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Private Limited Company

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Private Limited Company

  • Free agreement drafting
  • DSC (2 directors);
  • DIN (2 directors);
  • MOA (INC 33);
  • AOA (INC 34);
  • Certificate of Incorporation;
  • Company PAN Card; and
  • Company TAN letter.
About Private limited company:-

A private limited company is one type of business structure. A private limited company, or LTD, is a sort of privately held independent company and a small business entity. This kind of business substance limits proprietor risk to their shares restrains the maximum number of shareholder to 50, and confines investors from openly exchanging shares.

Before the registration of a private limited company, its objectives are determined. The governing body for such a company is the Ministry of Corporate Affairs (MCA).

Section 2 (68) of the Companies, 2013 Act defines a Private Company as follows:

“A Company having a minimum paid-up share capital as may be prescribed, and which by its articles,— (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred; (iii) prohibits any invitation to the public to subscribe for any securities of the company”

Number of Members:-

It must have a minimum of 2 directors and a maximum of 15 directors. Amongst the directors in the business at least one must be a resident of India.

Why private limited company preferred by start-ups ?

Private Limited Company is favored structure by startups in view of dependability and development openings offered by this structure. Further, it guarantees separate lawful presence from its individuals. Thus, it can include into contracts and legitimate procedures in its own name. Additionally, a company's status is unaffected from any adjustment in individuals and the board.

Separate administrative board for example Governing body is advantageous for individuals intrigued for venture reason. Where Board chips away at compensation, the individuals get benefit partaking in type of Profit.

It additionally offers different subsidizing alternatives in type of private value, ESOP and then some. This makes it progressively reasonable for outer financing choices.

Also, consequently, it is increasingly favoured by VCs, Blessed messenger Financial specialists, and other outside subsidizing offices contrasted with some other business structures. It likewise is fairly favoured by banks and loaning offices due to the believability that it holds as a corporate structure. A private company is qualified to take advantage of enlistment under Startup India Plan of Legislature of India. This plan profits numerous advantages including charge exclusions for the perceived start-ups.

In light of these reasons, it is the need for both family-based businesses and new companies. Where administration based businesses will in general picks up LLP, Pvt Ltd is appropriate for product based and development situated businesses.

Documents required for Directors & Shareholders:
  • PAN Card;
  • ID Proof – Voters Id / Passport / Driving License (Aadhar card shall not accepted)
  • Address Proof –  Latest Bank statement with transactions / Telephone bill / Mobile Bill with address mentioned (latest one or  2 months);
  • Passport Size Photograph;
  • Other Information (sample attached);
  • Specimen Signature (sample attached). ( SHOULD BE SIGNED IN DARK INK PEN)
A detailed registration process

Step 1: Application for DSC (Digital Signature Certificate)
Step 2: Apply for the DIN (Director Identification Number)
Step 3: Application for the name availability.
Step 4: Filing of the E-Moa and E-AOA to register private limited company
Step 5: Apply for the PAN and TAN of the company
Step 6: Issued certificate of incorporation by RoC with PAN and TAN
Step 7: Opening a current bank account on company name

Limited Liability Partnership

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Limited Liability Partnership

  • Free agreement drafting
  • DSC for 2 designated partners
  • DIN for 2 designated partners
  • LLP Name Approval Certificate
  • Certificate of Incorporation
  • LLP Agreement
  • LLP PAN Card
  • LLP TAN letter
About LLP Registration:-

LLP Registration, a prime motivation behind why it has advanced is that of its effortlessness in a development and simple support. It encourages proprietors additionally to constrain their liabilities. This is the greatest preferred position of a LLP over a customary partnership firm.

Incorporating LLP organization has both Limited Liability highlights of a Private Limited organization and the adaptability of a Partnership firm. No accomplice is obligated by virtue of unapproved activities of different accomplices, in this manner singular accomplices are protected from joint liability made by another accomplice’s offense. LLP type of association is generally favoured by Experts, Smaller scale and Independent ventures that are family possessed or intently held.

