The Companies Act 2013 has simplified the procedure of incorporating a Company in India. The basic requirements for incorporation are as follows:
2. Name Availability:
4. Registered Office:
Now the Ministry of Corporate Affairs has come up with a speedy procedure for incorporation of Company by introducing SPICE ‘Simplified Proforma for Incorporating Company Electronically' by way of e-form INC-32 along with e-form INC-33 (Memorandum of Association) and e-form INC-34 (Articles of Association). Also, in case the subscribers are foreign; business visa shall be required.
J & P's Professional Services in respect to Incorporation of a Company include:
Limited Liability Partnership
Limited Liability Partnership is an alternative business mechanism that gives the benefits of Limited Liability Company and the flexibility of a partnership firm. Limited Liability Partnership (LLP) is incorporated and registered under the Limited Liability Partnership Act 2008.
Procedure for LLP Registration
Digital Signature Certificate (DSC) & DPIN:
Digital Signature Certificate (DSC) and Designated Partners Identification Number (DPIN for all the proposed Designated Partners of the LLP must be obtained.
Name approval has to be obtained by submitting an application to the Registrar of Companies ["RoC"].
Preparation of Incorporation Documents:
After the name approval, incorporation documents shall be prepared. All partners will also sign a subscriber's statement.
Filing of Incorporation Forms on MCA Portal:
Incorporation documents are required to be filed with the office of the Registrar of the Companies.
Certificate of Incorporation:
If all the documents and forms filed are up to the mark as per the scrutiny of the officers at the ROC office, the LLP is issued a certificate of incorporation
Filing of LLP Agreement:
After the issuance of Certificate of Incorporation, an LLP Agreement, executed between the partners is required to be filed with the office of ROC.
This LLP agreement is required to be filed with the Registrar within 30 days of incorporation of the LLP.
J & P's Professional Services in respect to Incorporation of LLP include:
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Merger & Amalgamation
A merger is a blending of two or more companies in to one existing or new company to be formed for that purposes. The provisions of the Companies Act, 2013 related to the merger and amalgamation have been made effective w.e.f. 15th December, 2016.
J&P's Professional services in respect to Merger and Amalgamation include:
Shifting of Regd. Office
Shifting Of Registered Office
As per the provisions of the Companies Act, 2013 every company is required to have a registered office which is capable of receiving and acknowledging all communications and notices as may be addressed to it on and from the 15th day of its incorporation and at all times thereafter.
After incorporation, whenever there is a change in the registered office of the company then, a notice of the change of the registered office along with a verification of the registered office needs to be filed with the ROC within 15 days of each change.
For the purpose of understanding the provisions relating to shifting of Registered Office, the types of shifting can be bifurcated as:
The procedure of shifting of registered office form one state to another and from the jurisdiction of One ROC to another require approval of the Regional Director (RD) of the region in which the present registered office of the company is situated. For taking the approval duly executed petition along with necessary documents is to be filed with the office of the concerned Regional Director.
J&P's Professional Services include:
No charges for requirement list and Quotation.
All Companies seek support from various banks and institutions for financing their projects and business set ups. Lenders always insist upon having a management system for securing their money by way of creation of charge.
J&P's professional services include:
Corporate Social Responsibility (CSR)
CSR (Corporate Social Responsibility)
Corporates have excelled in the last two decades in generating much wealth and prosperity. But this wealth remained held in the hands of few. A major step was taken by introducing the concept of Corporate Social Responsibility in the Companies Act, 2013. Section 135 of the Companies Act, 2013 aroused the conscience of the Corporates, especially the large ones, for involving in inclusive growth of the society.
Applicability of CSR
Every Company having:
shall be required to constitute a CSR Committee of the Board consisting of three (3) or more directors, out of which at least one (1) director shall be an independent director, if any.
At least 2% of average net profit of 3 immediately preceding financial years is required to be spent on CSR activities every year.
Applicability on Foreign Companies
J&P's Professional Services in respect to CSR include:
Statutory Records & Registers
As per the provisions of the Companies Act, 2013, the Companies are required to prepare various statutory registers and other statutory documents.
The Registers need to maintained and updated eventually and should be kept at the Registered Office of the Company. The Statutory Registers to be maintained by the Company are as follows:
Other records to be maintained by the Company are:
J&P's Professional Services Include:
The Companies Act, 2013 has introduced Secretarial Audit, as a new class of audit which is mandatory for every listed company and other public companies having a paid up capital of Rs. 50 Crores or more or a turnover of Rs. 250 Crores and more, or as prescribed.
A member of the Institute of Company Secretaries of India holding certificate of practice (Company Secretary in Practice) can conduct Secretarial Audit and furnish the Secretarial Audit Report to the Company.
The scope of secretarial audit includes:
We, J&P provide all sorts of quality services in respect to secretarial audit.
Apart from the specified services, J&P has been engaged in providing all corporate secretarial services related to the following: