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FAQs general declaratiom
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How do I close a newly formed private limited company?
Under Companies Act 2013, a Company can be closed in two ways.Winding UpWinding up is a tedious process and can be done either voluntary by calling up a meeting of all stakeholders and passing a special resolution or can be done on the order of Court or Tribunal. Strike Off” mode was introduced by the MCA to give the opportunity to the defunct companies to get their names struck off from the Register of Companies. On 27th December 2016, MCA has notified new rules i.e. Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 prescribing rule for winding up or closure of private limited company under companies act 2013. By releasing the form STK 2, ministry of Corporate Affairs has brought the Section 248- 252 of 2013 act into force.Fast track ExitThis is the most awaited procedure, that got active again on 5thApril 2017. This procedure was introduced in Section 248 of Companies Act 2013.Fast Track exit can be done in two ways:Suo Moto by RegistrarThe registrar may strike off the name of Company on its own if:Company has failed to commence any business in a year of its incorporationCompany is not carrying out any business or Activity for preceding 2 financial years and has not sought the status of Dormant Company.The Registrar sends a notice (STK-1) of his intention to remove the name and seeks the representation of Company in 30 days.Note: Liability on the Directors of the company still exists. ROC can invoke penalty clauses anytime, and the penalty may range from INR 50K to INR 5Lakhs per director.Voluntary Removal of Name using Form STK 2Company can also move an application to Registrar of Companies for striking off the name by filing form STK-2 along with a fee of Rs 5000/-. Once form is filed, the Registrar has power and duty to satisfy him that all amount due by the company for the discharge of its liabilities and obligations has been realized. ROC can also issue a show cause notice in case of default in filing returns or other obligations.After above formalities, ROC issues a public notice and strike off the name of Company after its expiry.Note: The form is in approval route. Therefore, concerned ROC can ask for the completion of the fillings.Details Required:Incorporation CertificateDirector Identification NumberPending Litigation Proceedings if anyDocuments Required:Application in form STK-2Government filing fees: INR 5,000/-Copy of Board resolution authorizing the filing of this application;A statement of accounts showing the assets and liabilities of the Company made up to a day, not more than thirty days before the date of application and certified by a Chartered AccountantShareholder’s approval by way of Special ResolutionIn the case of a company regulated by any other authority, approval of such authority shall also be required.Copy of relevant order for delisting, if any, from the concerned Stock Exchange;Indemnity bond [to be given individually or collectively by the director(s)] in Form No. STK-3;Affidavit in Form No. STK-4Note: This form must be signed by a practicing CA or CSCompanies that cannot file for voluntary strike-offA company cannot fill the form STK 2 at any time in the previous 3 months if the company hasHas changed its name or shifted its registered office from one State to another;Has made a disposal for value of property or rights held by it, immediatelyBefore cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business;Has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company or complying with any statutory requirement;Has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded; orIs being wound up under Chapter XX of Companies Act or under the Insolvency and Bankruptcy code, 2016Companies that cannot use Fast Track Exit option:Companies Registered Under Section 8Listed companies;Companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws;Vanishing companies;Companies where inspection or investigation is ordered and being carried out or actions on such order are yet to be taken up or were completed but prosecutions arising out of such inspection or investigation are pending in the Court;Companies where notices have been issued by the Registrar or Inspector (under Section 234 of the Companies Act, 1956 (old Act) or section 206 or section 207 of the Act)and reply thereto is pending;Companies against which any prosecution for an offense is pending in any court;Companies whose application for compounding is pending;Companies which have accepted public deposits which are either outstanding or the company is in default in repayment of the same;Companies having charges which are pending for satisfaction.,After you Strike off your company:As soon as the name of company is removed from Register, from the date mentioned in the notice under sub-section (5) of section 248 cease to operate as a company and the Certificate of Incorporation issued to it shall be deemed to have been cancelled from such date except for the purpose of realizing the amount due to the company and for the payment or discharge of the liabilities or obligations of the company.- See more at: Different ways to Close a Company in India - WazzeerFor any Legal and Accounting support, Happy to help you, let us talkPS: Wazzeer Loves entrepreneurs #GoGetItIn case, you are thinking of getting some free advise from an experienced Lawyer (and Accountant), checkout Counselapplication of Wazzeer.#WazzeerKACounsel**For any Legal and Accounting support, Happy to help you, let us talkPS: Wazzeer Loves entrepreneurs #GoGetIt
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How does entering the USA as a tourist, with a visa waiver, work?
