Learn all about DIR- 3 KYC

Starting your own business may be a long cherished dream and changing into a Director is that the most honourable position. As you all apprehend that to begin a corporation in Republic of India it's vital to urge the corporate registration through with the Registrar of firms and wish to follow the rules arranged down by the Ministry of company Affairs.

Suddenly there was a bout of confusion for all the administrators of the corporate by receiving messages from the Ministry of company Affairs to file the DIR- three KYC before the maturity date that was fifteenth Gregorian calendar month 2018 to hold on along with your prestigious position as a Director and keep the DIN standing Active.

So all the leased Accountants, Company Secretary companies were activated with this news and were needed to support their revered purchasers seeking for the main points and the way to travel concerning it.

As we tend to all square measure aware that the Ministry of company Affairs makes amendments and frames rules as per the businesses Act 2013, DIR- three KYC was conjointly introduced within the year 2018. In straightforward terms, i'd prefer to justify all concerning DIR- three KYC.

Documents Required:
1. Name (as per PAN database)
2. Father’s Name (as per PAN database)
3. PAN of the Director (mandatory for voters of India)
4. Date of Birth (DoB)” (as per PAN database)
5. Personal Mobile variety and private Email Address
6. Proof of gift Address like financial statement or any Utility Bill within the name of the director with the right address, less than a pair of months previous.
7. Aadhaar is obligatory, if it's appointed. If not, then elector ID or Passport or license shall be connected.
8. Digital Signature of Director (Rs 800 are going to be requested if DSC isn't offered or DSC has expired)

Pre-requisites for filing the DIR- three KYC
1. The DIR- three KYC type must be punctually certified by a active leased businessperson/ Company Secretary/ Certified Management Accountant
2. The form ought to be uploaded beside the Director’s Digital Signature Certificate (DSC)
3. For Associate in Nursing Indian subject, the PAN mentioned in DSC are going to be verified with the PAN within the DIR- three KYC type
4. For Foreign nationals, the name within the DSC and therefore the name within the DIR – three KYC type ought to match
5. Non-Resident Indians (NRIs) should have a far off address and mobile variety
6. In case of multiple DIN numbers, the Director must retain the oldest DIN variety and submit all the most recent ones by filing DIR five type.

So, all this exercise is completed by the govt. of Republic of India to create the business clear and authentic, and anyone or everybody can't be a Director. To be a Director in Republic of India, it's obligatory to possess your documents done as per the Indian Government standards.

COMPANY FORMATION IN INDIA |  COMPANY REGISTRATION IN INDIA

Electric Vehicles Market In India

Electric Vehicles Market In India

The government of Bharat in its latest budget extended many new announcements to spice up the retardation automobile economy, as well as a bunch of reforms for remodeling the electronic vehicles market. during this post, we tend to highlight the nuances of the booming electrical vehicle trade and conjointly forecast prospects of investment during this forthcoming section.

Why is Bharat the correct marketplace for electrical Vehicle development?

Various freelance and government surveys have shown that besides a wonderful future for electrical vehicles, it’s the 2 and three-wheeler electrical vehicles that square measure slated to indicate the best growth. we tend to presently have one.5 million electrically high-powered three-wheelers on the road. Bharat is additionally the third-largest automobile market within the world, creating it the electrical Vehicles section a robust consumer-driven business. With the planet attention shifting to the adoption of cleaner technologies with smallest environmental impact, the longer term of the electrical vehicles trade looks bright, albeit with many challenges.

Government Schemes for electrical Vehicles

1.FAME — quicker Adoption and producing of Hybrid and electrical Vehicles

This theme, with associate degree outlay of ten,000 crores has primarily been created for investment in charging stations with participation from each non-public businesses and also the public sector. comes for rising infrastructure create mentally a faster-charging dock for little vehicles and bigger charging docks for buses and significant vehicles. Original instrumentation makers are given incentives like subsidies underneath the theme for innovation, fitting charging networks, simplifying the method of operation and installation electrical vehicles. Buses priced up to two crores, hybrid vehicles underneath Rs fifteen lacs, three-wheelers underneath Rs five lacs and two-wheelers underneath Rs one.5 lacs will avail incentives underneath the theme.

