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FAQs
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E-signing: Is typing your name on a form and clicking submit hold up as a legal signature?
In states which have passed it, the Uniform Electronic Transactions Act (UETA) would govern this. Section 7 of UETA, in particular, specifies: SECTION 7. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.So, assuming that a signature is required for a contract to be valid, an "electronic signature" suffices. UETA defines "electronic signature" as follows:(8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.In basic language, this means that when you type out your name and click on the "submit" button, you've electronically signed the record, and the official comments to UETA (not technically law, but extremely persuasive) back this up:This definition includes as an electronic signature the standard webpage click through process. For example, when a person orders goods or services through a vendor's website, the person will be required to provide information as part of a process which will result in receipt of the goods or services. When the customer ultimately gets to the last step and clicks "I agree," the person has adopted the process and has done so with the intent to associate the person with the record of that process. The actual effect of the electronic signature will be determined from all the surrounding circumstances, however, the person adopted a process which the circumstances indicate s/he intended to have the effect of getting the goods/services and being bound to pay for them. The adoption of the process carried the intent to do a legally signNow act, the hallmark of a signature.Although not every state has adopted UETA either in part or in whole without modifications, I believe every state now has similar or identical provisions in its body of law. Assuming that this type of waiver would otherwise be legally enforceable (and many jurisdictions don't allow a waiver of liability for injuries under certain circumstances) then it would not be rendered unenforceable simply because it was signed electronically.Of course, in order to ensure the enforceability of any contract, one should generally consult with an attorney who is familiar with contract law in your jurisdiction and who could recommend a set of best practices for the storage and preservation of any contract stored as an electronic record.
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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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What is the procedure to register a startup company in India and how much will it cost?
These are four major steps required to register a start up company in india :Acquiring Digital Signature Certificate(DSC)Acquiring Director Identification Number(DIN)Document required for a DIN :A. Identity Proof (Any one of the following) PAN CardDriving LicensePassportVoter ID CardOthers (to be specified)B. Residence Proof (Any one of the following)Driving LicensePassportVoter ID CardTelephone BillRation CardElectricity BillBank StatementOthers (to be specified)Filing an e-Form or New user registrationIncorporate the company Once your company has been incorporated you can open a Current account in any of the leading banks for carrying out your operations. You will need to submit a copy of Certificate of Incorporation and Memorandum of Association along with Borad resolution to open the bank account.Then you need to apply for TAN and PAN for the Company If your services are in Software related area you can apply for STPI license which will give you certain benefits like Company need not pay tax for 5 years, there will be no import or expurty duty levied on software/hardware,You will get office spaces at lower rates at STPI units. These are few of the benefits of becoming an STPI member.All this you can do on your own or you can outsource these to professional auditor. We did it through Auditor and it took almost three weeks (Upto Step 7 excluding STPI) and all charges(excluding sTPI) would approximately cost you Rs.25,000.
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The SSDI online application has two submission points. Does the first, "Background Information" submission point establish a fil
If you are approved for Social Security Disability Benefits, your date of entitlement to disability will be dependent on the date you made the Social Security Administration aware of your intent to file for Social Security Disability.File SOMETHING immediately. Get your name, social, and intent to file (by filing a partial application) into the system as soon as possible. There is NO penalty if you do not end up filing, if things change and you decide to not file. But the longer you wait to indicate you will be filing, the later your eligibility date will be calculated.Then worry about getting all the documentation and Doctor reports, etc. They will ask for what they need to evaluate your claim … even if it takes you a year or longer to get it all together and fully submitted - IF you are approved, they will pay your claim back to the first date you let hem know (formally, in writing) that you would be filing. And an “incomplete” application is undeniable proof that you made your intentions clear.
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Income Tax: What is actually ITR and why one should file it? Also, what ways can one file ITR for past years in India?