Entering the USA with the visa waiver letter is possible if you have a confirmation letter from the college or university. It is really important to deal with the information and to gather all the necessary facts about the visa documents and the application process. Getting a tourist visa to the USA is really complicated, you would have to try really hard and to have an impeccable reputation.Here are some recommendations which can help you to get a visa:prepare all the documents in advance, some of them may need translation and it takes a lot of timegather some information on that basis and get to know about the experience of other peopleget a confirmation letter and do not forget to book a hotel and your ticket backThese things can improve your visa application but they do not guarantee you the 100% result. So, get to know more
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Do United States MIA soldiers still get paid? Are POWs paid during the time they are imprisoned?
Yes they get paid, but where it goes depends on how they filled out their paperwork. One of the forms you fill out is what happens to your pay and allowances if you are:KilledDeclared POW/MIAThe general guidance given when I joined was to put 100% of it to your designated beneficiary if you were killed and 80% of it (you could select whatever percent you want) if you were MIA. Reason was that some people were POW/MIA for an extended period of time (years) in Vietnam. Their wives kept collecting all that money and then left them/divorced. The servicemember returned and had no money because the now ex-wife had spent it all. So what we were told (July 1985) was to select 80% so that you’d at least have something if this happened.Bottom line is that while MIA/POW, the servicemember keeps getting paid. Period. Where it goes/who can access it depends on the elections the servicemember made when they joined the military/last updated the paperwork.
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How do I fill out the form for a national scholarship, being in the general category?
Hari om , you are asking a question as to : “How do I fill out the form for a national scholarship, being in the general category?.”All categories candidates are eligible for national scholarships.It is a purely merit based scholarship.Simply fill all the columns & submit the application to the concerned authorities within the due date.If you are meritorious among the eligible applicants , you will be awarded the scholarships.Best of luck. Hari om.
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How can I fly with my firearms on an airline?
The process is relatively simple. Of course, you should check with each airline as their processes may differ slightly, and you’ll need to confirm that your weapon and/or its configuration and accessories are legal where you are going (flying to a state with a magazine capacity ban for instance). But generally, you do the following:Unload the firearm and lock it in its own container within your checked luggage.Lock the ammunition in a separate container. You can also keep the ammunition in its original box and place it in your bag, but outside of the container where the firearm is being stored. From personal experience, ammunition storage varies. I’ve had airlines allow me to store 3 loaded mags within the same case, but separated from the firearm. To avoid complications/delays, I recommend storing it in the factory box and outside of the gun case.Check in at the airline counter and inform the agent that you are checking a firearm. S/he will have you fill out a declaration form. Again, this varies by airline, but you will generally be asked to open the case with the gun for inspection (they are checking to confirm it’s unloaded) and you will be asked to either put the declaration tag on top of the firearm in the case, or on top of the case within your luggage. Lock the case and close your bag. Bag should have a TSA approved lock on it. Firearm case can have any lock you choose. I would not use a TSA lock on the gun case itself. There should be nothing placed on your bag by the Agent that indicates openly that you have a firearm in the bag. If they stick something that says “firearm in bag” or anything to that effect, ask to speak to a supervisor and elevate it. Bottom line, you don’t want any unwitting person knowing you have a gun in the bag or the bag will likely be stolen.You and the Agent will walk the bag to TSA screening where it is usually fast tracked onto the belt. You are then required to wait there until the bag has been screened (in case they need you to open the gun case). Assuming everything looks good to the screener, you’re given the all-clear and you head for security/your gate, etc.You are not required to do anything special on the other end of the flight. Collect your bag from the belt as you would any other piece of luggage. Confirm discretely that the firearm made it along with your bag. DO NOT PULL THE FIREARM OUT IN THE MIDDLE OF THE AIRPORT to do this. I will usually find a quiet place to do a quick check, or take it into a stall in a bathroom and check it privately there.I have followed the above on United, American, Southwest, Delta, Alaska Airlines, AirTran (before being purchased by Southwest), and JetBlue without any issues.