2. Tax rebates to consumers of electrical vehicles

Besides providing subsidies to makers, the budget free by minister Nirmala Sitaraman earlier this month created the government’s intention of promoting the buyer aspect of the electrical vehicles trade terribly clear. whereas automobile loans for ancient vehicles square measure simply accessible and provide lots of straightforward finance choices, the electrical vehicles are priced higher.

To ease the burden on the customer and facilitate finance, associate degree taxation rebate of up to one.5 lacs on the interest element of loans taken by customers to shop for electrical vehicles is offered, with a complete of two.5 lacs over the complete loan amount.

Moreover, impost exemption on lithium-ion cells has been declared to cut back the value of mercantilism this essential element of electrical vehicles, and several other new exemptions underneath direct and indirect taxes square measure two-wheelers for producing inputs for the electrical vehicles trade.

3. Training courses on electrical Vehicles

Ministry of talent Development and Entrepreneurship has conjointly declared new ITI courses on electrical Vehicles to take care of a gradual and trained men able to strive against the rise in demand.

Comparing the Indian industry with Developed Markets like China

The International Energy Association information reports that China is that the quickest growing trade once it involves electrical vehicles. China has obligatory strict restrictions on investments in new gas or diesel plants and plans to sell four.6 million electrical vehicles by 2030. Similarly, Japan has conjointly offered support to its domestic manufactures for export of electrical vehicles associate degreed has framed an formidable target of reducing emissions from conveyance sources by eightieth. Thus, if Bharat doesn’t capitalise on its expansive industry, upgrade its existing infrastructure and train shoppers and men to adopt this technology, many countries would stand to realize. The NITI Ayog is additionally considering a proposal to ban all ancient combustion engine vehicles by 2025.

Challenges

While a rise in gas and diesel excise duty, parking cess, congestion taxes etc square measure necessary for shifting demand towards the utilization of electrical vehicles, they’re at the tip of the day forced and artificial suggests that. A general drawback relating to the utilization of electrical vehicles is that the lack of infrastructure that Bharat must power its retardation industry, and a modification within the general perception relating to pollution, congestion and air quality impacts of vehicles that use ancient fuels.

Since the celebrity theme, section two shifts its concentrate on charging — metal battery assumes bigger significance. one in all the main issues within the electrical Vehicles trade is that the lack of accessibility of metal and alternative parts that structure the composition of a chargeable battery.

Manufacturers UN agency invest in developing electrical vehicles and its parts just like the lithium-ion battery etc square measure secure incentives by the central government. it’s conjointly believed that a correct utilisation mechanism for electronic waste like previous computers, cellular telephone batteries etc may be wont to extract metal that may be utilized in the electrical vehicles’ battery creating method.

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COMPANY FORMATION | COMPANY INCORPORATION | FDI IN INDIA

START-UP IDEAS TO BUILD A NEW INDIA

India has been recognized as one of the top start-up hubs in the world. Especially under the leadership of Narendra Modi there are several initiatives taken from the year 2016 to revolutionize the start-up businesses.
Start-up India Initiative is one such program taken by Prime Minister Narendra Modi which has benefited entrepreneurs across the country. This initiative was mainly take to support the economic growth and create better and more number of employment opportunities.

Let us look into the Facts and Figures of the Start-up India Initiative from 2016 till date:
NUMBER OF NEW START UPS REVOLUTIONIZED
- 16, 578 new start-ups recognized through 499 districts
- 47% of start-ups started from Tier 2 and Tier 3 cities
- A total of 1,66,385 fresh jobs Created by recognized start-ups.

REGULATION INITIATIVES TAKEN FOR SMOOTH FUNCTIONIG OF BUSINESS
1. Exemption from Income Tax Act of Section 56 for investment raised by start-ups upto Rs.25 Cr
2. Exemption from income Tax Act for investments raised by specified companies with no limits
3. 22 regulatory reforms implemented for ease of conducting business
4. Self certification regime for 6 Labour Laws and 3 Environmental Laws.

FUNDING AID TO START-UPS
- 66,000 Cr funding for start-ups with a corpus of Rs.10,000 Cr to support 8,000 companies
- 2151 Cr committed to 39 Venture Capitalist funds who have raised Rs.10,440 Cr
- 1819 Cr invested by Venture Capitalist in 255 companies, creating 29,895 employment opportunities.

