Company & LLP Compliances
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Company & LLP Compliances Work
Applying for DIN/DPIN
Any person(not having DIN) proposed to become a first director in a new company shall have to make an application through e form SPICE. The applicant required to attach the proof of identity and address along with the application. DIN would be allocated to User only after approval of them.
Surrender of DIN /DPIN
Due to following reasons Surrender of DIN is required(1)Multiple DIN(2)DIN is obtained through fraudulent practice( 3) Director is declare as unsound mind by a competent court(4) Director is Insolvent (5) When a director is not associated with any company.
Update of DIN/DPIN KYC
As per rule any person who has been allotted ” Director Identification” Number ( DIN/DPIN) on or before 31-3-2022 and the status of such DIN is Approved needs to file form DIR -3KYC to update in the system on or before 5th October 2022.
Duplication of DIN
Section 155 deals with prohibition to obtain more than one director identification number. Duplication of DIN means when director holds more than one DIN .Initially while applying for DIN there was no passport or PAN verification, so there is maximum probability of Duplicate of DIN .Now DIN is tied with PAN. As per rules and regulations each person is allowed to obtain one DIN.
Incorporation of Company/LLP
A company can get incorporated as various types of businesses, which is generally depends on the need and the capital of the business owner. These various types includes one person companies , public limited companies, private limited companies , Limited liability partnership, foreign companies etc. According to Section33 of the companies Act, 2013 the registration of a company is obtained by filing of application with the Registrar of Companies.
Filing of ROC Returns
Following required forms to be filed AOC-4 to be filed by all companies while ROC filing profit& Loss account and Balance sheet .Annual returns to be filed in MGT 7 to be filed by companies. Cost Audit report to be filed in Form CRA -4 to be filed by the companies.
Filing of ROC Compliance
ROC Filing means the filing of audited financial statement and annual returns by the company to the ROC .Under SECTION 129 AND 137 of the Companies Act If the company fails to file the ROC Filing , the company as well as the directors are liable to the penalties and the consequences for non filing.
Maintaing of ROC registers
The companies Act,2013 has specified a list of registers that the companies are supposed to maintain. Theses registers are (1)Register of Members(MGT-1),(2)Register of Debenture Holder or any other security holder(MGT-2), Foreign Register (MGT-3), Register of Directors and KMP, Register of renewed or duplicate share certificate(SH-2), Register of Sweat Equity Share( SH-3), Register of Charge(CHG-7), Register of Loan /guarantee/security given or acquisition of securities(MBP-2)
Issuance of Share Certificate
After the company’s Incorporation, the company is required to issue share certificates within two months from the date of incorporation. When additional shares are allotted to new or existing share holders , share certificates must be issued within two months from the date of allocation.
Share Transfer
A share transfer is the issue , Transfer or Purchase of Company shares from one party
to another .There may be times when you want to change the share structure of your
company, either by adding new Shareholders or by changing the existing proportions
of shares between share holder.
Company Common Seal
Common seal means the metallic seal of a company which can be affixed only with the approval of the Board of Directors of the company. It is the signature of the company to any document on which it is affixed and binds the company for all obligation undertaken in the document.
Company Name Change
Changing Company names amounts to a significant alternation since the Memorandum of Associations and Articles of Associations needs to be altered .As per section 13 of the Companies Act, 2013, When a company name is altered u/s 13(2), the old name of the company shall be replaced by the new name in the register of the companies and shall be done by the Registrar. The registrar must also issue a new certificate of Incorporation
with the new name.
Object Change in MOA
Section 13of the companies Act, 2013 deal with change of object which says that the
object of the company can be changed by a special resolutions and the Registrar shall register any alternation of the memorandum with respect to the objects of the
company and certify the registration
Registered Office Change
If the company change the registered office within the same city, the company needs
to file INC22 with MCA. It should be filed within 30 days of passing the board resolution. The utility bill for businesses address proof , NOC from the owner and the rental agreement is the place is rented must be attached.
Enhancing Authorized/Paid-up capital
The Form SH 7-is to be filed with the ROC within 30 days of passing the respective
resolution. The objective of this form is to intimate the Registrar regarding details of
the increase in the authorized capital.
It is required to conduct a Board Meeting of the Company and pass the board
resolution for issuing the paid up share capital to either existing shareholders or other
than existing members
Appointment of Director
According to the companies Act, only an individual can be appointed as a member of
the board of directors. Usually, the appointment of directors is done by share holders. Accompany , association , a legal firm an artificial legal personality
cannot be appointed as director
Removal / Resignation of Director
The outgoing Directors can either resign or can be removed from the company
by following the due procedure of Law. In such cases , a Director can resign or be
removed by filing the intimation of Change of Director with MCA. The procedure for resignation of director and removal of Director by the Board of share holder.
Change in designation of Director
Every company, whether new or existing , is required to file an e-FormDIR-12 for particulars of the its directors and key managerial personnel of the company with the Registrar. Within 30 days from the date of appointment of resignation and any change taking place in their designation.
Search Report
ROC search report is a report prepared by the practicing CA or CS or Advocate after Inspection of the documents or records maintained with the ROC about the company. it is the tool of the stack holders or banks of the details of the company” records.
Public Document download
The public documents of a company are Certificates ( e.g certificate of commencement
of business, certificate of Incorporations , Change of Directors, & incorporation
documents.
Digital Signature Certificates
Digital signature Certificate ( DSC) are the digital equivalent ( that is electronic
format) of a physical or paper certificate. The certificate is used to conform that the
public key belongs to the specific organization.
Change of Board
Call a special meeting when you want to change the board of directors before the term has ended. Give all share holders notice of the meeting. the notice must include the place at which the meeting will be held, the time and date of meeting and the
purpose of the meeting
