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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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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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What have real estate agents found to be the best online tools for getting leads?
Facebook & Instagram are excellent tools for real estate companies to use if they want to make the most of their social media strategy. If you want to promote real estate on Instagram, there are a few important things to consider.Using these social networks to collect leads well involves more than simply posting images regularly. You need to be able to plan and run the right, which means you need to know where to find your audience.Now let me give my personal suggestion on this matter, the best way to collect leads using Facebook & Instagram is the Facebook Lead Ads feature.Why the Facebook lead ads is so important for your brand?Here are the 4 core reasons for a business to choose Lead Ads as your advertising platform:1)It’s cheaper than the traditional types of ads. There’s no doubt that by using Lead Ads you can definitely save money of your advertising budget. Based on our experience we can confirm that using Facebook Lead ads reduces the costs per lead to less than a half of usual spend.2)It creates brand awareness. Facebook, currently the biggest social media platform is the right place to start to build your brand awareness, as makes the whole process of creating your audience and converting it into a lead, as easiest as it can be.3)It saves time. When Facebook presented Lead Ads, they announced it as tap tap done feature, and it literally is like that. It saves user’s time but also yours, as make it fast and easy for you, lead creator to prepare and manage your leads.4)It is a fully customizable tool. In fact, it is possible to customize the form with different fields like: size people business, field of study, etc…when creating an ads campaign.Don’t worry if it is your first time in the Lead Ads world I am happy to suggest to you this free guide, that will help you to learn more about this topic ;)Check out our video to discover 4 instagram tips to boos your real estate marketing strategy !
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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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What steps can U.S. states take to protect their elections from foreign hackers?
US government determined that Russian hackers penetrated the voting systems in 39 states in the weeks leading up to the November 2016 election. The hacks did not involve changing votes — typically they were forays into voter registration databases — but in at least one case, in Illinois, the hackers tried to delete voter data, Bloomberg reported.US officials complained to the Russians, who denied involvement, but President Obama decided not to alert the public, because he didn’t want people to lose faith in the system.To this day, President Trump’s aides suggest that Democrats who call for an investigation into Russian hacking are sore losers. But the evidence that Russia attempted to influence our 2016 election has become unignorable. In January 2017, the CIA, FBI, and NSA jointly released an assessment that Russia used cyber tools to influence American public opinion (specifically, to “denigrate Secretary Clinton”).And the Bloomberg piece was only one of several bombshells about compromised American voting systems to land this month. The Intercept obtained an NSA document that described in detail how Russian military hackers — not amateurs — mounted a phishing attack against an unnamed voting software supplier, then used information it obtained to try the same with local government officials. What the hackers obtained was unclear — and, again, the interference seems to have fallen short of changing votes. Still, the Intercept wrote, “Russian hacking may have penetrated further into US voting systems than was previously understood.”Finally, Politico reported the alarming story of how a curious security researcher discovered last year that Kennesaw State University’s Center for Election Systems had left unprotected, on its website, computer files essential for running Georgia elections. Expecting to download a few PDFs about the center’s work, he found himself in possession of registration databases, pollbook software, and instructions to election workers about logging in to registration systems — passwords included.He reported the vulnerabilities to the center, but several were not fixed as of this March, so he went to the media. Georgia is preparing for a special runoff election this month that has turned into the most expensive House race in US history. If you were a hacker looking to undermine American politics, you couldn’t pick a better election.Securing our elections from bad actors is not a partisan issue, and should not be treated as such. It is true that our decentralized, precinct-by-precinct system would make a coordinated national vote hack a massive undertaking. But given that our elections usually come down to a few predictable states, swaying even a national election is not as hard a task as it once seemed. Sowing chaos at the district or precinct level appears to be within hackers’ current capabilities.We need to put partisanship aside, and bolster election security as soon as possible — certainly by the 