INTELLECTUAL PROPERTY ASSISTANCE
1. 1031 Patent and Trademark facilitators to provide free support to start-ups
2. Rebate of 80% granted to 1403 start-ups for Patent filing fees
3. 50% rebate granted to 2672 start-ups for Trademark filing fees

CONSTITUTING INNOVATIVE INFRASTRUCTURE
- 260 Cr spent in establishing 2171 Atal Tinkering Labs in schools across 623 districts
- 7 Research Labs established with an amount of Rs. 665 Cr
- 77 new and existing incubators supported.

EASE OF NORMS PAVING FOR NEW AVENUES TO START-UPS
- For Government tenders the criteria for prior experience, minimum turnover and submission of money deposit is waived off.

STATE START-UP REVOLUTION
1. State Start-up ranking launched to enhance a healthy competitive spirit
2. Participation of 30 States and Union Territories
3. Seed funding aid to 3213 start-ups
4. 21 States have launched start-up policies
5. Start-up India Yatra conducted in 21 States to promote entrepreneurship in rural and non metro areas
6. Mentorship support to 76,146 entrepreneurs across 195 districts
7. 1314 start-ups offered free incubation.

START-UP INDIA HUB-A TOTAL DESTINATION FOR START-UP CULTURE
- Having a community of 3 lakh users and 599 investors, incubators and mentors
- 2,37,902 users have availed free Start-up India Learning Program to build business plans
- 647 start-ups supported through dedicated facilitation services
- 1262 start-ups connected to mentors.

As we can see that there are more than 10,000 start-ups being registered every month in India either as Private Limited, Public Limited, Limited Liability Partnership, Partnership or One Person Company, the government has taken huge steps that have benefited the start-ups. The facts and figures itself mentioned above are the success generated by the Modi held government. In India, the dream of becoming a successful entrepreneur is made a reality.

Start up India initiative is one of the best and biggest revolutions introduced by our present Prime Minister Narendra Modi apart from Swachh Bharath Abhigyaan, Make in India and others.

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Company formation in India | Company registration in India

MCA eases process for incorporation of LLPs

Ministry of Corporate Affairs (MCA) has notified amendment to the Limited Liability Partnership Rules, 2009 wherein process of incorporation of LLPs and reservation of their name have been amended in order to ease of doing business. Under revised norms, a new web based form ‘RUN-LLP’ has been introduced through which names of a LLP can be reserved without digital signature and Designated Partner Identification Number (DPIN). This form is very much similar to RUN web service reservation of name in case of companies. In this form, only two name can be proposed at single point of time and one resubmission is also allowed for reservation of name. In total, 4 names can be proposed.

On the other hand, to make the incorporation process form LLPs easier, a new form named ‘Form for Incorporation of Limited Liability Partnership (FiLLiP)’ has been introduced through which LLPs can be incorporated with up to 2 individuals as designated partners who do not have DIN. This new improvised process for applying for DPIN is similar to spice form for Company Incorporation.

Sebi allows NRIs, resident Indians to take FPI route
The Securities and Exchange Board of India (Sebi) on Friday diluted its controversial circular issued on April 10, which laid down the know-your-client (KYC) and ownership norms for foreign portfolio investors (FPIs).

In a reversal of stance, the market regulator has allowed both resident and non-resident Indians (NRIs), along with overseas citizens of India (OCIs), to invest in Indian markets through the FPI route, subject to certain conditions. The earlier circular virtually barred individuals with India connection from investing or managing a foreign fund.
The regulator, however, reiterated that the KYC requirements for FPIs would have to be in line with the rules under the Prevention of Money Laundering Act (PMLA).

Revised KYC norms for Foreign Portfolio Investors: SEBI
The Securities and Exchange Board of India has issued the revised guidelines for know your client (KYC) requirement for foreign portfolio investors wherein provision related to KYC documentations, Exempted documents, data security, timelines for compliance have been discussed.

Govt. constitutes high level committee on Corporate Social Responsibility
A high level committee has been constituted under MCA to review the existing framework and guide and formulate the roadmap for a coherent policy on CSR. The Committee is expected to review the existing CSR framework as per Act, Rules and Circulars issued from time to time and recommend guidelines for better enforcement of CSR provisions. It will analyse outcomes of CSR activities/programmes/projects and suggest measures for effective monitoring and evaluation of CSR by companies.

