Startup India Registration2021-10-20T17:35:35+05:30

Startup India Registration

Eligible Companies, LLPs, and Partnership firms may apply for Startup Registration and can get recognized as Startups by DPIIT, in order to access a host of benefits such as tax exemptions, easier compliance, IPR fast-tracking, access to funds of funds, etc.

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    Online Company Registration

    A private limited company, is a type of privately held small business entity, in which owner liability is limited to their shares, the firm is limited to having 200 or fewer shareholders, and shares are prohibited from being publicly traded. A company becomes an independent legal structure when Online Company Registration happens. Private limited online company registration is governed by the Ministry of Corporate Affairs, Companies Act, 2013 and the Companies Incorporation Rules, 2014

    Private Limited Company, the most popular legal structure for businesses, should be chosen by anyone looking to build a scalable business. It is one of the most popular legal structure option for businesses in India. A Private limited company registration requires a minimum of two members and a maximum of two hundred members. A director of a private limited company has limited liability to creditors. In case of a default, banks / creditors can sell only company’s assets but not the personal assets of a directors. A Private limited company is considered one of the most popular corporate entity amongst the small, medium and the large businesses in India due to its various advantages. Start-ups and growing businesses choose for online company registration in India because it allows outside funding to be raised easily, limits the liabilities of its shareholders and enables them to offer employee stock options to attract top talent. As these entities must hold board meetings and file annual returns with the Ministry of Corporate Affairs (MCA), they tend also to be viewed with more credibility than a Limited Liability Partnership (LLP), One Person Company (OPC), or General Partnership.

    About Service

    The process for Online Company Registration is governed by the Ministry of Corporate Affairs, Companies Act, 2013 and the Companies Incorporation Rules, 2014. A natural person can be a director and as well as shareholder, where a corporate legal entity can only be a shareholder. In addition to that, foreign nationals, foreign corporate entities or NRIs are also allowed to be the Directors and/or Shareholders of a Company with Foreign Direct Investment, making it the preferred choice of entity for foreign promoters.

    Advantages Of Online Company Registration

    • Limited Liability

      Businesses often need to borrow money. In a General Partnership, partners are personally liable for all this debt. So if it cannot be repaid by the business, the partners would have to sell their personal possessions to do so. In an LLP, only the amount invested in starting the business would be lost; all personal property would be safe.

    • No limit on owners of business

      An LLP requires a minimum 2 partners while there is no limit on the maximum number of partners ; this is in contrast to a private limited company wherein there is a restriction of not having more than 200 members.

    • Dividend Distribution Tax (DDT) not applicable

      In the case of a company, if the owners to withdraw profits from company, an additional tax liability in the form of DDT @ 15% (plus surcharge & education cess) is payable by company. However, no such tax is payable in the case of LLP and profits of a LLP can be easily withdrawn by the partners.

    • Reduced Compliance

      An LLP only requires audited annual returns to be filed if it has a turnover of greater than Rs. 40 lakh or capital contribution of over Rs. 25 lakh. It also needs to communicate fewer business transactions and structural changes than a private limited company.

    • Owning Property

      A LLP being an artificial judicial person, can acquire, own, enjoy and sell, property in its name. No Partner can make any claim upon the property of the LLP – so long as the LLP is a going concern.

    Minimum Requirements For Online Company Registration

    • Minimum 2 Shareholders

    • Atleast 1 of the designated partners shall be an Indian Resident

    • Minimum 2 Partners

    • DPIN & DSC’s for all the Designated Partners

    • Minimum Contribution of 2 Rupees

    What Is Included In Our Online Company Registration Package?

    • DIN for 2 Directors

    • Name search & approval

    • Company PAN /TAN Card

    • Company Master File Kit

    • DSC for 2 Directors

    • MOA and AOA

    • Company Registration Certificate

    • Supporting Document for opening Bank Account

    Procedure For Online Company Registration

    • Application of DSC DIN

      First of all, the partners have to apply for Digital signature and DPIN. Digital signature is an online signature used for filing and DPIN refer to Directors PIN number issued by MCA. If the directors already have DSC and DPIN, then this step can be skipped.