The filing of Income Tax returns is a mandatory duty along with the payment of Income Tax to the Government of India . As the season closes by (last date of filing return - 5th August for 2014), many new tax-payers are in qualms as to how to go with the procedure as well as do away with the seemingly complicated mechanism behind it .Following are some of the pointers , which I acquired through self-learning (all are written considering the tax procedures for an Individual, and not Companies or other organizations). Here goes :1) Firstly , it is important to understand that Income Tax return is a document which is filed by you stating your Total Income in a Financial Year through various sources of income i.e Salary , business, house property, etc . (Financial Year is the year of your income , and Assessment Year is the year next to it in which the tax is due . Eg - Financial Year 2013-14, Assessment Year 2014-15)It also states the Taxable income on that salary and the Total tax payable with surcharges and Education Cess . The Taxable income has an exemption of upto 2 lakh rupees(For an individual, and not a senior citizen) for this assessment year , and 2.5 lakhs for the next (As per the new budget) . You also get tax exemptions on various other investments/allowances such as HRA , Fixed Deposits , Insurance Policies , Provident Funds , Children's Education , etc under various clauses of Section 80.People should know that return is filed to intimate the Government of your tax statements and it should not be confused with the Tax-refund one gets if there is a surplus tax paid by you to the Government . Return is not Refund .2) Government of India collects Income Tax through three modes :a) TDS - Tax Deduction at Source . TDS is the system in which any corporation/business as an Employer is supposed to deduct the Income tax of an Employee from his/her salary at source and submit it to the GOI before the end of Financial Year . The tax is deducted regularly from the employee's salary in certain percentage so as to overcome the liability of Total Tax to be paid by the employer for the Financial Year.The Employer issues a TDS Certificate in the form of Form 16 or Form 16A to the Employee which would be used to claim the TDS by the employee while filing his/her return . Form 16 is the certificate issued for the tax deducted under the head Salaries . Form 16A is issued for tax deducted for income through other sources such as interests on securities,dividends,winnings,etc.If the employee has some extra income through other sources , he/she should intimate the Employer about it before so as to include it for TDS . The total tax paid by you through TDS is also available online on the TRACES portal which is linked to your Bank Account and PAN No. for your convenience . You can also generate and validate your Form 16 / 16A from the website to file your return online .b) Advance Tax and Self Assessment Tax .Advance Tax may also be called 'Pay as you earn' Tax . In India one has to estimate his income during the financial year.If your projected tax liability of the current Financial year is more than Rs 10000, you are supposed to pay Advance tax !This has to be paid in three instalments. 30 % by 15th Sept,60% minus first instalment by 15th Dec and 100% minus 2nd instalment by 15th March.For individuals who are earning only through salaries , the Advance Tax is taken care of through TDS by the employers and there is hardly any Advance Tax to be paid . But for individuals who have other sources of income , they have to pay Advance Tax .If one forgets to pay he is liable to pay interest @ 1% p.m.Self-Assessment Tax - While filing your Return of Income, one does a computation of income and taxes to be filled in the Return. On computation, sometimes it is noted that the Taxes paid either as Advance Tax or by way of TDS fall short of the Actual Tax Payable . The shortfall so determined is called the Self Assessment Tax which is payable before filing the Return of Income. c) TCS - Tax Collection at Source .Tax Collected at Source (TCS) is income tax collected by a Seller from a Payer on sale of certain items. The seller has to collect tax at specified rates from the payer who has purchased these items : Alcoholic liquor for human consumption Tendu leaves Timber obtained under a forest lease Timber obtained by any mode other than under a forest lease Any other forest produce not being timber or tendu leaves Scrap Minerals being coal or lignite or iron ore Scrap BatteriesSalaried Individuals are not concerned with TCS .3) Online Procedure for Filing your Return , Payment of Tax , and viewing/generating your TDS certificate . a) Filing Income Tax Return :The procedure is as simple as it gets . You have to go to the E-filing homepage of the GOI , i.e https://incometaxindiaefiling.go... and login to your account . If you don't have an account yet , you can create it