Ordinance Likely to Fast-Track Dispute Resolution
The government is mulling an ordinance which provides for time-bound settlement of commercial disputes and make arbitrators accountable, a senior government functionary has said. The ordinance is based on a bill cleared by Lok Sabha during the monsoon session. The bill is pending in Rajya Sabha and may get cleared only in November or December. The government feels an early measure to settle commercial disputes at a faster pace will help improve India’s ranking on ease of doing business index, the functionary explained.The bill seeks to help India become a hub for domestic and global arbitration for settling commercial disputes. The draft law provides for a timebound settlement of disputes as well as accountability of the arbitrator. The government feels that there is a need for robust mechanism to deal with institutional disputes.

Ecommerce Cos may Not Need Office in Each State
Amazon, Flipkart and a host of other ecommerce service providers may not require offices in each state to comply with the withholding tax provision under the goods and services tax (GST). They are required to collect this tax when they make payments to suppliers from October 1.
Ecommerce platforms have represented to the government that the provision be deferred. They said it would create compliance issues for them because they would need presence in every state. The vendors will face working capital issues, they added.

State and central government officials, who met a day before the GST Council meeting, have backed implementation of the provision in wake of revenue concerns but agreed for relief on presence in every state

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Registering a wholly owned subsidiary company in India

MNC's who choose to operate in more than single country can operate its business through a wholly owned subsidiary. Wholly owned subsidiaries can be called as those companies in which Parent Company owns all the shares of the subsidiary which gives access to the parent company to select a board of directors of the subsidiary or control the subsidiary.Wholly owned subsidiaries can also be a part of a different industry.

The subsidiary company is a company which can be incorporated by accessing the most of shares of the company (more than half) or either by way of controlling the composition of a board of India.
These type of companies can be called as a private limited company in India. They are recognised as Indian companies under the Income Tax Act, and they are also eligible for the deduction and exemption benefits like other Indian companies.

Following requirements to set up Wholly Owned Indian Subsidiary registration:
1. There must be minimum 2 shareholders.
2. There must be 2 directors, one must be an Indian resident.
3. All the directors must have DIN (Director Identification Number).
4. All the directors must have DSC (Digital Signature Certificate).
5. Less than a month of the incorporation , it is necessary to introduce a minimum paid-up share capital of rupees one lakh.


Advantages of Incorporating Wholly Owned Subsidiary or Indian Subsidiary
Brand Name
It provides the benefits to both parent company and as well as to the subsidiary company.

Control
Benefit to a parent company who can execute strategic control over its subsidiary company.

Common financial system
It provides a benefit of cost synergies by using a common financial system, sharing the administrative cost and other expenses between parent & subsidiaries.

Limited Liability
There is a limited liability for both the companies.

Global Stratergy
It provides protection and security to the company’s trade secrets, expertise and technical knowledge along with the control over the operations.

A foreign company can incorporate a wholly owned subsidiary in India after considering all the benefits tied with it.

If you have any Query regarding this Click Here 

Online Taxation & VAT registration

 After having registered their business to sell their products online or offline the next big step is how to register for VAT so you can then charge your customers.

VAT registration is required when you are in business of any goods or products that can be felt or touched and exceeds specified amount of annual turnover By rules of The Department of Customs and Excise the turnover from a business after which you must register is currently Rs 10 00 000 per annum. Under this and it's optional for registration. Specified amount of turnover depends on the state regulations which are INR 5 to 10 lakhs.

There are several reasons in favour of registering for VAT regardless of what your turnover may be:
1. When purchasing goods for your business lots of companies will only deal with you when you have registered for VAT and can provide with your VAT number.
2. Being VAT registered also emits an impression that your company is of some extent and may help to bring in business.
3. Being VAT registered allows you to offset the amount of VAT you paid on any purchases you may make for the business and therefore lower the amount of tax you pay.

The procedure of VAT registration is simple. First you need to need to fill VAT registration form online/offline, after submission the place of business is inspected by authorities, the forms are processed after payment of VAT deposit and then VAT Certificate is generated.