    • Name approval

      You need to provide 2 different options for your company name to MCA of which one will be selected. Names provided should ideally be unique and suggestive of company business

    • MOA & AOA drafting & submission of forms

      Once name is approved, one needs to draft Memorandum of association and Articles of Association. All required details are filed to MCA in Spice forms once the drafting is completed.

    • Get incorporation certificate, PAN and TAN

      It typically takes 7-12 days for company registration and get the incorporation certificate. Incorporation certification is a proof that company has been created. PAN and TAN will be received from Income Tax department physically in 15-20 days approximately.

    • Bank Account

      You can submit the Incorporation certificate, MOA, AOA with a bank to open your bank account.

    Documents Required For Online Company Registration

    • Identity and Address Proof

      Identity and the address proof will be needed for all the directors and the shareholders of the company to be incorporated. In case of an Indian national, PAN card is mandatory. For the foreign nationals, apostilled or notarised copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.

    • Registered Office Proof

      All companies should have a registered office in India. To prove admittance to the registered office, a recent copy of electricity bill or gas bill or water bill or telephone bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/ his consent to use the office as a registered office of the company should be submitted.

    • List of documents to be submitted by the Director and the Shareholders

      Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
      Scanned copy of Voter’s ID/Passport/Driver’s License
      Scanned copy of Latest Bank Statement/Telephone or Mobile Bill/Electricity or Gas Bill
      Scanned passport-sized photograph

    • For the Registered Office

      Scanned copy of Latest Telephone or Electricity or Gas Bill or Water bill
      Scanned copy of Notarized Rental Agreement in English
      Scanned copy of No-objection Certificate from property owner
      Scanned copy of Sale Deed/Property Deed in English (in case of owned property)

      Note: Your registered office need not be a commercial space; it can be your residence, too.

    FAQ

    How much time is needed for conversion of LLP into company in India?2022-01-11T11:44:30+05:30

    On average it takes 1-2 months of time for completion of conversion, 2 different approvals are required from government bodies, one for name confirmation, second for incorporation and conversion into Company. However, this is dependent on the workload of the Central Registration Centre (CRC), MCA.

    Do I need to be physically present during this process?2022-01-11T11:44:05+05:30

    There is no such requirement, all the required documents are filed electronically, so you would not need to be physically present. You would just need to send us scanned copies of all the required documents and forms.

    Who can be a member of a Private Limited Company in case of conversion?2022-01-11T11:43:41+05:30

    All the partners of the LLP whether individual or a body corporate shall become the member/shareholder of the private limited.

    How many minimum partners are required in the LLP to convert into Private Limited Company?2022-01-11T11:43:08+05:30

    There should be a minimum of 2 partners in the LLP for conversion of LLP into Private Limited Company, but for conversion of LLP into Public Limited Company there shall be atleast 7 partners.

    Who can be the director of company on conversion?2022-01-11T11:42:37+05:30

    The designated partners of LLP may become director in the company on conversion.

    Can an LLP with secured loan convert into Company?2022-01-11T11:42:14+05:30

    Yes, an LLP with secured loan may convert itself into LLP after obtaining No Objection Certificate (NOC) from such creditor.

    While converting into private limited company, what is the maximum number of shareholders and directors that I can keep?2022-01-11T11:41:48+05:30

    While converting into private limited company, there can be maximum of 200 shareholders and 15 directors.

    Is the consent of partners required for conversion of LLP into company?2022-01-11T11:41:25+05:30

    Yes, the consent of a majority of partners is mandatory for the conversion of LLP into the company.

    What is Memorandum of Association (MoA) and Articles of Association (AoA)?2022-01-11T11:40:32+05:30

    The Memorandum of Association (MOA) is a document that sets out the constitution of a company and is therefore the foundation on which the structure of the company is built. It defines the scope of the company’s activities and its relations with the outside world.

    The Articles of Association (AOA) are company’s bye-laws or rules and regulations that govern the management and internal affairs and the conduct of its business. Both the documents are required to be registered with the Registrar of Companies at the stage of incorporation of the company.

    Is it required to have a company’s books audited?2022-01-11T11:39:52+05:30

    Yes, a private limited company should get its book audited and file the same with the Registrar of Companies (ROC) every year.

