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Showing posts with the label Company Registration

Businesses that are best suited for sole proprietorship

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Company registration is extremely important for every business in order to protect your business and secure its rights. It protects you from risks and losses and at the same time shields the business from personal liability, more capital contribution, more customer attraction, greater stability and grooms the company’s potential... There are various forms of businesses available that one can register with. Hence, you should have clarity on the type of your business, your goals and objectives since each of these types come with their own legal implications. Among all, online sole proprietorship registration is the most simple one with minimal compliance procedures. The sole proprietorship is the “One Man Business Entity”. All the investments for the Sole Proprietorship business are done by a single proprietor who has complete control of the business as well as its management. In this article, we’ll talk about the various businesses for which online sole proprietorship registration is b...

Can Director Be Held Responsible For Company's Default

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Directors act as agents in the transaction which they enter into on behalf of the company, though they are not agents for individual shareholders or members. A director may be an employee, a servant or even a "worker" of the Company. The duties of directors are largely derived from the law of agency and trusts under common law rules and fair and impartial principles. Under the law of agency, duties of skill, care and diligence are imposed on directors. On the other hand, the law of trust imposes fiduciary duties on directors. He occupies the position of a trustee of the company's money and property, though he is not a trustee in the strict sense in respect of the Company's properties and funds. Every director is required to perform his duties sincerely, having the knowledge, skill and experience both of a person carrying out that director's function and of that person himself. As we’ve discussed, the directors act as agents of the company to the extent as authoriz...

How to choose name for Private Limited Company and its governing rules

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Company Registration is the overriding and most important step for any business organization. In order to protect your business and secure its rights, company registration is very essential. It shields the business from personal liability and protects from other risks and losses and at the same time provides more customer attraction, promotes greater capital contribution and greater stability and increases the company's perspective to expand and grow. Choosing a company's name is a cautious step in the company registration process . It is very crucial to choose your business structure and its name as it indirectly affects your business. Thus, before going for company registration , you should have clarity on the kind of business you are into, the name, your goals and objectives since each of these has its own implications.  The name  of a company is something that needs to be unique, desirable and one of its kind to make it stand out from the rest. Hence, there are spec...

Requirement of Updating DIN every year

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Director identification number (DIN) refers to a unique identification number that is given to a person desiring to be a director or an existing director. Through DIN, details of the directors are maintained in a database. It is an 8-digit unique identification number and has lifetime validity. The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time frame as notified. In this digitised era, application in eForm DIR-3 was sufficient to obtain DIN. For any individual who wants to be a director in one or more companies, this was only a one time process. However, now with the move of the MCA to update its registry, all directors with a DIN will have to update their KYC details annually in eForm DIR-3 KYC. This annual KYC for all DIN holders has been made mandatory by the MCA w.e.f...

How to Change Company’s Registered Office

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A registered office of a company is a location where all the Legal and government communication related to business is held. It acts as the official address of the company recorded with the Registrar of Companies (RoC), India, where all communications are sent. While going for company registration , it is mandatory to declare the registered office of the company and to submit the relevant documents as proof. However, the Companies Act, 2013 also provides the option for the company to declare a temporary address in case the company has not decided on the registered office while filing for offline or online company registration . The company may also have a corporate office, sub-branch, factory site, or administrative office in addition to a registered office. However, the registered office of a company in India must be registered with the Ministry of Corporate Affairs (MCA), the other branches and offices can be opened by a company itself without any prior communication with the RoC. Ty...

Conversion of Sole Proprietorship to Pvt. Ltd and its Governing Rules

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A private limited company and Sole Proprietorship are two different business structures & also are different in terms of their working. Sole Proprietorship registration is a popular type of enrollment of unregistered business institutions owned, managed, and operated by a single person.  The sole proprietorship is the “One Man Business Entity”. All the investments for the business with sole proprietorship registration are done by the single proprietor who bears all the losses and enjoys all the profits. The overall control of the business, as well as its management, is in his hands. He can appoint individuals for conducting the business, but the ownership will rest solely with him. This type of business is easy to start but can also hamper your growth with time. After all, it’s difficult to build a big business as a single person. Also, a sole proprietorship registration cannot get all benefits of operation as it grows. So, a need to convert the proprietorship into a p...

Documents Required for registering a Pvt Ltd Company in India

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Company Registration  is the overriding and most important step for any business organization. To protect your business and secure its rights,  company registration  is very essential. It shields the business from personal liability and protects from other risks and losses and at the same time provides more customer attraction, promotes greater capital contribution and greater stability and increases the company’s perspective to expand and grow. It is very crucial to choose your business structure carefully as the Income Tax Returns will totally depend on it. Thus, before going for  Online company registration , you should have clarity on the kind of business you are into, your goals and objectives since each of these types come with their own legal implications. While registering your enterprise, remember that there are various forms of businesses available that one can register with and each business structure has different levels of compliances that need to be met...

Various Forms Applicable on a Company Every Year

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The Companies Act, 2013 read with relevant rules governs various provisions which a company is required to comply with, and regular and timely RoC filing is a must for smooth maintenance of annual compliance which will keep your organisation away from any legal complications or any unusual consequences. Under this act, numerous forms are prescribed which must be filed by the company with the Registrar of Companies. Some of these forms are to be filed annually by the company, some of them are filed only once after the incorporation of the company while some forms are filed at the happening of an event, such as the auditor’s resignation, change in the name or address of the company, etc. If these events do not take place, then there is no requirement for filing these forms. In this article, we’ll talk about various RoC filing forms applicable to companies every year. Omitting to file any mandatory compliance will lead to a levy of heavy penalty/fees on the company as well as officers in ...

Documents required for registering an LLP in India

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Company Registration  is a primary step for any business organization. To protect your business and secure its rights,   company registration  is very essential. There are various forms of businesses available that one can register with both as a simple owner or a partnership. When we come to the domain of partnership’s  company registration , LLP due to its various advantages and flexible operations has gained more popularity in recent years over the ordinary partnership company registration. Limited Liability Partnership or simply LLP is an alternative business form that provides limited liability to the owners and is comparatively easy to manage and hassle-free. It is allowed under the Limited Liability Partnership Act, 2008. LLP is a unique hybrid combination of a limited and partnership company which provides the advantages of the Company and flexibility of a Partnership firm. The rights and duties of designated partners are governed by the LLP agreement. If you...

Consequences of Not Filing DIR 3 KYC

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  Director identification number (DIN) refers to a unique identification number that is given to a person desiring to be a director or an existing director at the time of company registration. In this digitised era, application in eForm DIR-3 was sufficient to obtain DIN. For any individual who wants to be a director in one or more companies, this was only a one time process. However, now with the move of the MCA to update its registry, all directors with a DIN will have to submit their KYC details annually in eForm DIR-3 KYC. This annual KYC for all DIN holders has been made mandatory by the MCA w.e.f. 10th July 2018 by including Rule 12A to Company registration Appointment and Qualifications of Directors) Rules, 2014. This compliance is pertinent to every person enduring DIN with ‘Approved’ status and also to those who are disbarred. There is a dual intention behind KYC of individuals holding DIN, firstly to assure updated data is available in the reports of the Government in res...