Why to choose LLP registration:-

  • Limits Potential Legal Liability
  • Allows for Flexible Roles for Partners
  • Provides for Relative Ease of Formation
  • Offers Possible Pass-Through Tax Relief
Process of LLP Registration:-

Step 1: Obtain DSC
Step 2: Apply for DIN
Step 3: Name Approval
Step 4: Incorporation of LLP
Step 5: File LLP Agreement

Documents required:-
  • PAN Card/ ID Proof of the Partners
  • Address Proof of the partners
  • Residence Proof of Partners
  • Photograph
  • Passport (in case of Foreign Nationals/ NRIs)
  • Proof of Registered Office Address
  • Digital Signature Certificate

One Person Company

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One Person Company

  • DSC for 1 director
  • DIN for 1 director
  • MOA (INC 33)
  • AOA (INC 34)
  • Certificate of Incorporation
  • Company PAN Card
  • Company TAN letter
About OPC:-

Section 2(62) of Companies Act defines a one-person company as a company that has only one person as to its member. Furthermore, members of a company are nothing but subscribers to its memorandum of association, or its shareholders. So, an OPC is effectively a company that has only one shareholder as its member. Such companies are generally created when there is only one founder/promoter for the business. Entrepreneurs whose businesses lie in early stages prefer to create OPCs instead of sole proprietorship business because of the several advantages that OPCs offer.

One Person Company is a private limited company comprising of just a single shareholder who is additionally the executive of the company. OPC or One Person Company is an improvement over the customary structure of sole ownership constraining the obligation of the person to the aggregate of his/her capital contribution towards the business. There will be a candidate executive who has no force until the first shareholder/chief is rendered unequipped for maintaining the business eg. Because of death, the incapacity of mind etc. To join an OPC an application must be made to find out the availability of the name of business by applying through Form INC-1. On the off chance that the ideal name is available, at that point such name must be reserved. within 60 days from such reservation INC-2 form which is the application for incorporation must be submitted.

Benefits of OPC:-

  • Separate legal entity
  • Protect liability
  • Separate management for ownership
  • More credibility
  • Helps in expansion
  • Nomination provision for continuity of business life
Documents required:-
  • Copy of PAN Card of owner
  • Passport size photograph of the owner
  • Copy of Aadhaar Card/ Voter identity card
  • Copy of Rent agreement (If rented property)
  • Electricity/ Water bill (Business Place)

Partnership Firm

Legal Partnering

Partnership Firm

What is partnership firm?

The persons who own the partnership business are individually called ‘partners’ and collectively they are called as ‘firm’ or ‘partnership firm’. The name under which partnership business is carried on is called ‘Firm Name’. In a way, the firm is nothing but an abbreviation for partners.

Definition of partnership:-
The Indian Partnership Act, 1932, Section 4, defined partnership as “the relation between persons who have agreed to share the profits of business carried on by all or any of them acting for all”. The Uniform Partnership Act of the USA defined a partnership “as an association of two or more persons to carry on as co-owners a business for profit”.

Main features of partnership firm:-

The main features depends on the above definition are as follows:-
1. More Persons
2. Profit and Loss Sharing
3. Contractual Relationship
4. Existence of Lawful Business
5. Utmost Good Faith and Honesty
6. Unlimited Liability
7. Restrictions on Transfer of Share
8. Principal-Agent Relationship

Is registration of partnership firm mandatory?
No, Registration of partnership firm is not mandatory under the part VII of the Indian Partnership Act, 1932, though it is usually done as registration brings many advantages to the firm. It is optional for the partners to set the firm registered and there are no penalties for non-registration.

Effects of Non-Registration:-

However, section 69 of the act which deals with the effects of the Non-registration denies certain rights to an unregistered firm. Under the act:-
A partner of an unregistered firm cannot file a suit in the court against the firm or other partners for the enforcement of any rights arising form the contract or the right conferred by the partnership act unless the firm is registered and the person suing is or has been shown in the register of the firms as a partner in the firm.
No suits to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered.