    Is newspaper advertisement required for conversion of LLP into Company?2022-01-11T11:39:16+05:30

    Yes, a notice about conversion shall be published in newspapers of English and vernacular language seeking objections.

    What are the mandatory compliances for Company?2022-01-11T11:38:15+05:30

    Know about mandatory compliances here – https://registrationarena.com/annual-compliance-for-private-limited-company/

    How much time is needed for setting up a Partnership Firm?2021-12-23T15:58:09+05:30

    On average, it takes 10-15 days for drafting and finalisation of partnership deed. However, the timeline for registration with Registrar of Firms differs from regional Registrar of Firms situated in different states.

    Do I need to be physically present during this process?2021-12-23T15:58:33+05:30

    There is no such requirement, all the required documents are filed electronically, so you would not need to be physically present. You would just need to send us scanned copies of all the required documents, forms, and agreements.

    Who can be a partner of a Partnership Firm?2021-12-23T15:58:52+05:30

    Any individual who is competent to enter into a contract or a body corporate established under the law may be a partner of a Partnership Firm.

    How many partners are required to form a Partnership Firm?2021-12-23T15:59:36+05:30

    There should be a minimum of 2 partners to form a Partnership Firm.

    Whether registration of Partnership Deed is compulsory?2021-12-23T16:00:04+05:30

    Registration of partnership deed is not compulsory as per law but it is beneficial for firms to get registered. However, unless a partnership firm is registered with the registrar of firms, the rights of the partners inter se or against third parties cannot be enforced in a court of law.

    What are the different types of partners in a Partnership Firm?2021-12-23T16:02:05+05:30
    • Active Partner : An active partner is one who takes active participation in the firm and the running of the business. He carries on the daily business on behalf of all the partners.
    • Dormant/Sleeping Partner : This is a partner that does not take an active part in the daily activities of the firm. He is however bound by the action of all the other partners, but he shall contribute capital and share the profits and losses of the firm like any other partner.
    Does a Partnership Firm have separate existence?2021-12-23T16:02:22+05:30

    No, a partnership firm does not have a separate existence apart from its members.

    How can a person become a partner of a Partnership Firm?2021-12-23T16:02:36+05:30

    All the person who has given their consent as a partner in the Partnership Deed/Agreement shall become partners of the Firm. Post incorporation, new partners can be admitted to the firm as per rules and requirements prescribed under the Partnership Deed/Agreement.

    How should I choose a name of a Partnership Firm?2021-12-23T16:02:52+05:30

    A partnership firm may keep any name as per its choice. However, care should be taken that the name should not violate any existing trademark or any guidelines/rules specified by the government.

    How should we keep the ending word name of a Partnership Firm?2021-12-23T16:03:06+05:30

    The ending word of Partnership Firm can be as per liberty of partners, it may contain words such as “And Associates”, “And Company”, “Enterprises” etc.

    How can I protect the unique name of my Partnership Firm?2021-12-23T16:03:27+05:30

    In order to protect your unique name, you can apply for trademark registration of the Partnership Firm name.

    What is the minimum capital required to form a Partnership Firm?2021-12-23T16:03:44+05:30

    There is no minimum capital as prescribed. However, one may start a Partnership Firm with a minimum capital of Rs. 02.00 if there are 2 partners.

    I am the only partner; can I form a Partnership Firm alone?2021-12-23T16:03:55+05:30

    No, there should be at least 2 partners for incorporation of a Partnership Firm.

    Can a salaried person or a person in employment become a partner in a Partnership Firm?2021-12-23T16:04:05+05:30

    Yes, a salaried person or person in employment can become a partner in a Partnership Firm. But one needs to check the employment agreement if that allows for such terms and conditions.

    What is a Partnership Deed/Agreement?2021-12-23T16:04:12+05:30

    Partnership Deed or Partnership Agreement means any document between the partners of the firm which determines the rights, duties, roles, responsibilities, liabilities of the partners, it clarifies the managerial, operational as well administrative responsibilities and sets clear methodologies for decision-making, adding a new partner and disassociation of existing partner, etc. The agreement can be either in written or oral form.

