GIVE US YOUR THOUGHTS.
LETS TURN YOUR BUSINESS
IDEA INTO REALITY.

Our Services

Company Registration

COMPANY REGISTRATION

Businesswindo.com is online portal will help you out to start a business by registering it as per your requirement, We specialize in company registration with wide range of business entities like Private limited, One-Person Company (OPC), Limited Liability Partnership (LLP) or Sole Proprietorship Compan.

Secretarial Services

SECRETARIAL SERVICES

Within any organization, a Company Secretary’s duties include ensuring the integrity of the corporate governance frameworks, being responsible for the efficient administration of a company, ensuring compliance with statutory and regulatory requirements and implementing decisions made by the Board of Directors.

Accounting & Auditing

ACCOUNTING & AUDIT

At Businesswindo.com you can avail a package where all your tax related needs will be sorted out so you can concentrate to grow your Business. We help you get your books of accounts audited by qualified professionals on our panel eligible to provide - Statutory Audit, Tax Audit, Internal Audit and Management Audit.

Intellectual Property

INTELLECTUAL PROPERTY

Will help you out to protect your ideas let it be in the form of a Brand Name, Design, Logo or a New Invention . We have a specialized team of Trademark Agents, Patent Attorneys and Corporate Lawyers to serve you better.

Tax & Government Registration

TAX & GOVERNMENT REGISTRATION

At Businesswindo.com we also assist to obtain various Tax Registration and also to file the tax returns on time let it be your Value Added Tax, Service Tax, Income Tax, Professional Tax ,FSSAI License, Import Export Code and more.

Legal Services

LEGAL SERVICES

Our experts will help to prepare IP Violation notice, NRI immigration services and drafting of Legal Documents, Agreements like Vendor Engagement Agreement, Confidentiality and Privacy Agreements with employees and associates.

Most Trending Services

Private Limited Company Registration
Limited Liability Partnership Registration
One Person Company Registration
Import Export Code Registration
Trademark Registration
GST Registration

About Business Windo

BusinessWindo.com is a unique platform which provide opportunities to young & aspiring minds. It offers online consultation, to budding entrepreneurs pan India, in overcoming the initial formalities of starting a business. This is an initiative to utilise the bandwidth of legal and financial fraternity in business, by lending support to the start-ups under one roof. This one-of–its-kind platform, comprises of legal and professional experts who helps these business set ups.

BusinessWindo.com is a unique venture with an initiative to serve start-ups and new business set ups and support them with services such as New company incorporation, Tax registration, Filing of various taxes, Secretarial services, Chartered accountant services, Trademarks, Copy right, Patent and many more at affordable charges with better transparency.

Unlike other service providers, BusinessWindo provides more than 50 services to its users. In addition, all services are relatively affordable compared to the market and still maintaining the high quality standards.

With a team of young, energetic team it focuses on providing hassle free, transparent online services on www.BusinessWindo.com at affordable price.

.

Why Choose Business Windo?

.

Value for Money

Handled 1000+ projects and delivered substantial results.

No Hidden Costs

All-round performance throughout toughest challenges and risks.

100% Clear Documents

Our esteemed client’s proposition and absorb their valuable inputs.

Thousands of Happy Clients

Retain customer loyalty by providing consistent efforts and ideas.

Promise best Quality.

Assure complete confidentiality of information shared with us.

24x7 SUPPORT & ASSISTANCE

Troubleshoot service-based problems & help resolve discrete technical issues.

One of the first reasons for which you should choose Businesswindo.com is because it is a capable organization in various areas of business such as Company Registration in Bangalore and GST taxation matters. The organization uses qualified professional experts in the domain of company registration to make your company registration process much smoother than before. The company provides you value for money and in this day and age this is one value that is cherished so highly. When you do business with us you can be sure that there would not be any hidden costs whatsoever and your documents would be cent per cent clear as well. This will make sure that you do not face any problem later on.

We have been in the business for a long period of time and as such we have associated with plenty of entities. They have been happy with the services that we have provided to them and this has cemented our position as a market leader in our chosen domains. More than anything else, we are committed to providing you the best service that we can – in terms of commitment and quality. When we are working with you, your problems are our problems and we would always make our best attempt to solve them to your utmost satisfaction.

Info-cafe

Conversion of Private Company into Public, LLP, OPC, Trust, Section 8, NBFC

Conversion of Private Company into Public, LLP, OPC, Trust, Section 8, NBFC

In India there are some definite rules that you need to follow in order to change the kind of company that you are. There are forms to be filed and documents that have to be provided. Then, there are authority bodies whose rules and regulations you need to follow and whose decisions you need to honor.

In this article, we cover the conversion process of Pvt Ltd Company into Public, Limited Liability Partnership, One Person Company, Trust, Section 8 Company and NBFC.

Conversion of a Private Limited Company into a Public Company

This is the process to convert a private limited company into public Ltd:

1. Call a Board Meeting

2. Pass the Board Resolution Approval from Directors

3. Issue an Extraordinary General Meeting (EGM) Notice

4. Holding of Extraordinary General Meeting for the Purpose

5. Filing of Forms with ROC through

  1. e-Form MGT-14
  2. e-Form INC-27

And you need to submit some important documents regarding to this conversion are -

Attachments of e-Form MGT-14

Attachments of e-Form INC-27

The first thing is that you need to do in order to change from a private company to a public one is to call a board meeting. The notice has to be issued just the way it has been stated in the Section 173 (3) of the Companies Act, 2013. The main agenda of the meeting would be to make sure that the directors approve, in principle, your conversion to a public company through alterations made to the Articles of Association (AOA) and Memorandum of Association (MOA).

