d5nxst8fruw4z
  • +91-8882-580-580
  • support@registrationwala.com
02
Dec
17
Kinds of Trademark Filing Forms

While making an application for registration of trademark and in the process of obtaining the trademark registration the applicant is required to file number of Trademark Forms as specified in Trademark Act 1999.

 A trademark is a unique and recognizable symbol, design or expression that uniquely identifies the source of a product distinguishes it from the other products. It is very important to obtain the registration of the trademark or the service mark as it helps to protect the mark, symbol, slogan, design etc from being exploited by the competitors. As soon an application for trademark registration is filed TM symbol can be attached to it and once it gets registered then the owner can affix the symbol of R along with the trademark. These symbols provide a great value and protection to the brand. 

The applicant is required to make trademark application on the proper trademark application form to avoid objection by an Examiner. Based on the nature of trademark filing following forms shall be filed-

It is very crucial to file a proper trademark form in every specific case so as to prevent the examiner from raising an objection to it. Thus, an application shall be filed in the appropriate form and with the specified amount of fees.

 

30
Nov
17
Procedure of Acquiring a TAN Number for a Company

Every company who is responsible for Deducting Tax at Source is required to obtain a Tax Deduction and Collection Account Number (TAN).

TAN or Tax Deduction and Collection Account Number is a unique 10 digit alpha numeric number required to be obtained by all persons who are responsible for deducting or collecting the tax. Section 203A of the Income Tax Act, 1961, mandates quoting of TAN allotted by the Income Tax Department (ITD) on all TDS returns.

In case any person fails to apply for TAN number or quote the TAN or quotes incorrect TAN a penalty of Rs. 10,000 shall be levied.

Structure of the TAN

The correct structure of TAN is as mentioned below:

TAN structure is as follows: ABBBB89899C

  1. The first three characters represent the city or state where the TAN was issued.
  2. The fourth character of the TAN is the initial letter of the tax deductor. Which Means name of the Tax Deductor starts with this letter.
  3. Next five characters are system generated numeric Numbers.
  4. The last character is Alphabetic Number which is also known as check digit which is also system generated.

Procedure for Obtaining a Valid TAN number

Broadly there are two modes of acquiring a valid TAN -

  1. Offline Mode- An application for allotment of TAN shall be made in duplicate in Form No. 49B at any TIN Facilitation Centers (TIN-FC). However, in the case of an applicant, being a company which has not been registered under the Companies Act, 2013, the application for allotment of Tax Deduction Account Number may be made in Form No INC-7.
  2. Online mode- The application for TIN allotment can be made through online mode by filing form-49B on the official website NSDL. After filing the form the applicant is required to pay the fees of Rs 62 for filing the TAN application. The payment can be made by cash, cheque, demand draft or net banking. As soon as the successful payment is made, a 14 digit acknowledgment number will get generated. The applicant shall submit the duly signed acknowledgment along with the required documents to the NSDL within 15 days from the date of the online application. After the documents and application are verified by NSDL, the TAN number will be communicated to the applicant.

To apply TAN Number for a Company visit Registrationwala.com

 

 

29
Nov
17
Producer Company Registration Process in India

A producer company is a company which is formed by the association of any 10 or more individuals or any two or more producer institutions or the combination of both. The objectives of the producer company must be in line with the objects specified in section 581-B.

The Producer Company is the company formed by the association of 10 or more individuals, or the any two or more producer institutions or both of them. The main objective of the producer company must be related to production, harvesting, procurement, grading, pooling, handling, marketing, selling, exporting of the primary product of members or import of goods or services for their benefit. Processing includes preserving, drying, distilling, brewing, venting, canning and packaging of the produce of its members. Further, it can manufacture machinery, sale or supply machinery, equipment or consumables mainly to its members.

Requirements

Following are the requirements of for forming a producer company-

  • Producer Company can only have equity share capital.
  • The minimum paid-up capital requirement for incorporating the producer company is Rs 5 lakhs.
  • Minimum 10 or more individuals or any two or more producer institutions or the combination of both may form the producer company.
  • A producer company can have maximum 15 directors
  • A producer company cannot be deemed to be a public company under any situation.
  • The maximum amount of dividend to be paid by the producer company is determined by its articles of association.