    How should I execute Partnership Deed/Agreement?2021-12-23T16:04:23+05:30

    A Partnership Deed/Agreement has to be prepared and printed on Non-Judicial Stamp Paper bearing a certain amount of Stamp Duty (differs from state to state), this has to be signed by all partners along with witnesses.

    Can a Partnership Deed/Agreement be registered at a later date?2021-12-23T16:04:32+05:30

    Yes, an unregistered partnership can be registered at any time after its formation.

    What is the maximum number of Partners that a Partnership Firm may have?2021-12-23T16:04:43+05:30

    A partnership firm may have a maximum of 50 partners.

    Is it required to get Partnership Firm’s books audited?2021-12-23T16:04:54+05:30

    There is no statutory audit for Partnership Firm. However, it shall get its book audited as per Income Tax Laws if its turnover crosses the specified threshold.

    Can I register a Partnership Firm on my home or residential address?2021-12-23T16:05:06+05:30

    Yes, you can register Partnership Firm at your residential address. You need to submit the utility bill copy of your home address along with the No Objection Certificate from the owner of the premises.

    Can NRIs/Foreign Nationals become partners in a Partnership Firm in India?2021-12-23T16:06:08+05:30

    Yes, NRIs and Foreign National can become partners in a Partnership Firm with the required documents and by complying with the FEMA Guidelines.

    Can I admit any other Company or Body Corporate as a partner in my Partnership Firm?2021-12-23T16:06:00+05:30

    Yes, you can admit any Private Limited Company, Public Company, LLP, or a Body Corporate as a partner in your Partnership Firm.

    Is GST mandatory for a Partnership Firm?2021-12-23T16:05:51+05:30

    GST registration is required for those businesses whose aggregate turnover crosses the prescribed limit or such business that does the interstate supply of goods/services. So, every Partnership Firm has to check whether it supplies goods to different states or qualifies for the prescribed turnover limit or other conditions as specified under GST laws.

    Is there any renewal process or any yearly charges for a Partnership Firm?2021-12-23T16:05:36+05:30

    No, there is no renewal process or yearly charge for Partnership Firm, once it’s registered it will be valid for a lifetime.

    Can I convert my partnership firm into Company or LLP?2021-12-23T16:05:25+05:30

    Yes, you can convert a Partnership Firm into LLP or Company by following the due procedure as per law.

    How much time is needed for setting up a Section 8 company in India?2021-12-07T23:26:09+05:30

    On average it takes 15-20 days for completion of registration, 2 approvals are required from governmental bodies. However, this is dependent on the workload of the Central Registration Centre (CRC), MCA.

    Do I need to be physically present during this process?2021-12-07T23:25:06+05:30

    No, company registration is a completely online process. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    Who can be a member of a Section 8 Company?2021-12-07T23:24:30+05:30

    Any individual, organization, company, LLP, corporates, HUF, association of person, partnership firm, etc. can become the member/shareholder of the Section 8 Company. An individual person can also be a foreigner/NRI, but such person must be 18+ above in terms of age and should have a valid PAN card.

    How many directors are required for the formation of a Section 8 Company?2021-12-07T23:23:54+05:30

    There should be a minimum of 2 directors in Section 8 Company, out of which at least 1 director should be a permanent resident of India.

    How should I choose a name for a Section 8 Company?2021-12-07T23:23:11+05:30

    For incorporation of a Section 8 Company, a unique name of a company must be reserved with the Ministry of Corporate Affairs (MCA). Such name shall include the words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral trust, and the like, etc. The name should qualify guidelines as prescribed by MCA. To know more about name approval guidelines, refer to our article – https://www.registrationarena.com/name-approval-guidelines-as-per-companies-act-2013/

    How many names can I submit for approval?2021-12-07T23:22:27+05:30

    Initially, you can submit 2 names for approval out of which one name will be approved based on priority. If the initial 2 names are rejected then again fresh 2 names can be applied. So, in total 4 names can be applied in a single application

    What is the minimum capital needed to form a Section 8 Company?2021-12-07T23:21:46+05:30

    There is no minimum capital required. However, one needs to start a company with a minimum capital of Rs. 02.00 (In case of Private Limited Company) and Rs. 07.00 (In case of Public Limited Company)

    I am the only director and shareholder; can I form a Section 8 Company alone?2021-12-07T23:21:00+05:30

    No, there should be at least 2 directors/shareholders for incorporation of Section 8 Company.