The documents required for VAT registration

1. Company Incorporation certificate.
2. MoA, AoA
3. PAN card of directors
4. Address proof of directors
5. Address proof of place of business
6. 4 photographs of proprietor/ partners/ directors



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Why your Startup should be an LLP (Limited Liability Partnership) - Incorporation of company in India

A Limited Liability Partnership (LLP) is a Partnership in which some or all partners have limited liability. It therefore exhibits elements of partnerships and corporations. In an LLP, one partner is not responsible or liable for another partner's misconduct or negligence. This is an important difference from that of an unlimited partnership. In an LLP, some partners have a form of limited liability similar to that of the shareholders of a corporation. In some countries, an LLP must also have a form of limited liability similar to that of the shareholders of a corporation. In some countries, an LLP must also have at least one "General Partner" with unlimited liability. 

Salient features of an LLP 

An LLP is a body corporate and legal entity separate from its partners. It has perpetual succession. 

Being the separate legislation (i.e. LLP Act, 2008), the provisions of Indian Partnership Act, 1932 are not applicable to an LLP and it is regulated by the contractual agreement between the partners. 

Every Limited Liability Partnership shall use the words "Limited Liability Partnership" or its acronym "LLP" as the last words of its name. 

Every LLP shall have at least two designated partners being individuals, at least one of them being resident in India and all the partners shall be the agent of the Limited Liability Partnership but not of other partners. 

Need for LLP 

For a long time, a need has been felt to provide for a business format that would combine the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost. The Limited Liability Partnership format is an alternative corporate business vehicle that provides the benefits of limited liability of a company but allows its members the flexibility of organizing their internal management on the basis of a mutually arrived agreement, as is the case in a partnership firm. 

This format would be quite useful for small and medium enterprises in general and for the enterprises in services sector in particular. Internationally, LLPs are the preferred vehicle of business particularly for service industry or for activities involving professionals. An LLP is similar in some ways to a standard Partnership, except that the individual members have lower liabilities to any debts which may arise from running the business. There are more administrative duties involved compared to the Partnership business structure. 

In fact, an LLP is more similar to operating a Limited Company. In terms of liability, the Limited Liability Partnership is itself liable for debts run up in running the business, rather that the individual members of the LLP. As a result, LLP's are only recommended for profit running businesses. The rights and responsibilities of all members would usually be laid out in a "Deed of Partnership". The LLP would typically select a "Designated Member" who would be responsible for maintaining communications with Companies House, preparing accounts and acting for the LLP if for some reason it is dissolved further down the line. 

For company Laws and company incorporation visit link  Company Incorporation in India

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Procedure for Limited Company Name Change

The name of a private limited company may have to be changed for a number of reasons including change of objective of the business, change of management, rebranding, etc., The name of a private limited company can be changed at anytime with the approval of the shareholders and Ministry of Corporate Affairs (MCA). In this article, we look at the procedure for private limited company name change.

Private Limited Company Name Change

The name adopted by a private limited company during incorporation can be changed later. To change the name of a private limited company, the consent of the shareholders through a special resolution and MCA approval are required. The change of name of a private limited company has no impact on its legal entity or its existence as a corporate entity. The change of name of a company will not create a new company or new entity. Therefore, the change of company name shall NOT:

1.  Affect any rights or obligations of the company

 2.. Render defective any legal proceedings by or against the company

3. Not affect any legal proceedings by or against the company and pending in the old name; they may continue in the old name.

Step 1: Board Resolution

A Board meeting must be convened to pass a resolution for change of name of the company and to authorize a Director or Company Secretary to make an application to the MCA for ascertaining availability of proposed name. At the same Board meeting, a resolution to convene an extraordinary general meeting for changing the name of the company, and altering the Memorandum of Association and Articles of Association can also be passed.

 

Step 2: Check Company Name Availability

Once a resolution is passed ascertaining availability of proposed company name, the authorized person can make a name application to the MCA. The procedure for name application is similar to that of the name application procedure followed during Company Incorporation in India. Therefore, the name must be as per the Companies Act 2013 Naming Guidelines.

 

Step 3: Pass Special Resolution for Company Name Change

Once a name is approved by the MCA, the Company must conduct an extraordinary general meeting and pass a special resolution for change of company name, and consequential changes to the Memorandum of Association and Articles of Association.