The second step requires you to issue a notice for an EGM (extraordinary general meeting). The notice would have to be issued as per the way stated in the Section 101 of the Companies Act, 2013.

In the third step you would have to hold the EGM itself. The meeting has to be held on the date that has been specified in the notice issued for the purpose. Here you need to pass the special resolution whereby shareholders agree to the change.

In the fourth stage the ROC (Registrar of Companies) form would have to be filed. Here you would need to file two e-forms – e-form MGT 14 and e-form INC 27. There are also some important documents that need to be submitted in this regard. After this your documents and other submissions would be scrutinized by ROC. Before it issues the certificate, it should be satisfied that you have done all that you need to do.

Once you are able to convert to a public company there are some formalities that you would need to take care of.

Convert a Pvt. Ltd Company into an LLP (Limited Liability Partnership)

Process for conversion of private limited company into LLP

1. Call a Board Meeting and pass the Resolution for conversion of Pvt Ltd to LLP

2. Obtain DIN of all proposed Designated Partner for whom it don’t have already

3. Need to file LLP eform-1 to get approval of converting a private company into LLP

4. LLP Form-18 and Form-2 required to be filed for the conversion

5. File LLP Form-3 regarding to LLP Agreement

6. Intimate the conversion to Registrar in LLP Form-14

The process of changing a private company into an LLP is rather straightforward. First of all you have to call a board meeting where you decide to change the name of the company making sure that it ends with the word LLP. A resolution needs to be passed for that purpose. Before you do this however, you need to get the DIN (director identification number) for your designated partners who do not have it already.

In the second stage you have to file for approval for the new name of your company. For this you need to file the e-form LLP-1. Here you need to attach the special resolution passed by the board of directors regarding said conversion.

After this, ROC issues the name approval certificate. In the fourth stage you have to file the incorporation documents with ROC. Here you need to file the e-form LLP-2. Certain important documents such as proof of address need to be furnished at this stage.

In the fifth stage you need apply for conversion along with the e-form LLP-18. In the sixth stage you need to sign and submit the LLP agreement. This needs to be done within 30 days of having received approval for the forms already mentioned. Here you need to file the e-form LLP-3. After this, if everything is okay the respective department will issue the incorporation certificate.

Then you would have to intimate the conversion to the registrar along with the e-form LLP-14.    

Conversion of a Private Limited Company into an OPC (One Person Company)

Just like other kinds of companies in India there is a definite procedure that needs to be followed when you are changing a private company into an OPC.

The first thing that you need to do is call a board meeting. After that you have to issue the EGM notice to all the members, the auditors, and the directors of the company. This needs to be done as has been stated in the Section 101 of the Companies Act, 2013. After that you need to hold a general meeting.

The fourth step over here calls for you to file an ROC form. Here you would need to file the special resolution that has been passed by the shareholders for said conversion. This form – MGT 14 – has to be filed within 30 days of passing the special resolution. Here you also need to furnish the prescribed fees along with attachments such as a notice of EGM and a certified true copy of the special resolution.

In the fifth step you would have to file an application in form INC 6 along with fees as prescribed in the Companies (Registration Offices and Fees) Rules, 2014 and certain important documents. One of the documents is a declaration of the willingness to convert.

In the final stage ROC would review all the forms and documents submitted by you and issue to you the certificate that says that you are now an OPC.  

Conversion of Pvt. Ltd Company into Trust

There are three simple steps that you need to follow in order to change your private company into a trust.

First of all, you need to apply for name change. You need to do this with the ROC in your state. Normally, in this case you would be using the e-form INC-1 to make the application. You would also have to submit INR 1000 along with the application. This can be done through your net banking or credit card. 

In the second stage you have to apply with the form RD-1. In this case too, the application would have to be made to the concerned ROC and form INC-12 will have to be attached to form RD-1. Here you would need to submit a number of important documents such as the draft MOA (Memorandum of Association) of the new company. This needs to be done according to form INC-13. Along with it you have to submit the draft AOA as well. You also need to provide a declaration in Form INC-14 with statements from an advocate, a cost accountant, a chartered accountant, or your company secretary. You also need to furnish a statement showing your liabilities and assets on the date when you applied or at least 30 days before that.

In the final stage, once you are approved, you need to issue an advertisement in the newspaper where you intimate all regarding the change.

Conversion of a Private Company into a Section 8 Company

There are four major steps that you need to follow in order to change a private company to a Section 8 one.

In the first stage you would need to apply for the reservation of your new company’s name. This application needs to be made with the ROC in the state that you are looking to operating in.

In the second stage, you would have to apply for conversion through the e-form RD-1. You also need to submit some fees, as has been prescribed in these cases. You also have to submit certain important documents such as form INC-12 along with the application in these cases. Some other important documents in these cases are the draft MOA and AOA of the company that you are about to form.  