through the 'Register Yourself' link above it . All you need is a PAN No. (obviously) . After logging in , you have to go to the E-file tab and select the 'Prepare and Submit online ITR' option . Alternatively , you can select the 'Upload Return' option to upload your return through an XML file downloaded from the 'Downloads' tab and filled offline by you .You have to enter your PAN No, select ITR Form name 'ITR1' (Form ITR1 is for salaried individuals, income from house property and other income) , select Assessment year and submit .Now all you have to do is fill the form with the tabs Personal Information , Income Details , Tax Details , Tax Paid and Verification and 80G to complete your Return and submit it to the Income Tax Department .The 'Income Details' tab asks for your Total Income through various sources , and Tax exemptions claimed by you under various clauses of Section 80 . It also computes the Income tax liability of yours for that Financial Year . The 'Tax details' tab asks for the TAN (Tax Deduction Account Number) and Details of Form 16/16A issued by the employer/generated by you for TDS . It also asks for Advance Tax / Self Assessment Tax, if paid and the Challan no. of the payment receipt .The 'Tax Paid and Verification' Tab asks for your Bank Account Number and IFSC code . If there is a surplus tax paid by you in the form of TDS/Advance Tax , you will get its refund with interest in a 4 months period by the Income Tax Department . After submitting the Return , you get a link on your registered E-mail id . This link provides you the ITR-V document (an acknowledgement slip) which you have to download , print , put your signature , and send it to the Bangalore division of the Income Tax Department for completion of your Return Filing . The address is mentioned in the document . Alternatively , you can evade the ITR-V process and opt to digitally sign in the beginning of E-filing , but the process requires you to spend money and is to be renewed every year .b) Payment of Tax - You can pay the TDS (Not required for an individual, it is to be paid by the employer) , Advance Tax or Self Assessment Tax through the portal of Tax Information Network , i.e https://onlineservices.tin.egov-... After filling the required form (ITNS 280 for Income Tax) , you pay the tax through your Bank Account , and get a Challan receipt which will be used during filing your return .c) View/ Generate TDS Certificate online .You can do it by logging on to the TRACES portal of the Tax Deduction System , i.e , http://contents.tdscpc.gov.in/en... You will have to register yourself before logging in through your PAN no.You can view the details of your TDS deducted by the Employer via From 26AS on the portal .Also , you can generate your TDS Certificate in the form of Form 16/16A by entering the TAN No. of your Employer .
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How does one verify if an e-commerce customer is a licensed reseller or not?
Having read through a bit of Colorado's rules regarding resale and exemption certificates, it appears that Colorado does not actually issue resale certificates but not place a burden on you, the seller, to ensure that the parties you are selling to will, in fact, resell your product.The form you have might be a good idea, but is understandably cumbersome and may provide for a bad user experience.I would highly recommend an extremely clean, easy to navigate, AJAX-driven, UX-intensive web form that allows for a legally-binding signature and a confirm/submit button. However, I would include this as part of the checkout process as opposed to forcing registration upon first visit. This will allow your customers to initially browse and only require them a single hurdle when actually looking to checkout. Have the form request some basic information, such as billing and shipping address, company name and EIN/Tax ID number. Additionally, ask them to specify the end user of the product they are buying (via a dropdown, offering options such as "brick and mortar customer", "online customer", etc., just to provide some clarity).Then, immediately below it, generate (on the fly) a visual agreement (that looks like your typical resale tax certificate), prefilled with the information they've given you above. Finally, have them provide an electronic signature and submit.There are ways of making the UX here super friendly and ways of making this process flow extremely quickly. It might take time, a great UX designer and thorough A/B testing to determine if the process works well, but it's most certainly possible.Finally, note that I'm not a lawyer or an accountant and you should finally consult with them as to what kind of information you should be collecting in order to satisfy state and federal tax authorities.
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How do you fill out the articles of organization for an LLC in Florida?