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Why are Chinese products cheaper?
In the words of Tim Cook: "The popular conception is that companies come to China because of low labor costs. I'm not sure what part of China they go to, but the truth is China stopped being the low labor cost country years ago. That is not the reason to come to China from a supply point of view, the reason is because of the skill."Let us look at the concept of labor or the involvement of labor in an every-day product. Let us compare 2 products: a plastic fork vs a plush toy. Although both products fall on opposite spectrums of the consumer life cycle (one disposable whilst the other one is reusable), both are sure to be made in China.A plastic fork is made from food-grade Polystyrene (PS) plastic pellets or beads through a process known as plastic inject molding. In here the pellets are heated in a molding machine to a viscous state and are injected into a mold. The mold produces multiple sets of forks within a matter of seconds and from there on it’s as simple as detaching the forks from a sacrificial (?) holder or tool (this is also made of PS and in most cases is recycled). From here the product is moved into packaging and then sent out of the factory for export. A fully automated machine can be set to run continuously 24 hours a day with very little monitoring by a worker, thus being a low labor product.Now, let us look at that plush toy. The stuffed animal is comprised of textile material for the cover, stuffing, two eyes and a nose. The material must be cut into pieces, sewn together and stuffed. The nose, eyes and mouth are sewn onto the material together and stuffed, requiring skilled labor(-). The cutting of the pieces may be done by hand or by machine, but the pieces are sewn together by a worker using a high-speed sewing machine. Next comes the insertion of stuffing – this is rather complex for a machine to do, as such the insertion is done by hand and the insertion point is also manually closed. It is evident that this requires much labor, therefore, this type of a product is considered a high labor product with labor contributing 70% of the total cost [1]. In the end, much like a fork, the product is moved and packaged for export.Because labor is only one part of the total cost of a product, and in many cases it's as low as 20% of the total cost, – this must indicate that there may be other factors at play in making Chinese products, such as the fork. If labor were the only factor, then most of the “plush toy/labor intensive” industries would have shifted to other countries – but only some industries already have e.g. Bangladesh, Vietnam and Mongolia to name just a few. To that extent, manufacturing of plastic forks could possibly return to the USA; but that’s not happening.Industrial production does not take place in isolation, but rather relies on networks of suppliers, component manufacturers, distributors, government agencies and customers who are all involved in the process of production through competition and cooperation. The ecosystem of doing business in China has evolved quite a lot in the last thirty years. Here are the additional factors, including labor, that affect the overall cost of manufacturing and thus make Chinese exports cheaper:A. Commendable supply chain: Supply chain activities transform natural resources, raw materials, and components into a finished product that is delivered to the end customer. No country, at present, has a supply chain more sophisticated yet flexible than China. China’s biggest advantage is their domestic availability of most of the raw materials required to manufacture a given product [2]. Not only are private entities involved in the process of outputting raw material for manufacturing. Rather, many Chinese State Owned Enterprises (SoEs) actively control and output raw materials for small factories to transform into ready-made goods. If the government is involved in such activities, it is safe to assume that this is an active industry that requires not only oversight and monitoring, but active involvement. Access to affordable raw materials helps bring down manufacturing costs to a considerable extent. As a result, having suppliers who are local to the manufacturer has gained importance as a way to cut costs[6].B. Rebate upon Export: The export tax rebate policy was initiated in 1985 by China as a way to boost the competitiveness of its exports by abolishing double taxation on exported goods[7]. China is one of over 150 countries that utilize a Value Added Tax (VAT) system. It is a tax only on the "value added" to a product, material, or service at every state of its manufacture or distribution. The VAT rate is generally 17%, or 13% for some