In the third stage you would have to issue a notice in the newspaper whereby you inform people of the application made for the conversion. This notice would be issued in form INC-26 and has to be done within a week of having made the application. Do remember that you would need to pay for this from your own pocket.

In the final stage, ROC issues you the license in order to operate as a Section 8 company. The license would be granted under Section 8 of Companies Act. 2013. This is normally done following consultations with other authority and regulatory bodies in the state government and the central government.

Conversion of a Private Company into an NBFC (Non-Banking Financial Company)

There is no need to change a private company into an NBFC as such. At least, there are no elaborate procedures that need to be followed in this case as you would do with the other types of companies that we have dealt with over here.

The major reason for such an assertion is the fact that here you are not changing the type of your company. You are merely starting a type of business. At any rate, if you wish to work as an NBFC you need to apply with the apex banking body in the country – the Reserve Bank of India.

The first thing that you need to do in this regard is visit the regional or zonal office of RBI in your area. It is here that you would get all the information on the forms that you need to fill, and the annexure and disclosures that you need to furnish with your application.

As has been mentioned in the Companies Act, you would need to amend the main object clause of your organization so that you could include the provisions necessary for working as an NBFC.

-------------------------------------------

Related Posts:

How to Register or Incorporate a Company in Bangalore, Inida?

Guideline to Choose the Name of a Company

How to Change the Registered Office Address of a Company?

How to Change the Name of a Private Limited Company?

Company Registration How to Register a Company in Bangalore India?

Company Registration  How to Register a Company in Bangalore India?

Nowadays registering a company in India is easy and simple through MCA (Ministry of Corporate Affairs), it is making simplified procedure for entrepreneurs to register their business in a quick process of short time.

But before we are moving to the topic, I want to share a little information about India’s business environment ambiance.

According to the survey of World Bank’s Doing Business Report 2018; India ranked 100th place out of the 190 countries and one of the top five reformers on holding conducive business environment as stated by the report.

You will find another scenario of India about easy of doing business. India advanced 23 points up to 77th place rank in World Bank's Doing Business index for 2019, from 100th in 2018 and 130th in 2017. India is becoming the top ranked country in South Asia for first time and 3rd among the BRICS.

India is creating better investment climate for budding off creative and innovation business ideas.

Innovation and creative enterprises are the foundation of making India a developing nation.

Government is already planned to wheel a new industrial policy which would lead the India to make the business more competitive and create more jobs, according to the Department of Industrial Policy and Promotion (DIPP). And it is already presented in Cabinet for approval.

The proposed policy will be focused on three pillars such as Competitiveness, Sustainability and Inclusion.

  1. Emphasis on reducing the cost of business if the industry has to become competitive.
  2. The policy proposes on the establishment of Centre and States; which is similar to GST Council like body that will enable the quick decisions on key changes such as the renovate of labour laws, taxation provisions and land leasing.
  3. The policy proposes a direct benefit transfer (DBT Mechanism) for power subsidy to reduce the industrial electricity tariffs.

Government wants to make India as the world’s next manufacturing hub and aimed to creating millions of jobs and boost growth.

On this part, the government has also launched various enabled programs such as Startup India, Make In India, Digital India, and Skill India over years for fostering the growth and development of the entrepreneurial spirit in the country. Startup India scheme is one of such flagship for nurturing the innovation and startups in the country. Apart from Startup India, the recent Union Budget has also announced a slew of measures to strengthen the entrepreneurship climate for startups in India.

This is the nice time to start your business and devote your time to build it and create a good customer relationship.

Before jumping towards to register a Pvt Ltd or OPC or LLP or Partnership or Proprietorship or Public company or etc; an entrepreneur might be clear about the things such as companies requirements, why a company needs to register, details particulars required from promoter/ director or subscriber, at where you want to start your business, documents required for company registration, company incorporation process, minimum requirements to form a company and points to remember while forming a company.

Let’s move to the point by starting from a company.

What is a Company?

By Definition: A Company is a registered organizational institution or corporation which can be established by one person or group of persons to perform their business for profit or not-for-profit under the Companies Act, 2013. It constitutes the aim of common goal called business by its unique name, members/shareholders and directors. After company incorporation/ registration under the Company Act, 2013; company becomes a legal entity and it gets its rights and responsibilities defined by the law.

Simply put, a Company is a corporate body and legal entity engages in business by made up of on association of both natural and legal persons for carrying on commercial or industrial enterprises and is incorporated under the existing Company Law as stated by the Companies Act, 2013 of the country.

What is Company Registration?

Company registration the words its sounds good and also its features are good; it is the legal process where a company or an organization can register/incorporate its business structure in MCA (Ministry of Corporate Affairs). After getting registration, the entity would get the certain benefits which must be needed for it and through this it can acquire a huge trust from customers and build a good relationship.

Before registering a company you must check your desirable company name online in MCA portal; and see is it available to you or not!

It means a company or a business register its name, office address, directors name and subscribers in MCA through the regional Registrar of Companies (ROC) offices to get certain legal protections and facilities to start, run, manage and grow the business.

Because we are in a system and this system creates opportunities to enter into a big corporate world. So we need to take the advantages and move ahead of the curve.

