Month: December 2019

New Company Registration

How do I Register a New Company?

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As per the Companies Act, 2013 all the Companies whether Private Companies, Public Companies or Non for Profit Organisations need to be registered with the Ministry of Corporate Affairs. As most of the founders are not aware of the basic legalities of setting up a new business, here is a guide to the most important question on how to incorporate a Company in India.

How do you register your company?

Initially, the entrepreneurs focus on their business idea, its viability, building a team, analyzing various prospects, creating a target market, etc. but the first and foremost thing to do is Company registration. As the Company would be the entity that would represent the founders of the promoters in the market.

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The most important step in the Company registration process is to get the proposed name reserved for the Company. An ideal Company name is the one that is easy to memorize, register and pronounce. The proposed name should also reflect the business activity of the Company.

One needs to carefully choose the Company name as the domain name should also be available. While checking the availability of the proposed name of the Company one needs to also check the name availability on the trademark site.

The Ministry of Corporate Affairs has made the whole Company registration process online and simplified under the ease of doing business initiative, the name approval is a fast track service wherein one can get the name approved within 24 hours of filing the web form.

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Once the name is approved the next step is to obtain digital signature certificates. One can get their DSC’s made through government listed agencies, these agencies are verified by the Controller of Certification Agencies.

Digital signature certificates are issued with one- two-year validity and can be renewed once it gets expired. DSC is password protected as they are used for certifying various forms that are required to be filed with government departments.

Accounting & Auditing

The most important step is to prepare the relevant documents and file the incorporation forms with the Ministry of Corporate Affairs. One can take assistance from professionals or hire them for such Ca services. The incorporation forms are linked forms which contain the following:

  1. FORM NO. INC-32 (Simplified Proforma for Incorporating Company Electronically): As the name specifies it’s an integrated form which shall enable the applicant to file the following:
  2. Name of the Company
  3. Director Identification Number
  4. Incorporation Certificate
  5. PAN
  6. TAN

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  • FORM NO. INC-33 (e-Memorandum of Association): This form contains the main activity of the Company along with the details of the subscribers i.e. the shareholders of the Company and the amount of authorized capital.
  • FORM NO. INC-34 (e-Articles of Association): All the rules and regulations along with the procedures for holding meetings, transfer of shares, voting rights etc. are listed in the articles of the Company. It like a rule book that the Company has to abide with.
  • FORM NO. INC-35 (Application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees Provident fund organization registration): One can apply for GSTIN / EPFO / ESIC through the same form.
Company Registration

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Once these forms are filed and approved by the Ministry, the Incorporation Certificate is generated and hence the registration process is complete.

Related Blog – Company incorporation in Dubai

Here are a few commonly asked questions:

Is one person company a private company?

Yes, One Person Company is a Private Limited Company, hence the Company name has the letters (OPC) in it.

Can one person company have employees?

Yes, there is no limit on the number of employees a One Person Company can have.

What is the fees for company registration?

The fee to incorporate a Company in India can fall in a price range of Rs. 5000/- to Rs. 12000.

How can I apply for Pvt Ltd Company?

The Company registration process is online, click on the to connect with professionals:- Company Registration

Which documents are required for company registration?

The following documents are required:

1) ID Proof ( PAN Card)

2) Any of the following proofs:

  • Adhaar
  • Voter ID
  • Passport
  • Driving License

3) Address Proof (anyone):

  • Electricity Bill
  • Telephone Bill
  • Bank Statement

4) Photograph of both the proposed Directors

5) Electricity Bill and Rent Agreement of premises

More Information to click here – CAONWEB

• Nidhi company registration in India

Nidhi Company in India – It’s Features, Advantages & Disadvantages

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NIDHI COMPANY

  • Nidhi company registration in India is governed under section 406 of companies act, 2013. The word “Nidhi” is sometimes used in reference to a treasure/a fund i.e. the company incorporation with the primary objective of creating a habit of savings amongst its members.
  • Companies which are incorporated as Nidhi Company are primarily involved in borrowing & lending to members only. Nidhi Company is a form of Non-Banking Financial Institution (NBFC). Inculcating the habit of savings among its members, Nidhi Company works on the principle of mutual benefit of both the company and its member.
  • Since Nidhi companies are formed under the rules of companies act, 2013 therefore it is not required to take a separate license from Reserve bank of India (RBI), hence it is easy to get Nidhi Company incorporation rather than a bank.

FEATURES OF NIDHI COMPANY

  • Borrowing & Lending to its members: Nidhi Company cannot lend & borrow from outside its member community. Restricting the business area of company also reduces the chances of business collapse.
  • “Nidhi ltd.”: “Nidhi limited” must be added to name of the company incorporation if it is registered as a Nidhi company under companies act, 2013.
  • Share capital: Minimum equity share capital of INR 5 lakh is required for company incorporation as Nidhi Company. Once you have registered it as a Nidhi company, You cannot issue preference shares.
  • No. of members: Atleast 7 members must be there to start a Nidhi company. Out of these 7 members, 3 must be the full time directors of the company.