Process of registration of producer company-

  1. In order to start the procedure of incorporating the producer company the proposed directors of the producer company must obtain the digital signature certificate.
  2. After obtaining the DSC the next step is to acquire the director’s identification number by filing the form in DIR-3 along with required documents.
  3. The applicant is required to make an application for the name reservation in form 1A along with the fees of Rs.1000. Utmost care should be taken while choosing a perfect name for the company as it acts as the identity of the company.
  4. Further, the memorandum of association and article of the association shall be drafted as per the objectives of the companies.
  5. The application of incorporation along with the required documents shall be submitted to ROC.
  6. If the registrar is satisfied with the application for incorporation of Producer Company, then he/she will approve the same and issue Certificate of Incorporation within 30 days of receiving the application.
  7. The liability of the members of the producer company so formed shall be limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them and be termed a company limited by shares.
  8. After registration, the producer company will also become the body corporate just like the private limited company but subject to certain conditions. Unlike a Private Limited Company, a Producer Company does not have a limit on the number of members. Further, though the name of a Producer Company ends with the words “Producer Limited Company”, it shall under no circumstance become or be deemed to become a public limited company.
28
Nov
17
Amending the details of the Directors Identification Number

Every person who is the director of the company or intends to be the one is mandatorily required to obtain a distinct identification number called the DIN (Director Identification Number). Further, this number helps to keep a check on the track record of the director. Some situations may arise wherein the directors are required to revise the details of the DIN.

Filing Form DIR-6

In order to process the changes in the particulars filed in the DIR-3 an individual who has been allotted a Director Identification Number shall intimate such change to the Central Government within a period of thirty days of such change in Form DIR-6.

The applicant shall download Form DIR-6 from the official portal of MCA and fill in the relevant changes, attach the copy of the proof of the changed particulars and verification in the Form DIR-7 all of which shall be scanned and submitted electronically.

Any charted accountant in practice or the company secretary in practice must digitally sign the Form DIR-6 filled electronically.

Documents

Following attachments shall be made with the Form DIR-6 in all cases-

  1. A valid proof of change in particulars of DIN. Like a copy of verification by the director in Form No. DIR-7.
  2. As the proof of Identity of director/ designated partner the income Tax PAN number shall be submitted in case of Indian nationals. While in case of foreign nationals, passport is a mandatory requirement for proof of identity
  3. As the proof of residence of director/ designated partner the address proofs like bank statements, electricity bill, telephone bill, utility bills etc. shall be attached. In case of Indian director/ designated partner, documents should not be older than 2 months from the date of filing of the eForm. While in case of foreign director/ designatese d partner, address proof should not be older than 1 year from the date of filing of the eForm.
  4. The proofs submitted should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal in case of proofs which are in languages other than Hindi/ English.

Key Points

The key points to be noted while making the request for change in the particulars of DIR-3 are as follows-

  1. In case the details like name/father’s name/DOB as per Income-tax PAN are incorrect, director/designated partner is required to first correct the details in Income-tax PAN before filing this form.
  2. In case the contents specified in the eForm matches with already filled DIR-3/DIN details, then the application shall be marked as a potential duplicate and shall then be processed by DIN Cell. EForm shall be allowed to be resubmitted only once in case of processing under this.
  3. If the details filed are not identified as potential duplicate, DIN shall be auto-approved by the system and will be sent to DIN cell for verification if verification is not passed, an email is sent to the director for correction of defects by filing eForm DIR-6.
  4. In case eForm is filed for updating of income-tax PAN in respect of Disabled DIN, then the status of DIN shall be changed to ‘Approved’ consequent upon approval of the E-Form.
27
Nov
17
Procedure of opening a Current Bank Account for a Private Limited Company

The procedure for Opening a current bank account for the Private limited company is very easy. Private limited companies prefer to open a current bank account rather than opening a saving bank account. As saving bank account has the limit on the maximum number of transactions that can be carried out. Current accounts, on the other hand, have no transaction limits. Thus, all entrepreneurs open current accounts as soon as they start their business. Strict KYC rules have been prescribed by Reserve Bank of India for opening a current bank account. For Private Limited Companies the Reserve Bank of India has prescribed certain documents to be submitted to the bank in order to open a current account with any bank.