The Kinds of Companies are Available to Register in India

There are various types of companies you can find here to register in India. Here you can take a look at the following types of business entities are available to form.

Limited Liability Partnership (LLP) Company

One Person Company (OPC)

Private Limited Company

Public Limited Company

NBFC Company

Foreign Subsidiary Company

Section-8 Company

Producer Company

Partnership Company

Sole Proprietorship Company

Categories of Companies

As per Indian Companies Act, 2013 Law, a company can be formed under Section 3(1) may either be limited by shares or limited by guarantee or it may be unlimited company. So types of companies are classified into 3 categories as in follows:

  • Company Limited by Shares
  • Company Limited by Guarantee
  • Company with Unlimited Liability

Why You Must Register Your Company or Existing Business?

Creating business for people is not about to bothering but helping to them. Aspiring entrepreneurs always desire to make it big and do the valuable things to achieve the goals in their business life.

To succeed in business life, it does not require any management degree, it requires how valued your products or services as per price and how you are dealing with customers. Giving first priority to customer is the main funda of business.

There you can find many stirring real life stories of successful people who have succeeded as entrepreneurs but they did not possess any management degree. Also you can find various businessmen’s proof that a business doesn’t necessarily required any management school certificate but an idea, innovation, thought, an ability to dream and a lot of conviction to make a mark.

So an entrepreneur (you) should have to be creative, imaginative, skilled, dedicated and responsible. Being an entrepreneur means you always have to wear multiple hats and roles for your business.

You are thinking to enter into entrepreneurship career to reach in your goals. As you are going to setup a new company or running an established business, then you ought to have a registration to place your company on top rank among the corporation field. It is very important that you can get your proper return of each and every pound of money that you are going to invest or invested in your business.

People register their business by validating their business ideas. And registering a business is important to get the advantages of corporation name and when you register it, it is even more important. So go ahead and register your business even before you find your first customer and make your first money for company.

But how can you achieve it and reach in your goals. There are some reasons, so you should have to register your business to get the benefits. Here are some points below to remember:

  • To Expand Your Business
  • For Unique Identification
  • To Familiar in Corporate World
  • To Build Better Customer Relation
  • Separating Professional Account from Private
  • Easier to Get Bank Credit
  • Get Investment from investors
  • Hiring Employees

For this reasons, it is necessary to incorporate your company or existing business to avoid some legal actions of corporate affairs. Absolutely out of many expenses you have to spend some thousands of money for your company registration during the starting of company or business. To get benefits and protection from this we can’t avoid it, we can say there are several reasons for company security like protection of assets, securing your products, satisfying monetary requirement, big name business, etc.

That’s why India has put his head to business power, now it is going to be a hub of business sector by creating development in innovative thoughts to stand by the worldwide. India is a land of opportunity where you can spread the seeds of business thoughts and implement it perfectly to get the successful results.

So because of this, American and foreign renowned business magnates are talking about the invest hub of India.

Factors Need to be Remembered While Forming a Company in Bangalore

When you are going to form a company in Bangalore, Karnataka or any other cities in India; you should have to think it globally but act as local and for this, certain factors need to be considered for preparing a business plan to setup your company smoothly.

So these are the six factors where you can get the clues to invent your business journey. Here you can look over the different phases of the business creation process during formation of a company.

  1. Make Promotion for the Company
  2. Select Your Suitable Company Name
  3. Get Registered or Incorporate the Company
  4. Get Certificate of Incorporation (COI) for your company
  5. Subscribe Share Capital by Investors/ Share Capital Subscription by Shareholders
  6. Start Your Business Journey

According to the Section 3(1) of the Companies Act 2013, that a company may be formed by you and your partners for any lawful purpose act. Here you can look over the minimum number of persons or members required to form a various types company.

Public Limited Company: It required minimum seven or more persons/members to form a public company. In this company, it must have at least 7 directors and minimum paid up share capital is INR 5,00,000.

Private Limited Company: It required minimum two or more persons/members to form a private company. Means, it must have at least 2 directors to incorporate a Pvt Ltd Company and minimum paid up share capital of INR 1,00,000.

One Person Company: Only a natural person who is a resident of India, stayed in India at least 180 days can form OPC. It is also called One Person Private Company which needs only one member/person to operate the business. Means it must be only a single director. The other person can be nominee for this entity.

Limited Liability Partnership: LLP provides the benefits of partnership and flexibility of limited liability. It must have required at least two members to incorporate a LLP company.

Partnership: A Partnership business consists of two or more persons. There is no minimum capital required to form a partnership startup firm.

Sole Proprietorship: It requires only one person or member to form it. The person of the firm is treated as owner or proprietor and has full authority to control over the business.

Documents Required From Directors/ Promoters and Subscribers/ Shareholders/ Members to Register a Company

Proof of Identity for Indian Nationals:

  • PAN Card is mandatory and any one of the following:
  • Aadhaar Card/ Voter Identity Card/ Passport/ Driving License
  • Passport Size Photographs

For Foreign Nationals and Non Resident Indians:

  • PAN Card of NRI
  • Passport of NRI
  • Proof of nationality in case the director/ subscriber is a foreign national
  • VISA immigration copy along with stamp of arrival

Proof of Residential Address:

  • Bank Statement, Electricity Bill, Telephone/ Mobile Bill (it shall not be more than two months old).