Quoting Instructions for Articles of Organization (FL LLC) :FILING ONLINE OR BY MAILThese instructions are for the formation of a Florida Limited Liability Company pursuant to s.605.0201, F.S., and cover the minimum requirements for filing Articles of Organization.Your Articles of Organization may need to include additional items that specifically apply to your situation. The Division of Corporations strongly recommends that legal counsel reviews all documents prior to submission.The Division of Corporations is a ministerial filing agency. We cannot provide any legal, accounting, or tax advice.Limited Liability Company NameThe name must be distinguishable on the records of the Department of State.You should do a preliminary search by name before submitting your document.The name must include:Limited Liability Company, LLC or L.L.C.; ORChartered, Professional Limited Liability Company, P.L.L.C. or PLLC if forming a professional limited liability company.Do not use or assume the name is approved until you receive a filing acknowledgment from the Division of Corporations.Principal Place of Business AddressThe street address of the LLC’s principal office.Mailing AddressThe LLC’s mailing address, if different from the principal address. (P.O. Box is acceptable.)Registered Agent Name and AddressThe individual or legal entity that will accept service of process on behalf of the business entity is the registered agent.A business entity with an active Florida filing or registration may serve as a registered agent.An entity cannot serve as its own registered agent. However, an individual or principal associated with the business may serve as the registered agent.The registered agent must have a physical street address in Florida. (Do not list a P.O. Box address.)Registered Agent’s SignatureThe registered agent must sign the application.The signature confirms the agent is familiar with and accepts the obligations of s.605.0113(3), F.S.If a business entity is designated as the Agent, a principal (individual) of that entity must sign to accept the obligations.If filing online:The registered agent must type their name in the signature block.Pursuant to s.15.16, F.S., electronic signatures have the same legal effect as original signatures.NOTE: Typing someone’s name/signature without their permission constitutes forgery pursuant to s.831.06, F.S.Limited Liability Company PurposeA Professional Limited Liability Company (which is formed under both Chapter 605 and Chapter 621, F.S.) must enter a single specific professional purpose. Example: the practice of law, accounting services, practicing medicine, etc.Non-professional companies are not required to list a purpose, but may do so.Manager/Authorized RepresentativeThe names and street addresses of the authorized representatives or managers are optional.Manager: a person designated to perform the management functions of a manager-managed limited liability company. Use MGR.Authorized Representative: a person who is authorized to execute and file records with the Division of Corporations. Use AR. See 605.0102(8), F.S., for more information.A Manager or Authorized Representative may be an individual or business entity.Do not list members.NOTE: If you are applying for workers’ comp exemption or opening a bank account, Florida’s Division of Workers’ Compensation and your financial institution may require this information to be designated in the Department of State’s records.Effective DateAn LLC’s existence begins on the date the Division of Corporations receives and files your Articles unless your Articles of Organization specify an acceptable alternate “effective” date.LLCs can specify an effective date that is no more than five business days prior to, or 90 days after, the date the document is received by our office.If you are forming your LLC between October 1 and December 31st, but don’t expect to transact business until the next calendar year, avoid filing an annual report form for the upcoming calendar year by listing an effective date of January http://1st.By specifying January 1st as the effective date, your LLC’s existence will not officially begin until January 1st of the following calendar year, even though your entity is already on the Division’s records.The January 1st effective date will allow you to postpone your LLC’s requirement to file an annual report form for one calendar year.SignatureMust be signed by at least one person acting as the authorized representative.If filing online: The authorized representative must type their name in the signature block. Electronic signatures have the same legal effect as original signatures.Correspondence Name and EmailPlease provide a valid email address.If filing online: The filing acknowledgment and certification (if any) will be emailed to this address.All future email communications will be sent to this address.Keep your email address up to date.Certificate of StatusYou may request a certificate of status.This item is not required.A certificate of status certifies the status and existence of the LLC and verifies the LLC has paid all fees due to this office through a certain date.Fee: $5.00 eachCertified CopyYou may request a certified copy of your Articles of Organization.This item is not required.A certified copy will include a filed stamped copy of your Articles of Organization and will verify that the copy is a true and correct copy of the document in our records.Fee: $30.00 eachAnnual Report NoticeEvery LLC is required to file an annual report to maintain an “active” status in our records.If the limited liability company fails to file the report, it will be administratively dissolved.The filing period for annual reports is January 1st to May 1st of the calendar year following the LLC’s date of filing or, if listed, its effective date.The annual report is not a financial statement.The report is used to confirm or update the entity’s information on our records.
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