Documents required by banks to open a current account in the name of company

As per the KYC norms, following documents are required to be submitted with bank by private limited company-

  1. Certificate of Incorporation
  2. Memorandum of Association and Article of Association
  3. Certified true copy of board resolution for opening bank account and the identity of those who are authorized to open a bank account.
  4. List of Directors’ as per bank’s format
  5. Copy of address proof of registered office of company (If address of registered office is different from the one given in Certificate of Incorporation)
  6. Identity proof of all directors and authorized signatories
  • PAN Card
  • Adhar card
  • Voter Identity Card
  • Passport
  • Driving license
  • Arms License
  • Senior citizen card issued by state government or central government
  • Fisherman identity card issued by state government or central government
  1. The shareholding pattern of the private limited company as per bank’s format.
  2. PAN card of company or PAN card application acknowledgment copy(for companies which are incorporated within 90 days of application for opening of bank account)
  3. Proof of appointment of current director(s) in the case of a change in the board. As a proof copy of minutes of the board meeting in which such decision is taken shall be submitted.
  4. Proof of resignation of director(s) in the case of a change in the board.

In order to open a current account, every private limited company must file the account opening form along with the documents mentioned above.  Further, the company is required to submit the certified copy of the board resolution that will specifically indicate that the company desire to open a bank account. In addition to this, the resolution will specify the name of the directors who are authorized signatories both solely and jointly. Moreover, it will specify that the Know your customer(KYC)  will be updated from time to time.

21
Nov
17
Choose a Right Name for Your Startup

Choosing an appropriate name is one of the most important decisions that should be taken by any Startup.  In order to choose an appropriate name, a proper research must be conducted. After choosing a name the startup must ensure that the name chosen must be available for registration. Many times people start investing in the branding of their business name without even checking its availability, which may prove to be costly and may drag you in litigation in future for trademark infringements of other’s brand. So, before you begin, you should make sure that your business name is available for registration with the Registrar of Companies

Factors that should be considered while choosing a perfect name for the company are as follows-

  1. Unique and unforgettable- The name chosen shall be distinct and memorable. Every company wants a name that stands out from the crowd, a catchy handle that will remain fresh and memorable over time helps to acquire large market share.
  2. Avoid critical spellings- While creating a name, stay with words that can easily be spelled by customers. Some startup founders try unusual word spellings to make their business stand out, but this can be trouble when customers ‘Google’ your business to find you, or try to refer you to others. Also, customers are unable to memorize the unusual spellings.
  3. Keep it simple- The name chosen must be simple and short. Avoid using special characters and algorithms.

4.Easy to pronounce- Try to choose the business name that customer can pronounce and remember easily. Skip the acronyms, which mean nothing to most people. When choosing an identity for a company or a product, simple and straightforward are back in style, and cost less to brand.

  1. Avoid using restrictive name-While choosing the brand name make sure that the name chosen must allow your business to move around or add to its product line. This means avoiding geographic locations or product categories to your business name. With these specifics, customers will be confused if you expand your business to different locations or add on to your product line.

6.Ensure that the name is available- After finalizing a name an applicant must check the availability of the name chosen in order to avoid any further litigation.

  1. Suggestive company name- Try to choose a name which suggests the activities of the business entity rather than choosing any random name. Suggestive name helps the business entity to attract more customers.
  2. Use common suffixes- Try to choose common suffixes like“.com” or the standard suffix f. If these suffixes are not available for the name you prefer, pick a new name rather than settling for an uncommon suffix.

 Thus, a startup shall keep all the factors mentioned above in mind while choosing his company name as it will assist it in establishing a good brand image in the market.

15
Nov
17
Shareholder’s Agreement and its Significance

A shareholder’s agreement is a legal arrangement among the shareholders of the company. The main motive behind the establishment of shareholder agreement is to protect the shareholders’ investment in the company. Further it establishes fair relationship between the shareholders and govern how the company should be run.