As per the Rule 16 of Companies (Incorporation) Rules 2014, these particulars of every director/ subscriber need to be filed with the Registrar at the time of incorporation such as name including surname or family name, recent photograph, father’s/mother’s name, nationality, date of birth, place of birth, educational qualification, occupation, income tax permanent account number, permanent address, present residential address, present office/business address, Email ID, Phone number.

Office/ Business Address Proof is Required to File with the Registrar at the Time of Incorporation

  • Rental/ Lease Agreement of same address from landlord of premises
  • NOC (No Objection Certificate) from the owner of the address for carrying the business as registered office.
  • Electricity Bill/ Telephone Bill not older than two months
  • Scanned Copy of Sale Deed/ Property Deed
  • Tax Paid Receipt (in case of own property)

Procedure to Register or Incorporate a Company in Bangalore

Registering a startup company or a new business has become pretty easy now in Bangalore, India. This formation of company is a process which results in incorporation of a company into the corporate world. And this is the way where you can acquire the registration certificate for your company.

Before registering your company you should understand and appreciate the benefits of getting your business registered. All company incorporation can takes place online through the Ministry of Corporate Affairs (MCA) with the help of your Regional ROC under the administration of Companies Act 1956, 2013 and 2014 with their rules and regulations of Government of India.

This registration process can be done only in government department portal i.e. www.mca.gov.in  and nowadays everything regarding to company registration you can do through online. You can go through the official procedures to register a company or startup just in 1 day with MCA now.

The best part of all is that you (one) don’t have to visit to corporate office; you can apply for company registration just sitting in front of a computer at your home with a good internet connection and some necessary equipment accessories. And you should also have some essential soft copies of legal documents at the time of application process.

But you must need a CS (Company Secretary)/ CA (Chartered Accountant) / CWA (Cost and Works Accountant) or CMA (Cost and Management Accountant) membership number, seal and signature for your company application process, if you can do it, that would be better or you can hire a company registration agency they can assist you to complete your all company work.

Otherwise we will help you to get registered your company and provide the certificate/ license to your incorporated company as well as your new business easily.

These are the 7 major steps to incorporate a company in India. So we have taken this accordingly.

Let’s start the company registration process by following steps:

  1. Obtain Company Name Approval from MCA
  2. Obtain DSC (Digital Signature Certificate) for the Proposed Directors
  3. Obtain DIN (Director Identification Number) for the Proposed Directors
  4. Draft Memorandum of Association and Article of Association [MOA & AOA]
  5. Filing of Documents with Registrar of Companies
  6. Issue of Company Incorporation Certificate
  7. Allotment of CIN Number to Company

Here, we explained the 8 steps below which is must required to register a company. Please have a look over this and get the proper idea and understanding the process about company registration journey.

Step-1: Obtain a Unique Company Name Approval by Making Application to MCA:

What is a company name: Company name is a typical name of a business or organization that reflects the overview of the company. Choosing a unique company name is a major factor for your business because it depends on you which type of products and services you are developing and selling in market. Name should be informative and mind catching when a costumer heard or saw can know immediately by the name that what your business is based on.

Company name serves as trade name of a company or business. This is a legal and business identity of a company. A name of company reflects its brand image through this a company can promote their brand by creating good customer relationship throughout the products/services.

Apart from this, the selection of company name has constituted in three parts i.e. First Name, Middle Name and Last Name. Here you can follow the company name selection procedure

First Name of Company:

For selecting the very first name of company like Private Limited Company, One Person Company, Limited Company and LLP Company is one of the most regulated and complex exercise. It should clearly state the nature of the business of the entity.

The First name describes or indentifies the main activity of the business or company. The company name shouldn’t be identical to the name of an existing company which has already registered under Companies Act, 2013 or any previous company law.

Middle Name of Company:

According to proviso the Rule 8(2)(b)(ii) of the Companies Incorporation Rules, 2014, every company's middle name need not to be necessarily suggestive for the objects of the company; but in case, if there is some indication points out about the objects in the same name, then it shall be kept in conformity with that objects as mentioned in the memorandum.

The Name shall not be allowed if, it is not in congruence with the primary/main objects of the company as it is mentioned in the memorandum of association (MOA) at the time of their business journey.

Last Name:

Last name means last words of company name like surname. According to Section 4(1)(a), the memorandum of company shall state the name of the company with the last word as “Limited” or “Ltd” in the case of a Public Limited Company

In the case of a Private Limited Company the last words used as “Private Limited” or Pvt. Ltd.

In the case of One Person Company the last word used as “OPC Company”

In the case of Limited Liability Partnership Company the last word used as “LLP” or LLP Company

A Not for Profit or Non-Profit company incorporated as per Section 8, but they can’t use “Limited” or “Private Limited” as last word.

The Central Government amended the Companies (Incorporation) Amendment Rules, 2018 which came into force from 26th day of January, 2018 to make simple, faster and easy process for company.

Before you are applying for name reservation, first you/ applicant have to create a user account in MCA portal by generating through your suitable credentials and this User Login ID, which will help you further for submitting and uploading the SPICe, INC-12 and INC-24 Forms at the time of incorporation.

For reserving the name of a company, the applicant has to apply to MCA through RUN service, but previously it was applying through INC-1 e-Form. But, now RUN service replaced the INC-1 eForm to reserve a name without requiring DSC and DIN of proposed directors which leads a faster and simplified procedure to get approval quickly.

As per Section 4(4) of the Companies Act, 2013; a person may make an application of the proposed company or existing company proposes to change its name in such a form and manner accompanied by such fees as it may be prescribed to the Registrar for reservation of name.

For Company Name Search, you may check the availability of name here:

http://www.mca.gov.in/mcafoportal/showCheckCompanyName.do

Check the Trademark Search to ensure that the proposed company name should not be violating the provisions according to the Section 4(2) of Companies Act, 2013. If it falls means there is a possibility of rejection.

For Trademark Search availability check here:

http://www.ipindia.nic.in/index.htm

As per Rule 9 of Companies (incorporation) Rules 2014, an application for the reservation of a name shall be made through the web service which available at MCA portal by using the RUN (Reserve Unique Name) along with the fee as provided in Companies Rule, 2014 with regarded to Registration Offices and their Fees.

In RUN service, an applicant can apply for two proposed name by choosing its entity type and entering the objectives and any other relevant information in Comments section in support of the purposed name.

The requested name for approval may either be approved or rejected; it depends upon the rules and regulations of company law. It should follow the Section 4(2), 4(3) to avoid the rejection.

The applied name will be checked and processed by Central Registration Center (CRC) and the approval or rejection shall be informed you by e-mail subsequently.

Note to User: As we mentioned above, the name applied for reservation will either be approved or rejected and there is no free resubmission is allowed. For every resubmission of application, the applicant has to pay a fresh payment of Rs. 1000 using the RUN service.

Step-2: Obtain Digital Signature Certificate (DSC) for the Proposed Director:

This is the second step to incorporate a company is to getting the Digital Signature Certificate (DSC). DSC is an electronic document is required to sign digitally on all documents which are submitted online. And it ensures the authenticity of Information Technology Act, 2000 for the submitted documents. It is a legal support to the documents same like as presence of physical signature.

Every individual who proposed to be appointed as a director of the company shall have to obtain a DSC.

DSC binds together a public key with an identity and it can be use to verify a public key belongs to a particular person or entity. This certificate serves as proof of identity of an individual person for a certain purpose.

We can take an example like a driver’s license (DL) which identifies someone who can legally authorized to drive a specific form of vehicles in a particular country or state. In case of physical document we sign it manually similarly digital signature is used to sign on documents electronically.

You can obtain your Digital Signature Certificate by approaching any one of the Certifying Authorities (CAs), registered with Controller of Certifying Authorities (CCA) from the Government department. And the listed agencies are such as: NIC, IDRBT, SAFECRYPT, (n)Code Solutions, eMudhra etc., which are solely available in MCA portal, granted to issue a DSC under section 24 of Indian IT Act, 2000. One can get his/her Class 2 or Class 3 certificates from any of the certifying authorities.

Here you take a look at some website addresses of registered CA agencies:

If you are unable to get your Digital Signature Certificate or need any assistance, then contact us we will help you to obtain your Class 2 or Class 3 DSC in Bangalore within limited time frame.

Step-3: Obtain Director’s Identification Number (DIN) for the Proposed Director:

DIN (Director Identification Number) is a unique and legal identification number given to an existing individual or a future proposed director of any incorporating company.

DIN was introduced in India as binding the Section 266A to 266G of Companies (Amendment) Act, 2006.

As per the Amendment Act 2006, acquiring a DIN is mandatory for every director/ designated partner to incorporate their new company. This is the most pre-requisite identification of directors. So every directors of the proposed company shall have to obtain DIN from MCA by attaching the required documents.

Any person intend to obtain DIN shall apply e-Form DIR-3 on Ministry of Corporate Affairs website. There is 1 to 7 steps procedure to apply DIN, you can follow through that or if you have any query relating to DIN can ask freely.

If you are incorporating the company through SPICe (SIMPLIFIED PROFORMA FOR INCORPORATING COMPANY ELECTRONICALLY) e-Form, no need to apply DIN in DIR-3 Form. DIN for directors on new companies can apply through SPICe only.

MCA made easy, simplified procedure and faster process to register your company across SPICe e-Form where you can reserve company name with the help of RUN (RESERVE UNIQUE NAME) Web service, apply DIN, incorporate the company and apply PAN & TAN of company only in a single Form.

This is the best way to complete the major attributes of company registration process within a minimal time.

Step-4: Preparation of Memorandum and Article of Association [MOA & AOA]:

The Memorandum of Association is the charter of company. It is a special document which defines the work area within which the company can operate.