    Can a person already a director in a private limited company or public limited company become a director of a Section 8 Company?2021-12-07T23:20:16+05:30

    Yes, a person already a director in a private limited company or public limited company can become a director or shareholder in Section 8 Company. Directorship in Section 8 Companies will not be counted for calculating the ceiling with respect to the maximum number of directorships i.e., twenty (20).

    Can a salaried person or a person in employment become director of a Section 8 Company?2021-12-07T23:19:29+05:30

    Yes, a salaried person or person in employment can become director of a Section 8 Company. One needs to check the employment agreement if that allows for such provisions. In a lot of cases, the employers are quite comfortable with the fact that their employee is a director in another company. However, if there’s a restriction in becoming a director of a company, one can hold shares in a company and become a shareholder alternatively.

    What is the difference between a director and a shareholder?2021-12-07T23:18:55+05:30

    A shareholder or member is an owner of a company who holds certain shares in the company and his name is entered in the register of members of the company. Whereas Director is a person who manages the day-to-day function of a business. Director and shareholder may or may not be the same person in a company. The appointment of the Director is in hands of the shareholder of the company.

     

    Can a minor person become a director or shareholder of a Section 8 Company?2021-12-07T23:18:15+05:30

    No, a minor cannot become a director or shareholder in a section 8 company. However, a minor can become a member/shareholder of a company through gift and/or inheritance but he cannot buy shares.

    What are the Memorandum of Association (MoA) and Articles of Association (AoA)?2021-12-07T23:17:29+05:30

    The Memorandum of Association is a document that sets out the constitution of a company and is therefore the foundation on which the structure of the company is built. It defines the scope of the company’s activities and its relations with the outside world.

    The articles are its bye-laws or rules and regulations that govern the management and internal affairs and the conduct of its business. Both the documents are required to be registered with the Registrar of Companies at the stage of incorporation of the company.

    While incorporating a Section 8 Company, what is the maximum number of shareholders and directors that I can keep?2021-12-07T23:16:42+05:30

    You can incorporate a Section 8 Company with a maximum of 200 shareholders and 20 directors (In the case of Private Limited Section 8). In the case of Public Limited Section 8 Company, there can be upto 20 directors and there is no upper limit on the number of members.

     

    Is Section 8 Company required to have its books audited?2021-12-07T23:16:09+05:30

    Yes, just like any other company, Section 8 Company should also get its books audited and file the same with the Registrar of Companies (ROC) every year.

    Can Section 8 Companies receive contributions from overseas citizens or non-residents?2021-12-07T23:15:37+05:30

    Yes, Section 8 Companies can receive contributions or donations from non-residents, foreigners, overseas citizens. However, there are certain requirements to be complied with under the Foreign Contribution and Regulation Act, 2010 (FCRA) before receiving any such contributions or donations.

     

    Can I register Section 8 Company on my home or residential address?2021-12-07T23:15:03+05:30

    Yes, you can register Section 8 Company at their residential address. You need to submit the utility bill copy of your home address along with the No Objection Certificate from the owner of the premises.

    Can NRIs/Foreign Nationals become Director and Shareholder in a Section 8 Company in India?2021-12-07T22:51:22+05:30

    Yes, NRIs and Foreign National can become directors and shareholders in a Section 8 Company along with the required documents, also they can hold majority shares in the company. However, at least one Director on the Board of Directors should be a permanent resident of India.

    Can a Section 8 Company raise capital through foreign direct investment?2021-12-07T22:50:40+05:30

    Yes, a Section 8 Company can raise capital through FDI, subject to compliance with FEMA Regulations.

    Is Section 8 Company considered as small company?2021-12-07T22:49:58+05:30

    No, a section 8 company cannot be considered as a small company.