2018 midterms. Speaking as someone who studies computer security and has served in technical adviser roles in election commissions and secretary of state offices in Rhode Island and Connecticut, I offer the following recommendations:1) Establish audit capability in every precinctThat means — strange as it may sound in this digital era — reestablishing paper trails. Many precincts attempt post-election audits, but many do not. What’s more, many audits are not vigorous enough to establish with confidence that no interference has occurred. This is something we can, and should, fix immediately. In Connecticut, audits are required by law. Five percent of districts are selected and an electronic audit of the paper ballots is conducted to ensure they match the totals established by the voting machines.Other states are moving to embrace that standard, but not fast enough. In Rhode Island, which currently lacks audits, legislators have introduced a bill to mandate them. Audits and paper trails should be universal.2) Ditch direct-recording electronic voting machines (DREs)This will help with the auditing problem. DREs are used in a number of states, including swing states such as Georgia, Pennsylvania, Wisconsin, and Florida. Ironically, some of these machines were acquired in the wake of the “hanging chad” debacle of the 2000 presidential election, with the goal of modernizing voting systems. But these machines often do not have voter verified paper trails (i.e., paper ballots), which makes audits impossible. DREs were a bad idea from the start, and the experiment needs to end.3) Implement stronger safeguards for online registration systemsMany states are switching to electronic pollbooks. Poll workers can log in to them and verify that a voter who shows up at a precinct is registered and eligible. By breaking into these systems — as seems to have already happened, to some degree — and changing data, hackers could wreak havoc on Election Day. With a few clicks, hackers could unregister voters, change their mailing addresses, or misspell their names.It would be even easier to unleash a distributed denial of service (DDOS) attack on a poll station —overwhelming a crucial server with traffic and preventing poll workers from connecting to the registration database. That could halt voting altogether. The recent news reports conclusively show that states are not sufficiently protecting these systems. We have the knowledge to do so; it’s a question of focusing on the problem and supplying the needed resources and experts. And this is yet another case where paper can be an effective defense: If poll workers have hard copies of voter rolls, they can keep working even if their database connections get blocked.4) Discourage online voting — at all costsA total of 32 states allow at least some voters to send back marked ballots via a web-based-portal, email, or fax — insecure means of communication. And the MOVE Act (Military and Overseas Voter Empowerment Act) mandates that all states have a mechanism to allow ballots to be sent to voters in military by electronic means. But it is all too easy to adopt someone’s identity online and thereby get a blank ballot. There must be additional measures put in place to ensure that ballots requested online are going to the right people. (Even checking signatures could help.)As for allowing votes to be cast online, computer security experts are essentially unanimous in arguing that it should never happen. No states should allow votes to be submitted electronically, period.5) Strengthen the chain of custodyIn the context of an election, a strong chain of custody means safeguarding the ballots, as well as the election-related software and hardware used. The public should be confident that the ballots and election machines are secure from the moment of their creation until the tally is finalized at the Board of Elections. Machines must be kept under literal lock and key, given that computer scientists have demonstrated that they can install a new chip into a voting machine, and alter its software, in about a minute. When software is first installed, a “hash” can be applied —essentially, a digital fingerprint that changes if the software has been altered. This is just one example of many protections that security experts with technical expertise can implement.6) Give states more moneyTo pay for these necessary changes, funding is needed at the state level. There has not been major funding for election reform since the Help America Vote Act of 2002, which disbursed $1.3 billion to 42 states, American Samoa, and the District of Columbia. This law also established the Election Assistance Commission. Although the EAC does not have federal regulatory authority, it provides a needed mechanism to assist states in identifying, evaluating, and adopting new security standards. With the right resources and experts, the states have a better chance to execute the goals I’ve outlined here.We tend to forget our cybersecurity history. Russia has been hacking the US since the ’80s. And the more they uncover fresh vulnerabilities in our systems, the more aggressive they will be. As former FBI Director James Comey told the Senate Intelligence Committee this month, “They will be back.”We must be ready when that happens. Right now, we aren’t.
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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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