As per Section 4(1), the memorandum of a company states that –

  • The company with last word “Limited” is known as public limited company, or the last word “Private Limited” is known as private limited
  • The State in which the registered office of the company shall be situated;
  • The proposed company is to be incorporated for what objects and any necessary matter might be considered when it is mentioned in advancement.
  • The company should mention the liability of members whether it is limited or unlimited and also it states that –
  1. In case of company who is limited by shares means the liability of its members is limited to their outstanding (debt), if any shares held by them;
  2. In case of company limited by guarantee means it does not have share capital or shareholders instead the members are act as the guarantors, the liability of the members is limited; the nominal amount up to which every members of the company undertakes to contribute – (a) towards the assets of the company in the events of its winding up; (b) the expenses and charges cost to winding up shall be adjusted among the guarantors according to rights.
  • In case of company having a share capital –
  1. The amount of share capital should be mentioned in memorandum during the company registration and divides the shares into fixed amount among the subscribers and they have to agree with the subscription of MOA to carry out the number of shares (at least one share) by each subscriber;
  2. The number of the shares of each subscriber to the memorandum indicates their stake in the company.
  • In case of one person company; if the subscriber has got death or any incapacity is happened to original member, the nominee becomes the member of the company;

As per Section 5(1), the articles of a company state that it should contain the regulations for management of the company.

After receiving the name approval letter from MCA, the MOA and AOA are required to be drafted. It is the most needed components of a company as similar to constitution and rules & regulation. The MOA states the main and other objects of proposed company. It limits the scope of the activities and power of the company. The AOA contains the rules and procedures for the proposed company as well as duties and responsibilities of its members are defined and recorded clearly.

A stamp duty is need to be paid during the application of MOA and AOA and this stamp duty determines the authorized share capital of the company.

Memorandum of Association [MOA]:

The Memorandum of Association (MOA) is a legal document prepared for setting up the company and its operations. MOA is the charter of the company it defines the scope of the company’s activities and its relations with the outside world. It is a document which carries all things where the company can operate itself.

In simple word we can say, Memorandum of Association is a document that contains the entire fundamental information for company incorporation or formation.

The memorandum of association gives the name of company, name of its members and shareholders as well as where the company is situated with the registered office. It also states the objective of company

Articles of Association [AOA]:

Articles of Association (AOA) are a document that specifies the rules and regulations designed for company operation, management and internal affairs.

Usually Articles of Association is a document contains all the rules and regulations that govern the company. The articles of a company play a very important role in the affairs of a company and conduct its business as well as relations between the members and the company.

Besides this, it is important that, AOA (Articles of Association) is the legal record which holds all the duties, responsibilities, rights of the company and distributes their powers to the members, shareholders and directors/partners of the company. AOA also incorporate the details facts of the company about their accounts and audit.

Step-5: Filing of E-Forms for Company Incorporation/ Filing of Documents with Registrar of Companies:

Filing of Forms is a process to incorporate a company; it plays the vital role for company incorporation where all the essential documents you acquired for company are to be uploaded and submitted in this section.

And here the application for registration of a company shall be filed with the Regional Registrar jurisdiction office in Form No. INC-32 (SPICe) along with the prescribed fee where the registered office of the company is wished to be situated.

Section 7(1) states that the proposed company should be filed with the specific Regional Registrar where the company’s registered office address is going to be situated; for this, the following documents and information is required for registration, namely:

(a) Application for Incorporation of Company

Rule 12 of Companies (Incorporation) Rules 2014 states that an application for incorporation of a company shall be filed with ROC in Form INC-7 (INC-2 in case of one person company)

(b) Memorandum and Articles of Associations of the are duly signed

As per Section 7(1)(a), the filing of the memorandum and articles of the company duly filled by all the subscribers to the memorandum in such a manner that which is based on the Rule 13 of Companies (Incorporation) Rules 2014

(c) Declaration from the Professional

According to Section 7(1)(b), an Advocate, a Chartered Accountant (CA), a Cost Accountant (CMA) or a Company Secretary (CS) in practice has to file a declaration statements in the prescribed Form for engaged in the formation of the company.

Rule 14 of Companies (Incorporation) Rules 2014 states that for the purpose of clause (b) of Sub-section (1) of Section 7, the declaration by an Advocate or a Chartered Accountant or a Cost Accountant or a Company Secretary in practice shall have to file in Form INC-8.

(d) Affidavit from the Subscribers to the Memorandum

As per the Section 7 (1)(c), each and every subscribers has required to file the affidavit to the memorandum and also from the first directors in the certain prescribed From

Rule 15 of Companies (Incorporation) Rules states that for the purpose of clause (c) of Sub-section (1) of Section 7, the affidavit shall have to submit by each of the subscribers to the memorandum and each of first directors named in the articles in Form INC-9.

(e) Furnishing Verification of Registered Office

Under Section 12, the company shall be capable of receiving and acknowledge all the communications through registered office address from the 15th day of its incorporation and all times thereafter. The company can furnish (produce) to the registrar verification of registered office within 30 days of incorporation.

As per Rule 25(1) of Companies (Incorporation) Rules 2014, the verification of registered office shall be filed in Form INC- 22.

(f) Particulars of Subscribers

As per Section 7(1)(e), it requires the filing of details of the subscriber’s name, together with the surname or name related to family, present residential address, nationality and such other particulars of every subscriber to the memorandum along with the identity and address proof and etc. you can follow this which we have mentioned above in “Document required from Subscriber” para.

In Rule 16 of Companies (Incorporation) Rules 2014, it is stated that the particulars of every subscriber need to be filed in Form INC-7 with the Registrar at the time of company incorporation.