    How will I get my Incorporation documents like Certificate of Incorporation, MoA, AoA, License Copy, PAN, TAN, etc.?2021-12-07T22:49:17+05:30

    You will receive these documents in soft copy via email as well as we shall send you a printout of these documents at your address.

    Can I do Section 8 Company registration myself?2021-12-07T22:48:25+05:30

    No, you have to take help from a Professional CS/CA/CMA/Advocate/Consulting Firm for registration of the company as it will require certification from these professionals.

     

    What are the exemptions given for Section 8 Company by MCA?2021-12-07T22:47:15+05:30
    • Section 8 Company is not required to appoint a qualified CS professional as its company secretary.
    • It is not required to appoint an Independent Director
    • Directorship in Section 8 Companies will not be counted for calculating the ceiling with respect to maximum number of directorships.
    • Section 8 Companies are not required to have a Nomination and Remuneration Committee nor a Stakeholders Relationship Committee.
    • Secretarial Standards are not applicable on a Section 8 Company
    • Section 8 company can call a General Meeting by giving at least 14 days’ notice as against 21 days’ notice.
    • Section 8 Company can appoint more than 15 Directors without passing a special resolution.
    • Quorum for Board meeting of a Section 8 Company shall be either 8 members or 25% of total strength of the Board, whichever is less.
    Is GST mandatory for a Section 8 Company?2021-12-07T22:46:15+05:30

    GST registration is required for those businesses whose aggregate turnover crosses the prescribed limit or such business that does the inter-state supply of goods/services. So every company has to check whether it supplies goods to different states or qualifies for the prescribed turnover limit or any other conditions as specified under GST laws.

    Is there any renewal process or charge for a Section 8 company?2021-12-07T22:45:19+05:30

    No, there is no renewal of a private limited company, once it’s registered it will be valid for a lifetime. However, you have to do mandatory compliance every year.

    Will there be any physical verification of the registered office address by the Registrar of Companies (ROC)?2021-12-07T22:44:27+05:30

    There is no physical verification of the registered office but if the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company.

    Is there any relaxation in the payment of stamp duty during incorporation of a Section 8 Company?2021-12-07T22:39:57+05:30

    Stamp duty is a subject matter of an individual state. Some of the states have provided privileged rates for stamp duty on registration of MOA and AOA and incorporation of Section 8 Company.

    Can a One Person Company (OPC) convert into a Section 8 Company or vice versa ?2021-12-07T22:39:09+05:30

    No, a one person company cannot be converted into Section 8 company and also a Section 8 company cannot be converted into One Person Company (OPC).

    Can a company registered under Section 8 be converted into any other company?2021-12-07T22:38:29+05:30

    Yes, a Section 8 Company can be converted into any other company by following due procedure as per law.

    How much time is needed for removal of director in a company?2021-11-10T13:30:02+05:30

    On average, it takes 4-5 working days for removal of director by filling Form DIR-12. However, this is also dependent on the approval by government authority.

    Is physical presence of director required during the filing of forms for removal of director?2021-11-10T13:29:39+05:30

    No, the process is a completely online. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    Who has the authority to accept the resignation of an outgoing director in the company?2021-11-10T13:29:16+05:30

    The Board of Directors shall acknowledge the receipt of resignation of outgoing director and intimate the Registrar of Companies (ROC) in Form DIR-12.

    What shall be the effective date of resignation by the director?2021-11-10T13:28:51+05:30

    The resignation of a director shall take effect from the date on which the notice is received by the company or the date (if any) specified by the director in the resignation notice (whichever is later).

    What is the time limit for filing Form DIR-12?2021-11-10T13:28:30+05:30

    The time limit for filing Form DIR-12 is 30 days from the date of passing resolution in general meeting/board meeting.

    Can a director be liable even after he resigns from the Board of Directors?2021-11-10T13:28:07+05:30

    The director who has resigned shall be liable even after his resignation for the offences which occurred during his tenure.

    Is filing of Form DIR-12 mandatory after resignation or removal of director by the company?2021-11-10T13:27:41+05:30

    Yes, filing of form DIR-12 by the company to Registrar of Companies (ROC) is mandatory for resignation or removal of director.