goods. Chinese companies receive a VAT refund from the government for materials of products produced for export. Basically, factories that export do not pay any VAT on goods or raw materials used made for export – further subsidizing raw material costs. American imports to China are charged a VAT, but the U. S. doesn't have a VAT to charge Chinese imports. Moreover, Chinese manufacturers work with far lower profit margins than those in the U.S.C. Efficient Infrastructure and Logistical Access: In its fast-paced effort towards industrialization, China has built many ports (big and small), roads and railroad access. Such a system is not secluded to the big cities (Tier 1 or Tier 2 cities), it connects all of them, including Tier 4 cities or small towns used as industrial manufacturing zones. Having an efficient logistical system allows for cheaper travel costs –the cost of units (kilometers or miles) per currency (dollar or RMB) decreases. Also, an efficient infrastructure reduces overall downtime. Such is the case of India, as pointed out by Vaibhav Mandhana [3]: “Given the poor roads, a shipment from India's north can take a week or more to signNow India's south. Sometimes it is quicker and cheaper to actually get a shipment from Shenzhen than Kolkata. Time is money and all those delays add to your cost. If I could get something in two days, I could sell it immediately rather than wait two months to sell it [add up the interest costs]”"The road freight from LA to Nevada will cost you a lot more than the sea freight from China to LA."[5]D. Subsidized Utilities and Availability: Within China’s industrial areas many fixed and variable production costs are heavily subsidized. For example: electricity and water are subsidized up to 30% compared to normal household or commercial zones. Moreover, the local government gives support with land access at competitive rates, creating jobs in the area. This further helps to diminish the cost of the end product – after all you have access to cheaper land, water and light (What manufacturing does not require these? - Hell, even mining bitcoin does!). In non-industrialized or not fully industrialized countries (Indonesia, Vietnam, India), access to water and electricity remains a critical issue, until today. “In Coimbatore and other industrial places, you get power for like eight hours a day. That means the machinery lies idle for sixteen hours and that wasted capacity adds to the cost.”Do we see a trend of several factors, other than labor, which affect the overall cost of the product? Hold on, there are more!E. Bureaucracy: Barriers for entry in China, in this context, are extremely low. Although you need to fill out a huge number of papers (Customs Declaration Form, Land Annexation, Tax Filing, Compliance Related Documentation, Drawback/Rebate Forms, Annual Returns and etc.), the process is not complex. Relevant departments and accountability are there; you do not need to grease palms to get what you need; streamlined government policies are in place. Again, non-industrialized countries do not have many of these processes in place – they are in the early stages, whereas China has been through all this. I am not saying China is pure and not corrupt, there might be corruption in some cases, but the overall industrial process is so deeply rooted, that people just follow established guidelines. Greasing palms and running around places to get a stamp or a signature causes further delays (time is money) and increases overall costs. This is considered more as “Political Will” than bureaucracy; meaning the government’s will to allow you to do business is prominent thus reducing barriers for you to do business or manufacture or engage in services.F. Technology and Automation/ Skilled Labor: It would be unreasonable to discard China’s interconnectivity between technological advancement and manufacturing capacity. They work hand-in-hand. Availability of the latest technology to manufacture products of a high quality on a large scale. And let's be honest, scalability can be a very important factor in deciding price of a product. Apart from technology, China has a large population, thus having a bigger access to a wide talent pool. Availability to a greater talent pool decreases the overall demand as there is an oversupply – again, denting the costs of the product. If you recall, Tim Cook's main reason for manufacturing in China is: the depth of highly skilled labor in the manufacturing space. To rephrase what Cook said: "No other country in the world besides China has the combination of an electronic component supply chain and large pools of skilled labor needed to make iPhones on the scale which Apple needs."G. Labor: It is comparatively cheaper to many so-called “developed countries”. You can have someone do the same labor task for a comparatively lower price than say Europe or the USA for that matter. This further brings down costs. As noted before, it is not the cheapest – but it is not the most expensive either. What is important to remember here is that labor in China, is skilled – although most laborers are not trained, but have learned by doing. When you outsource to China, you’re working with time-tested factories that have been producing quality products in similar industries as yours for years on end, and in massive supply.Where a labor task might cost you $8-9 USD/hour in developed countries, it will cost you $450-500 USD for an entire month in China (8 hours a day, 28 days a month). If you do the math, that’s about $2.19 USD/hour. Countries like Indonesia a semi-skilled laborer will do it for half, $1.05 USD/hour – but the manufacturing process will be influenced by factors all the factors mentioned.H. Local Government: Local government officials are appointed, not elected. Part of their job is to help the industries and they are measured by results. Furthermore, locals compete with each other. That means Suzhou is competing with Chengdu to attract industries, and so on. Hence officials are always using their local advantages to help, attract, and grow industries, such as providing low cast land, building industrial parks, and making sure that the support infrastructure (roads, electricity, water, etc.) even local housing and schools are there. Since these officials are not elected locally, their actions are much more efficient rather than dealing a motion to go through town hall meetings or waiting for a ballot to pass for months. The downside of such efficiency could be that some environmental studies were not complete or many local concerns are not addressed fully (All credit for how to local governments operate within China go to Mr. James Yeh ).Here are few controversial factors, claimed by several sources:I. Currency: There is the ever-present theory of currency manipulation among economists, where China undervalues their currency by an estimated 30%-40%, which simply makes every product that China ships out 30-40% cheaper than those of a potential American competitor. The Yuan is manipulated and pegged undervalued to the US dollar [2]. So the price quoted in US dollars( more exports are quoted in dollars), will be cheaper than normal; (This manipulation has affected the domestic price of the product and labor wages as it has been kept much lower than it should have been. The Chinese yuan has, however, been steadily increasing in value against the dollar over the past few years.J. Compliance: The Chinese government does not bind itself with Intellectual Property issues. They allow the industry to investigate the products developed successfully elsewhere in the world. They then produce them in large quantities. Personally, there is nothing wrong in this benchmarking. Most industries do benchmark; especially in the automotive world. This saved the industry from expensive investments in R&D [4]. Although China has its own environmental protection agency, the environmental protection laws are generally lax and not enforced fully, especially at the local level. In previous years, Chinese factories cut down on waste management costs -further bringing down overall product costs. Things have been different lately, thanks to the strong efforts from the national government. Laws on IP and environmental protection are being enforced, especially after the Hangzhou G20 summit. There is still some belief that more needs to be done.If cheap labor was in itself the key driving factor, a large percentage of the labor-intensive factories would have already shifted to cheaper labor countries and lower labor-intensive jobs would have returned to the countries such as the USA - because China is not the synonym for cheap labor anymore. But that's not what we are experiencing; only certain jobs within the manufacturing field are moving to South East Asia. A huge chunk is there and is still able to reap the benefits of various factors. It will take more than a cutthroat desire for emerging economies to set up a business ecosystem that can compete with China's.1. https://www.industryweek.com/env...2. https://qr.ae/TUtz1K3. https://qr.ae/TUtzTO4. https://labs.ebanx.com/en/market...5. Walter Hay's answer to How expensive is it to import to Nevada from China?6. 5 Reasons Why You Should Manufacture In China With ITI[7] China Will Continue To Dominate World ProductionThanks for your upvotes! If you would be kind enough to give a like for this same article on my LinkedIn profile: https://www.linkedin.com/pulse/w...
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