(g) Particulars of First Directors along with their Consent to act as Directors

Section 7(1)(f) requires the filing of the particulars of the first directors of the company, their names, including surnames or family names, the Director Identification Number (DIN), residential address, nationality and such other particulars including identity proof as may be prescribed in the form.

Section 7(1)(g) states that the particulars of the interest of the persons mentioned in the articles as first director of the company is linked with other firms or body corporate along with their consent.

In Rule 17 of Companies (Incorporation) Rules 2014, it is cited that the details of the first director and his/ her interest should have to be filed with the Form-12 along with his/her consent to act as the director of the company.

Step-6: Issue of Company Incorporation Certificate by Registrar:

After filing of e-forms, if all the documents are looks fine and ok, then the registrar is being satisfied with your submitted documents under the Section-7(2) and then ROC will issue your company Certificate of Incorporation in e-form INC-11. Now your company is incorporated under the Companies Act, 2013.

This Certificate of Incorporation (COI) is given by the Registrar will be the strong conclusive evidence to your company and that all the compliance requirements of the Act have been complied through this.

Step-7: Allotment of Corporate Identification Number (CIN):

During the incorporation of company with the concerned regional ROC, under the Section 7(3) of Sub-Section (2), the Registrar would allocate a distinct alphanumeric Corporate Identification Number (CIN) to the registered company which shall be mentioned on the Certificate of Incorporation (COI) along with its approved name, date, categories of company and company PAN number.

Documents of Incorporation to Preserve:

As per the Section 7(4), the company has to preserve all its original registered office copies of documents and information till its dissolution.

This is the way to understand and learn the key points about company incorporation. And we believe that you know the process and it is not a small thing; it requires proper documentations and application. But here, we made a brief clarification of that process which contains the summarized facts which help you to understand and deploy it to register a company.

-------------------------------------------------------

Related Articles for You:

Guideline to Choose a Company Name

Steps Involved in Incorporation of a Company

New Company Registration Procedure from Jan, 2018

Difference between Limited by Shares and Limited by Guarantee

Trademark Opposition Proceedings in Bangalore, India

Trademark Opposition Proceedings in Bangalore, India

The process of trademark opposition in India can be defined as a legal challenge where the litigant offers a high level of objection to a filed trademark that has already been registered. In these cases, the grounds of objection are normally solid and justified. There is no necessity that this would have to be filed by entity that happens to be the mark’s registered proprietor. These objections can also be filed by a customer or a buyer. In fact, anyone in the public who is likely to use the goods can file such a complaint as well. In these cases, the litigant does not really represent himself but the common public at large.

Who can oppose the trademark application?

The Section 21 of the Trade Marks Act, 1999 says that anyone can file the trademark opposition. As has been said already the term any person can include entities such as individuals, businesses, partnership organizations, companies, and trusts. In most cases the oppositions are filed by entities that own the trademark that is similar to the one being objected to. Normally, in these cases it is seen that the litigant has either registered the trademark or filed an application for it to be registered.

Grounds of opposition

The grounds on which a trademark can be opposed can be divided into a number of sections. Section 9 deals with the absolute grounds of refusal and Section 11 deals with the relative grounds. Apart from these two sections 13, 18 (1), and 14 also deal with such grounds. It must be said in this context that these grounds belong to the Trade Marks Act, 1999. The opposition could be filed on any ground. In most cases it happens because the trademark in question is similar, or even identical, to a trademark that has already been registered.

Opposition can also be made if the trademark in question lacks any unique character as such. If the offending trademark is just descriptive or generic an opposition could be registered as well. Similarly, if it is capable of making the trademark of the complainant weak an opposition could be filed as well. In these cases, however the plaintiff’s trademark needs to be a well-recognized one. If the offensive trademark is capable of deceiving the paying public then an opposition can be lodged as well. The same is also applicable if the trademark is infringing the laws or happens to be prohibited by the same.

An opposition can also be filed to a trademark if it has been named after an international nonproprietary name or a chemical element as such. In these cases, the opposition would be registered in accordance with Section 13.

Limitation period for filing notice of opposition

One needs to file the opposition with the Registrar within 4 months of the publication of the offending trademark in the Trade Marks Journal. The applicant needs to take care that the application for opposition is not sent straightaway to the IPAB (Intellectual Property Appellate Board).

In which form does the opposition need to be filed?

There is a prescribed format named TM-O in which this needs to be filed.

Mode of evidence presentation in support of opposition

Normally, when the applicant of the offensive trademark files a counter statement the opponent has to file the evidence within a period of 2 months of having received the same. The period in question can be extended by a month. This has to be done by way of affidavit. The complainant can also write straightaway to the Registrar that instead of filing evidence he would like to rely on the facts that he has already stated in the notice of opposition. If the applicant files any evidence in support of his own application the opponent would be given a period of 1 month, which can be extended by another month, to file evidence as a response to the evidence filed by the applicant.

Procedure for filing a notice of trademark opposition

In order to file a trademark opposition a litigant needs to fill up form TM-O and also pay a fee in the region of INR 2500. It has to be filed at the office where the trademark to be opposed has been filed for registration.

----------------------------------------------------

Read Related Posts:

Trademark Registration Online in Bangalore, India

Responding to Trademark Objection in Bangalore, India