Pros:-

  • Easy to form (No legal formalities)
    Availabities of large resources
    Flexebility in operation
    Better decision
    Sharing risk
    Cons:-
    Limited Capital
    Absence of Legal status
    Dissolution
    Mutual Trust
    Sharing of Profit

Procedure for Registration of the partnership firm:-

  • Make an Application
  • Prescribed form of incorporation in FORM 01 and AFFIDAVIT
  • Partnership deed with certified copy as well the ownership copy
  • Documents for registration

Sole Propreitorship

Legally speaking

Sole Propreitorship

What is Sole Proprietorship?

The word “Sole” indicates only one and the word Proprietorship indicates about the ownership of the business. Hence, sole proprietorship is one of the oldest form of business which is been followed by all the business entity, which means a single person owns, manage and control, all the business activities and an individual who operates the business is all knows as sole proprietorship.

Main Characteristics of sole proprietorship:-
  • Single Ownership
  • No sharing of profit or loss
  • One man’s capital
  • Unlimited liability
  • Less legal formalities
  • One man control

Is registration of sole proprietorship mandatory?
No, Sole Proprietorship Registration is not mandatory. It is optional on whether a person intends to register his sole proprietorship or not. Although, banks insist on getting sole proprietorship registered if you intent to open a bank account in the name of your business, but as per law it is not mandatory.

Documents required for sole proprietorship registration:-
  • Aadhaar card
  • Pan card
  • Bank Account
  • Registered office proof

Get your Sole Proprietorship registration in 3 best ways as follows:-
1. Register under Shops and Establishment act
2. Get Udyog Aadhaar Under the Ministry of MSME
3. Get a GST registration

Nidhi Company

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Nidhi Company

What is Nidhi Company?

The expression “Nidhi” means “funds” and as needs be, a Nidhi Company is a non-banking financial entity under the Companies Act 2013 (the act) with the predominant goal of seeking after judiciousness and investment funds among its individuals, getting stores from and loaning cash to its individuals for their mutual benefit. section 406 of the Act and the Companies Rules 2014 provide for Nidhi Company and other ancillary matters related to such Companies. So as to be qualified as a Nidhi Company, an element must be informed as a “mutual benefit society” by the central Government. They are so notified because their transactions are strictly limited to its shareholders and members. Their principal wellspring of funds is the commitment gotten from such individuals as stores and their principal wellspring of gaining is from the intrigue gotten upon the organized loaning of such funds to its individuals.

Number of members
Minimum of seven members is required to start a Nidhi Company out of which three members must be the directors of the company.

Share Capital and Owners’ Funds
A minimum of 5 lakh rupees, is required as the equity share capital to start a Nidhi Company. Nidhi Company can’t issue preference shares.

Activities prohibited in the nidhi company
Nidhi Company can’t deal with chit funds,Nidhi Company can’t deal with hire-purchase finance
Nidhi Company can’t deal with leasing finance
Nidhi Company can’t deal with insurance or securities business.
Nidhi Company is strictly prohibited from accepting deposits from or lending funds to, any other person except members.
Also, it can’t advertise itself to ask for any deposits.

Forms to be filed in Nidhi Company:-
The forms which needs to be filed for Nidhi Company are:-
INC 9
DIR 2

Documents required for registration:

1. Proof of the registered place of business (Ownership documents/ rent or lease agreement)
2. No Objection Certificate (signed by the owner/ landlord)
3. Identity proofs
4. Address proofs of the members
5. Photos of the members
6. PAN card copies of the members
7. Digital Signature (DSC)
8. Director Identification Number (DIN) of the directors
9. Memorandum of Association of the company (MoA)
10. Articles of Association of the company (AoA)

Procedure for Nidhi Company

1.DSC & DIN (02 Days)
2.MOA & AOA(02 Days)
3.Name approval of the Company(02 Days)
4.Form Submission(02 Days)
5.Col(Certificate of Incorporation)(04 Days)

Producer Company

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Producer Company

Introduction for Producer Company:-

MCA has inserted Part IX A of companies act 1956, Paving a way for the incorporation of Producer companies. The Act has allowed primary producers to organise themselves to gain a maximum profit from the market oriented economy.Firstly the Producer company is a hybrid between a private limited company and a co-operative Society. It also indicates the importance of the agriculture and the farmers who are dependent directly or indirectly upon agricultural field.