    Is filing of Form DIR-11 mandatory for resignation of director?2021-11-10T13:27:16+05:30

    No, filing of form DIR-11 is voluntary for resignation of director.

    Is Digital Signature Certificate (DSC) mandatory for an outgoing director during the removal?2021-11-10T13:26:49+05:30

    No, Digital Signature Certificate (DSC) of an outgoing director is not required during the removal process.

    Can a Director with Deactivated DIN resign from the company?2021-11-10T13:26:22+05:30

    Yes, a Director with Deactivated DIN can also resign or be removed from the company.

    Who can remove the director of a company?2021-11-10T13:23:44+05:30

    The shareholder of the company can remove the director of a company as per the requirement under the meeting duly held.

    Can a director be removed from the company without his consent?2021-11-10T13:22:30+05:30

    Yes, a director can be removed from the company without his consent, after giving him a reasonable opportunity of being heard.

    Whether shareholders’ approval is required for the removal of a director from the company?2021-11-10T13:21:11+05:30

    Yes, shareholders’ approval under the general meeting is required for the removal of the director from the company.

    What are the grounds for Disqualifications for Appointment of Director under Section 164?2021-11-10T13:18:53+05:30

    A person shall not be eligible for appointment as a director of a company, if –

    1. He is of unsound mind
    2. He is an undischarged insolvent
    3. He is adjudged insolvent/applied to be an insolvent
    4. He is convicted by court for an offence and imprisoned for at least 6 months and post imprisonment 5 years has not been elapsed.
    5. He/she has been convicted of any offence and sentenced in for a period of seven years or more, he shall not be eligible to be appointed as a director in any company.
    6. Court and tribunal has declared him disqualified for appointment of director.
    7. He has not paid any calls on shares of company held by him.
    8. He is convicted of any offence dealing with related party transaction and 5 years has not elapsed
    9. He does not have Director Identification Number (DIN) or holds a Deactivated DIN
    What are the grounds for Vacation of Office of Director under Section 167?2021-11-10T13:18:11+05:30

    A director shall vacate his office as a director of a company in following cases :

    1. He incurs any of the disqualifications specified in section 164
    2. He absents himself from all the meetings of the Board of Directors held during a period of twelve months with or without seeking leave of absence of the Board.
    3. He acts in contravention of the provisions of section 184 relating to entering into contracts or arrangements in which he is directly or indirectly interested.
    4. He fails to disclose his interest in any contract or arrangement in which he is directly or indirectly interested, in contravention of the provisions of section 184;
    5. He becomes disqualified by an order of a court or the Tribunal
    6. He is convicted by a court of any offence, whether involving moral turpitude or otherwise and sentenced in respect thereof to imprisonment for not less than six months.
    7. He is removed in pursuance of the provisions of Companies Act 2013
    8. He having been appointed a director by virtue of his holding any office or other employment in the holding, subsidiary or associate company, ceases to hold such office or other employment in that company.
    What is Authorised capital?2021-11-03T13:22:19+05:30

    Authorised share capital is the maximum amount of share capital that a company can issue to its shareholders. The authorised share capital amount is mentioned in the Memorandum of Association (MOA) of the company.

    How much time is required for increasing the authorised capital?2021-11-03T13:21:54+05:30

    The increase of authorised capital transfer process takes approximately 7-10 days based on the availability of the required documents and information, subject to government approval.

    Do I need to be physically present during the filing process?2021-11-03T13:21:08+05:30

    No, all the required forms and returns are filed electronically, so you would not need to be physically present at all for filing purposes.

    Is there any stamp duty to be paid on the increase of authorised capital?2021-11-03T13:20:27+05:30

    Yes, stamp duty at the applicable rate (vary from state to state) has to be paid on the component of increase of authorised capital.

    Is shareholder’s consent required for the increase of authorised capital?2021-11-03T13:19:26+05:30

    Yes, the shareholder’s consent by way of ordinary resolution (if authorised by AOA) is required for the increase of authorised capital.

    What is the due date for filing Form SH-7?2021-11-03T13:18:20+05:30

    The Company must file Form SH-7 within 30 days from the date of passing resolution.

    What is the paid-up capital of the company?2021-11-03T13:17:50+05:30

    Paid-up capital is the actual amount of money that has been received from shareholders of the company.