Specific, important and practical rules relating to the company and the relationship between the shareholders shall be stated in the shareholder’s agreement.  The shareholder’s agreement can be beneficial both to minority and majority shareholders.

Benefits of Shareholder’s Agreement

  1. Help the Majority Shareholders - Shareholder agreement helps the majority of the shareholder in the multiple ways. The shareholder agreement contains the rule of share transfers and selling. As in case, the majority shareholder desires to sell their shares but a minority shareholder is unwilling to agree then including a provision forcing that shareholder to sell their shares is important. This provision is often referred to as a “drag along” provision. Further, a provision in the agreement can be made in order to prevent minority shareholders passing on confidential company information to competitors or setting up rival businesses.
  2. Helps the Minority Shareholder’s – Generally, all the major decisions of the company are taken by the majority shareholders. Minority shareholders have a very little control over the running of the company. Even if the articles of association include provisions that protect the minority shareholders, these provisions can be changed via special resolution by holders of 75% of the shares. There are laws that provide limited protection to minority shareholders but these can be costly to enforce and may not achieve the required redress.

Shareholder’s agreement helps the minority shareholders to have a say in the major decision taken for the company. These major decisions may include the decisions on the issue of new shares, appointment or removal of directors, taking on new borrowings or changing the main trade.  However, if the shareholders’ agreement requires all decision to be unanimous this could cause problems and ultimately prevent your company carrying out its business.

  1. Confidential- The shareholder agreement is a private document which cannot be seen by the outsiders like creditors or non-employee members. Unlike articles of association which is a public document made available at Companies House and can be reviewed by any non –member or a creditor.
  2. Raise Finance- Presence of the shareholder’s agreement assist the company in raising funds and reflects the stability of the company among the potential members.
  3. Safeguard Shareholder’s Financial Interest- Shareholders agreement prevents situations where changes in one shareholder’s personal circumstances can have an effect on the company or other shareholders within the company. It protects each shareholder’s financial interest in the company, and the interests of the shareholders’ families in the event of the death of a shareholder.
13
Nov
17
Analysis of Companies Second Amendment Rules, 2017- Shifting of Registered Office of Companies

MCA has introduced new rules through circular dated 27th July 2017 notifying Companies (Incorporation) Second Amendment Rules, 2017.This notification will amend the Rule 28 pertaining to ‘Shifting of registered office within the same state” and Rule 30 pertaining to ‘Shifting of registered office from one State or Union Territory to another state”. However, these rules will come into force only when they are published in the official Gazette.

Companies second amendment rules 2017

Amendment to rule 28

  1. When the company wants to shift its registered office from the jurisdiction of one registrar of companies to the other ROC then it is required to obtain an approval of the regional director in FORM INC-23. As soon as the regional director confirms this change, it has to file the same confirmation the ROC within 60 days. The ROC shall confirm the change of the address of companies within 30 days of the filing. The application filed shall be accompanied by following documents
  • A copy of the special resolution passed by the members
  • A copy of the board resolution
  • A declaration by the key managerial person that the company has not defaulted in the payment of dues to its workmen. Further, it should be stated that the declaration of the creditors is taken or the mode of the provision for their payment has been made.
  • Copy of the intimation acknowledged by the chief secretary that the employee interest is not sacrificed by the proposed shifting of the office.

Amendment to rule 30

Shifting of registered office from one union territory or state or another state

The process of shift in the registered office of the company intrastate is not as simple as the change within the same state. In order to shift the registered office from one state to another, the company is required to amend its Memorandum of Association for which a special resolution is required to be passed. The resolution passed shall be filed with ROC in form MGT-14 within 30 days of passing the special resolution. Further, the approval of the central government shall be obtained in this regard in form INC-23. The documents to be attached along with the application in form 23 are mentioned below.

  • A copy of the special resolution passed by the members
  • A copy of memorandum of association and article of association
  • A copy of the notice of the general meeting along with an explanatory statement
  • Minutes of the general meeting wherein the resolution for alteration has been passed.
  • A list of creditors and debenture holders
  • A copy of board resolution or Power of Attorney
  • Document relation to payment of application fee

As per the Amendment rules the company will also be required to advertise the same in the Form INC-26 in one regional language and one English language newspaper having the widest circulation in the state in which the registered office of the company is situated.  The advertisement shall be made within 30 days of filing INC-26.While as per the earlier rules the advertisement was required to be published within 14 days.  

 

11
Nov
17
Procedure of Changing the Name of Company under Companies Act 2013

Certain circumstances may arise wherein the company may require to changing its name. The reasons may be change of objective of the business, change of management, rebranding, etc. In order to change the name the name of the company the approval of the shareholders, Ministry of corporate affairs and central government shall be taken.

Procedure of change of the name of the company

Conducting Board Meeting

In order to process the change of the name of the company, a board meeting for approval of the change in name shall be called. The agenda of the board meeting will be to approve the change in name, to apply for name availability to the Registrar and then to call an EGM to get the shareholder’s approval for change in name.

In order to conduct a board meeting, a proper notice must be given to directors at least 7 prior to the meeting.  At the board meetings, two resolutions must be passed one for authorizing the Board of Directors of the Company to make an application to the Registrar of Companies for the reservation of the new name. Secondly, the Board has to pass a No Objection Resolution approving the newly proposed name.

Making an application for reservation of name

As soon as a board resolution is passed an authorized director can make a name availability application to the jurisdictional ROC in form INC-1. Form INC-1 shall be accompanied by the board resolution at the meeting.

After receiving the application, if the Registrar of Companies finds the newly proposed name eligible and in compliance with the law then it may reserve the available name for a period of sixty days from the date of the application.

Conducting extraordinary general meeting

To further process the change in the name the Board has to call for an extraordinary general meeting of the company. The notice regarding this meeting must be sent not less than twenty-one days prior to the date of the meeting. The notice must be given in writing or through electronic mode to every member of the company, the auditor or auditors of the company and every director of the company at their registered address by hand delivery, post or electronic means. An explanatory statement specifying the business to be transacted at the meeting has to be annexed to the notice.

Filing forms with the registrar of companies

The form MGT-14 containing the details of the special resolution passed at the EGM along with the special resolution shall be filed with the Registrar within 30 days of passing the resolution.

After filing the special resolution in MGT-14 the company needs to file an application for change of name of the company with the Central Government in Form INC-24 along with the requisite fee.

Registration of the name of the company

When the Registrar of Companies gets satisfied with the company’s name change application, the Registrar would issue a new certificate of incorporation. It is important to note that the company name change is said to be complete and effective on issuance of new incorporation certificate by the Registrar of Companies.

Amending Memorandum of association and Article of association

After receiving the new certificate of incorporation relevant steps shall be taken to amend the MOA and AOA.

 

10
Nov
17
Analysis of Companies (Amendment) Bill, 2017 for Non Filing of Annual Return and Financial Statement

Companies Amendment bill 2017 was passed in Lok Sabha on 27th July, 2017 and is awaited to be passed in Rajya Sabha. The proposed bill will become the Companies (Amendment) Act 2017 once it will obtain the assent Rajya Sabha and president of India. The amendment bill aims at promoting ease of doing business in India and making some necessary changes in the Companies Act 2013. Through this article we look into the impact of Companies amendment bill 2017 on Non Filing of Annual Return and Financial Statement.

Filing of Annual Return(Section 92)

Within 60 days from the date on which the annual general meeting is held or should have been held every company shall file with the Registrar a copy of the annual return. The annual return shall be accompanied with the statement specifying the reasons for not holding the annual general meeting, and such fees or additional fees as may be prescribed, within the time as specified, under section 403. Every officer who is responsible for the default shall be held liable to pay the fine.

Filing of Financial statements (Section 137)

Every company is required to file its Financial Statement along the consolidated financial statement and necessary documents with the Ministry within 30 days of its Annual General Meeting and if the same is not filed within 30 days it shall be considered as default from the 31st day itself. Every officer who is in default shall be liable for the fine.

Fee for filing (Section 403)

As per the provisions of section 403 of Companies Act, 2013 if company fails to file Annual form within additional period of  270 days then company have to file application with NCLT for compounding of offence u/s 137 and 92.