The objectives of producer companies shall include one or more of the eleven items specified in the Act, the more important of these being:
(i) Production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of members or import of goods or services for their benefit;
(ii) Processing including preserving, drying, distilling, brewing, venting, canning and packaging of produce of its members;
(iii) Rendering technical services, consultancy services, training, education, research and development and all other activities for the promotion of the interests of its Members
(iv) generation, transmission and distribution of power, revitalization of land and water resources, their use, conservation and communications relatable to primary produce;
(v) Manufacture, sale or supply of machinery, equipment or consumables mainly to its members.
(vi) promoting mutual assistance, welfare measures, financial services, insurance of producers or their primary produce;

Basic requirements for Incorporation:

For incorporating a Producer Company, minimum 5 Directors and 10 members are required.
The minimum paid up capital of the company should be 10,000 rupees.
The registered office address has to be situated in India.

Documents required for incorporation:
  • Copy of PAN card of all the members and Directors – attested by a gazette officer.
  • Identity Proof of all the members and Directors – attested by a gazette officer.
  • Resident proof of all the members and
  • Directors: – attested by a gazette officer.
  • Four Photographs of each member and Director.
  • Proof of address of registered office
Incorporation Fee:

The Producer Company may reimburse to its promoters all other direct costs
associated with the promotion and registration of the company including
registration, legal fees, printing of a memorandum and articles and the payment
thereof shall be subject to the approval at its first general meeting of the Members.
The Producer Company shall not, under any circumstance, whatsoever become or be deemed to become a public limited company under this Act

Procedure for Producer Company Registration

Step-1 Name Approval and Reservation (Form INC-1)
Step-2 Making DSCs and DINs for Directors
Step-3 Filing the Incorporation Form INC-7 with the relevant ROC
Step-4 Filing Forms like INC-22, DIR-12, etc.
Step-5 Submission of other necessary documents.

Public Limited Company

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Public Limited Company

  • Free agreement drafting
  • DSC (2 directors)
  • DIN (2 directors)
  • MOA (INC 33)
  • AOA (INC 34)
  • Certificate of Incorporation
  • Company PAN Card and
  • Company TAN letter
About Public limited company:-

Limited companies are very different from partnerships and sole proprietorship. In these latter business types owners are the business, In contrast, limited companies are owned by shareholders and Run by directors. A Public Limited Company under Company Act 2013 is a company that has limited liability and offers shares to the general public. It’s stock can be acquired by anyone, either privately through (IPO) initial public offering or via trades on the stock market. 

Number of Members:-

For Public Limited Company Registration, the company must have minimum 3 Directors, 7 Shareholders and Maximum 50 Directors and need Rs 5 Lakhs of Paid up Capital.

Pros:-
1. You still have a limited liability in case something bad happens
2. You receive the opportunity to raise the capital that you need
3. Gives you company credibility
4. It gives a business more resale value
5. Your stock can be used to facilitate the purchase of future acquisitions
6. It allows for diversification

Cons:-
1. It will be bit difficult to get set up
2. You will need to share your profits
3. You have less overall control of the company
4. There will be more expenses
5. You will experience double taxation at times

Documents required for Directors & Shareholders:
  • PAN Card  
  • ID Proof – Voters Id / Passport / Driving License (Aadhar card shall not
    accepted)
  • Address Proof –  Latest Bank statement with transactions / Telephone bill / Mobile Bill with address mentioned (latest one or  2 months)
  • Passport Size Photograph
  • Other Information (sample attached)
  • Specimen Signature (sample attached). ( SHOULD BE SIGNED IN DARK INK PEN)
A detailed registration process:

Step 1: Application for DSC (Digital Signature Certificate).
Step 2: Apply for the DIN (Director Identification Number)
Step 3: Application for the name availability.
Step 4: Filing of the E-Moa and E-AOA to register private limited company
Step 5: Apply for the PAN and TAN of the company
Step 6: Issued certificate of incorporation by RoC with PAN and TAN
Step 7: Opening a current bank account on company name