Step 4: Application for approval of Company Name Change

Once the special resolution for change of company name is passed, the special resolution and application for approval of company name change must be filed with the Registrar of Companies. An application for company name change must be made in Form 1B along with the requisite fee.

Step 5: Issuance of New Certificate of Incorporation

If the Registrar of Companies is satisfied with the company 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.

Step 6: Make Changes to MOA and AOA

Subsequent to the issuance of the new incorporation certificate, steps must be taken to incorporate the new company name in all the copies of Memorandum of Association, Articles of Association and Certificate of Incorporation issued by the Registrar.

New Simplified Process of Incorporation of Company in India

Applicable Sections governing INC-29 : 4, 7, 12, 152 and 153 of the Companies Act, 2013 along with relevant rules

The Government of India has notified on 1^st May 2015, a new system of incorporation of Private or Public limited company. It has introduced easy method of incorporating a company without waiting for making name application for reservation of name by the Registrar of Companies (RoC). It is possible now by filing e-form INC-29 (single form) with the Registrar of Companies, within whose jurisdiction the registered office of the company is proposed to be situated.

In this article, i would like to mention only the Key Points and the attachments to forms for this new system and not the complete procedure.  Reader comments are most welcome as always!!

Main points of new form INC-29

1.       No need to apply for DIN of 2’nd director

2.      Particulars of maximum three directors can be filed

3.      No need to apply for name application (filing of INC-1) separately

4.      The promoter or applicant can propose only one name hence name search of proposed name shall be taken very carefully on MCA site and trade mark site, to avoid rejection or re-submission of e-form. Only one chance will be given for re- submission of form.

5.       No need to file forms 7 (incorporation), DIR-12 (appointment of first directors of proposed company) and INC-22 situation of registered office of company.

6.      In case Directors/Shareholders have DIN(Director IdentificationNumber), then no need to attach separate address proof/ID proof.

7.       Registration fees Rupees 2000 with additional fees depending upon the capital of the company.

8.      The Promoter or applicant may prepare Memorandum of Association (MoA) as per template in Form 30 and Articles of Association (AoA) as per template in form 31.

8.      All attachments/declaration/proof will be required for Form No.29.

8.      Two re-submissions will be permitted. The Registrar of Companies shall give intimation to the applicant to remove the defects and resubmit the form within 15 days from the date of intimation by Registrar of Companies.

8.      Re-submission requires changes in affidavit or declaration including MoA/AoA, hence applicant or promoter should take utmost care.

8.      The form shall be scrutinized by the Registrar of Companies and will not be approved through Straight Through Process (i.e. STP).

8.      The facility to file INC-29 is optional. One can follow the procedure of application for DIN, DSC, name application (INC-1) and INC-7, DIR-12 and INC-22.

8.      The Certificate of incorporation shall be issued in INC-11.

8.      Facility for using ‘integrated form’ is not available for incorporating Section 8 companies.

Attachments or documents to e-form INC-29

1.       Memorandum of Association

2.      Articles of Association

3.      Affidavit and declaration by first subscriber(s) and director(s)

4.      Proof of office address

5.       Copies of utility bills that are not older than two months.

6.      Approval of the owner of the trademark or the applicant of such trademark for registration of Trademark (If the proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act)

7.       Proof of relation of the relative with promoter (If the name of the proposed company includes the name of relative(s) of the promoter)

8.      NOC from the sole proprietor/ partners/other associates/ existing company (If the promoters are carrying on any Partnership firm, sole proprietary or unregistered entity in the name as applied for)

9.      NOC from any other person (In case the proposed name contains name of any person other than the promoter(s) or their close blood relative(s)

10.   Copy of certificate of incorporation of the foreign body corporate and resolution passed (If any subscriber to the proposed company is Foreign company and/or subsidiarycompany in India) Note: It is optional to attach Copy of certificate of incorporation, in case the subscriber to the proposed company is a Body Corporate.