    Do I need to change the MOA at the time of increase of Authorised Capital?2021-11-03T13:15:54+05:30

    Yes, altered MOA has to be submitted at the time of increase of Authorised Capital while filing Form SH 7.

    What if my company’s Articles of Association (AOA) does not have the necessary powers to increase the authorised share capital?2021-11-03T13:15:13+05:30

    If your Company’s Articles of Association (AOA) does not have the necessary powers to increase the authorised share capital, then the AOA has to be amended to provide for provision relating to the increase of its share capital by passing a special resolution.

    Is it required to file Form MGT-14 for an increase of authorised capital?2021-11-03T13:14:48+05:30

    In case, authorised capital is increased by way of alteration in Articles of Association (AOA), then a special resolution passed shall be filed in Form MGT-14.

    Can Registration Arena help me in increasing authorised capital?2021-11-03T13:14:19+05:30

    Yes, we can provide you with a complete package for increasing the authorised capital of the company as well as other Compliance services

    How much time is needed for sole proprietorship registration in India?2021-11-02T18:02:03+05:30

    On average it takes 7-10 days for completion of sole proprietorship registration. However, this is also dependent on the type of registration sought and processing time by Government Authorities.

    Do I need to be physically present during this process?2021-11-02T18:01:28+05:30

    No, sole proprietorship registration is a completely online process. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    Who can be a proprietor of a sole proprietorship firm?2021-11-02T18:00:04+05:30

    Any individual person who is a citizen of India and has the required documents can become a proprietor of a sole proprietorship firm.

    Is it mandatory to register a sole proprietorship firm in India?2021-11-02T17:59:30+05:30

    No, registration of sole proprietorship firm is not mandatory in India. However, in order to open a Bank Account or to obtain any kind of finance or to deal with business supplier a sole proprietorship firm should obtain some kind of registration.

    Does a sole proprietorship firm have perpetual succession or continuous existence?2021-11-02T17:58:53+05:30

    No, a sole proprietorship firm shall not have perpetual succession or continuous existence. A sole proprietorship firm shall be dissolved after death of sole proprietor.

    Is sole proprietorship firm a separate legal entity?2021-11-02T17:58:12+05:30

    No, a sole proprietorship firm is not a separate legal entity from its owner. The PAN card of the proprietor and sole proprietorship firm are same and all the Income and losses of the firm are taxed on the individual’s income tax return.

    What is the minimum capital needed to form a sole proprietorship firm?2021-11-02T17:57:07+05:30

    There is no prescribed minimum capital for starting a sole proprietorship firm.

    Can a salaried person or a person in employment form a sole proprietorship firm?2021-11-02T17:55:43+05:30

    Yes, a salaried person or person in employment can form a sole proprietorship firm. However, one needs to check the employment agreement or terms of employment if it has certain restrictions.

    Can a person under employment in PSU or a government servant or a professional carrying on his practice form a sole proprietorship firm?2021-11-02T17:54:56+05:30

    Yes, a person under employment or a government servant or a professional carrying on his practice can form a sole proprietorship firm. However, one needs to check if there’s any restriction from governing body, authority or ministry.

    Can a minor person start a Sole Proprietorship Firm?2021-11-02T17:53:30+05:30

    No, a minor whose age is below 18 cannot start a Sole Proprietorship Firm on his own because the liability of a Sole Proprietor is unlimited.

    Is it required to have a Sole Proprietorship Firm’s book audited?2021-11-02T17:53:03+05:30

    It is not mandatory for a Sole Proprietorship Firm to get its book audited. However, it shall get its book audited as per Income Tax Law / GST Law if its turnover crosses specified threshold.

    Can I register my Sole Proprietorship Firm on my home or residential address?2021-11-02T17:52:33+05:30

    Yes, you can register the company at your residential address.

    Can NRIs start Sole Proprietorship Firm in India?2021-11-02T17:51:41+05:30

    Yes, NRI’s are allowed to start Sole Proprietorship Firm. However, such sole proprietor has to follow the FDI Guidelines and restrictions for same.

    How should I name the Sole Proprietorship Firm?