The amendment bill 2017 proposes to remove the reference of Section 403 from the section 137 and 92 under Companies Amendment Bill, 2017.It means once the bill becomes Act, no additional time of 270 days shall be available for filing the annual returns and statements. Further the company can file the returns only by paying an additional fees of rupees 100/‐ per day and different amounts may be prescribed for different classes of companies. In addition to this, the company would be liable for penal action. Moreover, if a company defaults on filing the annual return or financial statements for two or more times, the penalty levied would be doubled.

Due to the decrease in the time limit provided and increase in the amount of penalty Body corporates and professionals are recommended to file annual form within the specified time with registrar of corporates. 

08
Nov
17
Participating in Board Meetings through Video Conferencing

Participation through Video conferencing means participating in the board meeting through various audio and visual means without being present physically. Every company is required to conduct minimum four meetings in a year. Further, the process of conducting board meeting through video conferencing has been specified under Rule 3 of the Companies (Meetings of Board and its Powers) Rules, 2014 read with Secretarial Standard – 1.

Requirements

In order to participate in the meeting through video conferencing the director is required to communicate his intentions to the chairperson. The chairperson and the company secretary should take steps to safeguard the integrity of the meeting by ensuring sufficient security and identification procedures. In addition to this steps must be taken to provide proper video conferencing equipments or facilities for effective participation of the directors.

Moreover, following things cannot be dealt in a board meeting conducted through video conferencing-

  • Approval of the annual financial statements.
  • Approval of the Board’s report.
  • Approval of the prospectus.
  • Audit Committee Meetings for consideration of accounts.
  • Approval of the matter relating to amalgamation, merger, demerger, acquisition and takeover.

Notice

As per the Companies Act 2013 every company is required is required to serve a clear notice of 21 days before conducting a board meeting. The notice sent shall specify the below mentioned things about the participation through video conferencing-

The notice shall inform the directors that they have the option to participate in the meeting through video conferencing mode.

 The notice shall also contain all the necessary information to enable the directors to participate through video conferencing mode. Like: contact no. or e-mail address of the Chairman or any other person authorized by the Board, to whom the Director shall confirm in this regard.

 The notice shall obtain advance confirmation from the Directors as to whether they will participate through Electronic Mode in the Meeting.

Director who intends to participate through video conferencing shall give prior intimation to Chairman of the Company (In the absence of intimation it shall be assumed that Director will attend in person).

The venue of the Meeting and the place where all the recordings of the proceedings at the Meeting would be made shall be clearly stated in the notice.

Conducting a board meeting through Video Conferencing

At the beginning of the meeting the chairperson shall make a roll call where every director participating through video conferencing or other audio visual means shall state, for the record, the following namely:-

  1. Name;
  2. His location from where he is participating;
  3. He must confirm that he has received the Agenda and all the relevant material for the meeting (Like: Draft Resolutions, Notes to Agenda etc) and
  4. No one other than the concerned director is attending or having access to the proceedings of the meeting at the location mentioned in clause (b);

The Chairperson shall ensure that the required quorum is present throughout the meeting. The members participating through video conferencing shall also be considered for determining the quorum.

Every participant shall identify himself for the record before speaking on any item of business on the agenda.

 If a statement of a director in the meeting through video conferencing or other audio visual means is interrupted or garbled, the Chairperson shall request for a repetition by the Director.

At the end of discussion on each agenda item, the Chairperson of the meeting shall announce the summary of the decision taken on such item along with names of the directors, if any, who dissented from the decision taken by majority.

Registrationwala
Registrationwala.com is leading company registration consultant in India having strong client base of 10000+.

Member Of

CII

Delhi-NCR

Contact Address

   Monetic Corp Consultants Private Limited
    169, THIRD FLOOR, KAPIL VIHAR
   PITAMPURA, DELHI-110034
  +91-8882-580-580
    This email address is being protected from spambots. You need JavaScript enabled to view it.

Payment Method

Registrationwala

Follow Us

joomla vector social icons

Registrationwala support@registrationwala.com