Read other blogs: ALL ABOUT COMPANY REGISTRATION IN INDIA

ADVANTAGES OF NIDHI COMPANY

  • Nidhi rules, 2014: According to the Nidhi rules as designed for the functioning of a Nidhi company, they are not allowed to deal with the funds of any person other than their members and the powers to impose certain restriction by RBI are limited.
  • Ease of formation: Unlike other NBFCs or scheduled banks, Nidhi Company does not have to obtain a license from RBI. They have to initiate the process of new company registration as a public company with MCA under the Nidhi rules 2014 and they can start the functioning of the company.
  • Channelizing savings: Nidhi Company gives an opportunity to all its members to start the borrowing and lending process once they become member of it. Promoting an environment of savings among a lower and middle section of society. These small sections can now contribute and avail credit from Nidhi companies.
  • Low credit rate: Lower rate of interest on loan which is offered to the members of the Nidhi Company than prevailing market rate. This brings greater confidence amongst the members and boosts the process of savings to the members.
  • Minimal outside intervention: Since Nidhi company offers the borrowing and lending facility for its members only. Therefore, outsider intervention is automatically reduced since an outsider does not actually have a say in the internal matter of the company.
  • Cost effective: Nidhi Company registration is a cost effective affair. Unlike a scheduled bank registration or a private company registration formalities involved in Nidhi company registration are minimal. The minimum capital requirement of Nidhi Company registration is INR 5 lakh where you have the opportunity to invest the capital within the 2 months after the company registration.

Read more blogs: COMPANY REGISTRATION MADE EASY & HASSLE FREE

DISADVANTAGES OF NIDHI COMPANY

  • Limited Fund Raising: Fund raising in a Nidhi Company is directly related with the number of members it have because a Nidhi Company can only accept deposits and lend only to its members which limits it source of raising funds. 
  • Limited credit availability: Limited fund with the company raises the concern of limited credit availability which ultimately beats the very purpose for which the Nidhi companies were established.
  • RBI vigilance: Although there are no strict compliances imposed upon the Nidhi company by RBI, still their activities are governed by the Reserve Bank especially their deposit acceptance operations.
  • Other Regulations: The central government issues rules and directions governing Nidhi Companies from time to time. Therefore, they are not totally exempt from the regulatory framework.

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REGISTRATION REQUIREMENTS OF OPENEING A BRANCH OFFICE IN INDIA

REGISTRATION REQUIREMENTS OF OPENING A BRANCH OFFICE IN INDIA

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Expansion of your business venture is one of the motives behind opening a branch office. Through branch office in India, foreign companies can conduct full fledge operations in India. However, the branch office is not allowed to carry manufacturing activities unless stated otherwise. There are certain strings attached with the formation of a branch office in India. Foreign companies are allowed to open branch offices in India for the following purpose:

  • Import & Export of goods
  • Consultancy services
  • Research related work
  • Working as a buying/selling agent for the parent company
  • Rendering IT service in India
  • Foreign shipping company
  • Foreign banks

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Registration Requirements

  • The name of an Indian branch office shall be same as the parent company.
  • The branch office doesn’t have any ownership; it is an extension of an existing foreign country.
  • Expenses being met by head office  (In case it does not have the revenue from Indian operations)
  • The parent company must have a profitability record of immediately preceding five years.

Documents Required

As per RBI guidelines, an application needs to be submitted for the branch office by the RBI authorised dealer. Authorised dealer refers to the institutions having the license for the same.

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Following filings needs to be done for registering branch office in India:

  • Form FNC-1
  • Letter from parent company to RBI
  • Letter of authority to setup a branch office in India
  • NOC from the parent company
  • Certificate of incorporation, Articles of association & memorandum of association duly attested by the Indian embassy or notary in country of origin
  • Latest audited accounts statement & balance sheet for past 3 years
  • Name, address, contact info. Of authorised person in home country
  • Expected funding level operations in India
  • Proposed branch office address details
  • Details of activity being carried out in Home country.
  • Bankers certificate
  • Latest identity/address proof of all the directors
  • Organisational structure & its shareholding pattern
  • Complete KYC of shareholders holding more than 10% equity in applicant country
  • Duly signed account application form for Indian Bank.

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POST INCORPORATION REQUIREMENTS

  • Get yourself registered with the income tax authorities and obtain PAN Number
  • GST Registration if applicable
  • Obtain Director Identification Number (DIN)
  • Obtain Tax Identification Number (TAN)

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Cases in which prior approval of RBI is needed

Any application from a person outside India, for establishing their branch office in India shall require prior approval of RBI in following cases:

  1. When registered person/incorporation is from Pakistan
  2. When registered person/incorporation is from Bangladesh, Sri Lanka, Afghanistan, Iran, China, Hong Kong or Macau and the application is for opening a liaison or branch office in Jammu and Kashmir, North East region and Andaman and Nicobar Islands;
  3. Principle business of the applicant is in following sectors; defence, telecom, security or Information & broadcasting
  4. The applicant is a NGO/NPO of a foreign government

Exceptions:

  1. A banking company outside India, if they have obtained approval under banking regulations act, 1949
  2. A banking company outside India, if they have obtained approval under Insurance regulatory & development act, 1999

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