it will be nearly impossible.In the past, they were filed on a special paper, which the funeral home obtained from the state of Texas.Once you had successfully generated a form on the legally correct paper, and filled it out, you would need three signatures:the “informant” or source of the personal informationthe physician signNowing the cause and manor of deaththe funeral director who is ultimately responsible for completing the certificate, obtaining the other signatures, and filing it with the correct local registrar for the State Bureau of Vital Statistics. That was done in person in most places, the registrars know the people who are filing DCs.Not an easy task.Now, it is harder. Perhaps.In Texas, it is all done on line.I have a particular program loaded on my computer, which communicates with the Bureau of Vital Statistics. Encrypted security, multi-level passwords. The communication MUST come from that computer, I cannot log in from just anywhere. Using my software, I complete the certificate, and coordinate it with a certificate being also prepared in the physicians office.If these match up in every respect, they are made available for both me and the physician to sign them electronically by another PIN. I previously obtained the “informants” signature on a paper verification form for my file.When that has been done, it will go (electronically) to the local registrar, where they will match it up with the “Report of Death” which I filed when I first took custody of that decedent. If all matches, they will sign off, and transmit it to the Bureau in Austin.When I did my part, I will have also authorized payment for certified copies. They will produce those , and send them back to me. Perhaps a week to 10 days at a normal case-volume period.Again, each certified paper copy is on a special paper, engraved, with a raised seal. Individually serial numbered. I don’t know if they are QUITE as tightly secured as is cash money, but if not, they are pretty darned close.It is an issue that the state of Texas takes very seriously.
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Corporate Law: How will you register a company in India? Give the electronic procedure in detail.
Firstly you have to need approved your name by the ROC (Registrar of Companies) in the State/Union Territory. Fees payable would depend on the company’s nominal capital to be registered and paid either in cash or postal order. Procedure for register a company in India :1. Attain DIN (Director Identification Number) that is written, signed, and sent to Ministry of company Affairs along side your identity proof (voter ID card, passport, and driving license) also as residence proof (bank statement, electricity bill, card, and phonephone bill). 2. Acquire digital signature certificate which will utilize their latest electronic registration system. this could be nonheritable from any personal bureau sanctioned by MCA twenty one. 3. Cache the name of the corporate with mythical monster. you'll provide six projected names as alternatives for your name. 4.Seal the credentials of the corporate at a licensed personal bank or State Treasury. 5. Attain Certificate of Incorporation from Ministry of company Affairs (Registrar of Companies). 6. Acquire PAN (Permanent Account Number) from a licensed agent or franchise assigned by NSDL (National Securities installation Ltd.) or UTI (Unit Trust of India) Investors Services Ltd. 7. Get a TAN (Tax Account Number) for financial gain taxes from taxation Department’s Assessing workplace. 8. recruit with institution Act (State/Municipal), Shops, and workplace of Inspector. 9. recruit for VAT (Value-Added Tax) at industrial Tax workplace with numerous credentials like the company’s memorandam or Articles of Association and proof of location. For more about it you can consult with your Indian Chartered Accountant , who consult you much better
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