11.    Resolution passed by promoter of company if any subscriber to the proposed company is a Company itself.

12.   A certified true copy of No objection certificate by way of board resolution (In case the name is similar to any existing company, then it is mandatory to attach)

13.   Interest of first director(s) in entities (In case any of the director has any interest in the proposed company)

In case of an OPC, it is mandatory to attach following:

15.                Consent of nominee

16.   Proof of identity and residential address of the nominee

16.   Proof of identity and residential address of the subscribers if any one of the subscriber does not have a DIN

Proof of identity and residential address of such director if any one of the director (including subscriber cum director) does not have DIN, then it is mandatory to attach proof of ID and address proof of such director.

Legal Advice on Company Registration and Firm Registration

The Companies Act 1956 lays down the guidelines for the formation and registration of a Company in India. This Act applies to the whole of India and to all types of Company’s thus making it an important legislative body governing all registrations and closures.

The start of a company means a lot of work. It’s like giving birth to a child. It’s an exciting phase with a lot of anxiety and hope. Every new business requires company registration by law of the land. One should follow the state law as well when registering a Company.

The offices of the registry of the records have all the information regarding all the companies registered in India and the Registrar of Companies has all the authority and responsibility of registering a company in various states and union territories. It is to be noted that all the companies registered have to comply with all the statutory compliances falling under this Company Act.

Some points should be kept in mind when getting registering for the new business is done.

Legal advice:

The first and foremost important step is to ensure that the legal angle is taken care of. One should get the Director Identification Number for the business. Then is the chance of Company registration and then submitting the necessary documents to the government. Some basic documents are mandatory for company registration like, address proof, PAN card, photographs.

One should remember to select at least four suitable names for the new company. It should not be a copied one and should not violate the copyrights and patents.

Once the name is approved by the Registrar of companies, one can move ahead for company registration.

The Memorandum of Association and Articles of Association are legal documents which should be drafted by legal experts, different opinions sought and finally printed.

The application for registering a company has to be forwarded to the Registrar of Companies and should be accompanied with names, Memorandum of Association and Articles of Association besides other requisite documents.This has to be filed with theRegistrar of companies of the state where the company is being set up.

Under the Companies Act 1956, one can form two types of Companies, Private Company or a public company and get them registered as per the procedures laid down in the statute of the Companies Act.

Once the company is registered, one can patent a product or get a copyright to protect your company.

20 Types of Taxes in India

Types of taxes

Ever since I started working full time & earning at age of 23 years, I have started complaining to my father see how much I paid in taxes, my father always use to say “if you have started paying taxes its good thing that you earned an income.”

How many of you actually love to pay tax & how many of you know that government ask us to pay tax via 20 different manners?  In this article I will provide you brief information about these 20 taxes in India.

Also Read – 20 Tax Free Incomes in India

Tax is imposing financial charges on individual or company by central government or state government. Collected Tax amount is used for building nation (infrastructure & other development), to increase arms and ammunition for defense of country and for other welfare related work. That’s why it is said that “Taxes are paid nation are made”.

Type of Taxes in India:-

Direct Taxes:-

These types of taxes are directly imposed & paid to Government of India. There has been a steady rise in the net Direct Tax collections in India over the years, which is healthy signal. Direct taxes, which are imposed by the Government of India, are:

(1)   Income Tax:-

Income tax, this tax is mostly known to everyone. Every individual whose total income exceeds taxable limit has to pay income tax based on prevailing rates applicable time to time.

By doing investment in certain scheme you can save Income Tax.

(2)   Capital Gains Tax:-

Capital Gain tax as name suggests it is tax on gain in capital. If you sale property, shares, bonds & precious material etc. and earn profit on it within predefined time frame you are supposed to pay capital gain tax. The capital gain is the difference between the money received from selling the asset and the price paid for it.

Capital gain tax is categorized into short-term gains and long-term gains. The Long-term Capital Gains Tax is charged if the capital assets are kept for more than certain period 1 year in case of share and 3 years in case of property. Short-term Capital Gains Tax is applicable if these assets are held for less than the above-mentioned period.

Rate at which this tax is applied varies based on investment class.

Example:-

If you purchase share at say 1000 Rs/- (per share) and after two months this price increased to 1200 Rs/-(per share) you decide to sale this stock and earn profit of 200 Rs/- per share. If you do so you have to pay Short term CGT (capital gain tax) @ 10% +Education cess on profit as it is short term capital gain. If you hold same share for 1 year or above it is considered as long term capital gain and you need not to pay capital gain tax.it is considered as tax free.

Similarly if you purchase property after two year if you find that property price in which you invested has increased and you decide to sale it you need to pay short term capital gain tax.

For property it is considered as long term capital gain if you hold property for 3 years or above.

(3)   Securities Transaction Tax:-

A lot of people do not declare their profit and avoid paying capital gain tax, as government can only tax those profits, which have been declared by people. To fight with this situation Government has introduced STT (Securities Transaction Tax ) which is applicable on every transaction done at stock exchange. That means if you buy or sell equity shares, derivative instruments, equity oriented Mutual Funds this tax is applicable.

This tax is added to the price of security during the transaction itself, hence you cannot avoid (save) it. As this tax amount is very low people do not notice it much.

Current STT Rates are:-

Tax Rates

(4)   Perquisite Tax:-

Earlier to Perquisite Tax we had tax called FBT (Fringe Benefit Tax) which was abolished in 2009, this tax is on benefit given by employer to employee. E.g If your company provides you non-monetary benefits like car with driver, club membership, ESOP etc. All this benefit is taxable under perquisite Tax.

In case of ESOP The employee will have to pay tax on the difference between the Fair Market Value (FMV) of the shares on the date of exercise and the price paid by him/her.

(5)   Corporate Tax:-

Corporate Taxes are annual taxes payable on the income of a corporate operating in India. For the purpose of taxation companies in India are broadly classified into domestic companies and foreign companies.

corporate tax

In addition to above other taxes are also applicable on corporates.

 Indirect Taxes:-

 (6)   Sales Tax :-

Sales tax charged on the sales of movable goods. Sale tax on Inter State sale is charged by Union Government, while sales tax on intra-State sale (sale within State) (now termed as VAT) is charged by State Government.

Sales can be broadly classified in three categories. (a) Inter-State Sale (b) Sale during import/export (c) Intra-State (i.e. within the State) sale. State Government can impose sales tax only on sale within the State.

CST is payable on inter-State sales is @ 2%, if C form is obtained. Even if CST is charged by Union Government, the revenue goes to State Government. State from which movement of goods commences gets revenue. CST Act is administered by State Government.

(7)   Service Tax:-

Most of the paid services you take you have to pay service tax on those services. This tax is called service tax.  Over the past few years, service tax been expanded to cover new services.

Few of the major service which comes under vicinity of service tax are telephone, tour operator, architect, interior decorator, advertising, beauty parlor, health center, banking and financial service, event management, maintenance service, consultancy service

Current rate of interest on service tax is 14%. This tax is passed on to us by service provider.

(8)   Value Added Tax:-

The Sales Tax is the most important source of revenue of the state governments; every state has their respective Sales Tax Act. The tax rates are also different for respective states.

Tax imposed by Central government on sale of goods is called as Sales tax same is called as Value added tax by state government.VAT is additional to the price of goods and passed on to us as buyer (end user). Around 220+ Items are covered with VAT.VAT rates vary based on nature of item and state.

Government is planning to merge service tax and sales tax in form of Goods service tax (GST).

Also Read:- Download new 15G/15H Forms

(9)   Custom duty &Octroi (On Goods):-

Custom Duty is a type of indirect tax charged on goods imported into India. One has to pay this duty , on goods that are imported from a foreign country into India. This duty is often payable at the port of entry (like the airport). This duty rate varies based on nature of items.

Octroi is tax applicable on goods entering in to municipality or any other jurisdiction for use, consumption or sale. In simple terms one can call it as Entry Tax.

(10) Excise Duty:-

An excise or excise duty is a type of tax charged on goods produced within the country. This is opposite to custom duty which is charged on bringing goods from outside of country. Another name of this tax is CENVAT (Central Value Added Tax).

If you are producer / manufacturer of goods or you hire labor to manufacture goods you are liable to pay excise duty.

At some of places you need to pay tax in order to use infrastructure (road, bridge etc.) build from your money given to government as Tax. This tax is called as toll tax. This tax amount is very small amount but, to be paid for maintenance work and good up keeping.

So in total you pay 20 different taxes in direct or indirect way. At the end in order to make you laugh i will tell you one small joke on tax.