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How to Do E-Filing of Income Tax Return (ITR) Online in Bangalore?

How to Do E-Filing of Income Tax Return (ITR) Online in Bangalore?

The term income tax return can be described as a form or a group of forms that you file online with income tax authority of your country. In case of India it is the Income Tax Department. This includes necessary details such as how much you are earning and how much you are spending. With the help of income tax returns you are able to calculate the amount of tax that you have to pay, request refunds in case you have paid more taxes than what you should have, and schedule tax payments if needed. In India the income tax has to be filed once a year. This is applicable if you are an individual or a business that has income that is worthy of being reported.

This includes categories such as the following:

  • wages
  • interest
  • dividends
  • capital gains
  • profits

What is e-filing?

The term e-filing can also be expressed as electronic filing. This is the process where you submit your income tax returns online. There are two ways in which this can be done. The conventional way is to do it offline. Here you go to the office of the Income Tax Department by yourself and file your returns. The other way is the one that we are talking about over here.

In the last few years e-filing has become a lot more popular simply because of the fact that it is a lot more convenient. You can do it for free and you also do not require to print a lot of documents as well.

Who needs to file income tax returns?

As far as who is liable to pay income tax in India is concerned there are several criteria that come into play. In case you are younger than 60 years and your gross income is more than a minimum level in a year you would have to pay income tax. As of now, the minimum level for people in this age group in India is INR 2.5 lakh a year. For people between 60 and 80 years this figure is INR 3 lakh. In case of people older than 80 years the minimum level is INR 5 lakh a year. As far as businesses are concerned they have to file their income tax return for a financial year. It does not matter if they have incurred losses or earned profits in the period under consideration.

How much tax should one pay?

As far as people under 60 are concerned there is a definite rate of taxation that comes into play. For example, people earning less than INR 2.5 lakh a year do not need to pay any income tax. People who earn between INR 2.5 lakh and INR 5 lakh a year need to pay an income tax of 5 per cent. People who earn between INR 5 lakh and INR 10 lakh a year need to pay an income tax of 20 per cent. People who earn more than INR 10 lakh a year need to pay a tax of 30 per cent.

Here you can take a look at some income tax thresholds for different taxpayers.

Income tax slab rate for individual tax payer and HUF [below 60 years]

Income Tax Slabs

Tax Rate in Percentage

Up to Rs. 2,50,000

Nil

Rs. 2,50,000 – Rs. 5,00,000

5 %

Rs. 5,00,000 – 10,00,000

20 %

More than Rs. 10,00,000

30 %

Income Tax Slabs & Rates for Senior Citizen [60 years to below 80 years]

Income Tax Slabs

Tax Rate in Percentage

Up to Rs. 3,00,000

Nil

Rs. 3,00,000 – Rs. 5,00,000

5 %

Rs. 5,00,000 – Rs. 10,00,000

20 %

More than Rs. 10,00,000

30 %

Income Tax Slabs & Rates for Super Senior Citizen [80 years and above]

Income Tax Slabs

Tax Rate in Percentage

Up to Rs. 5,00,000

Nil

Rs. 5,00,000 – Rs. 10,00,000

20 %

More than Rs. 10,00,000

30 %

Steps to file your income tax return

There are two ways to file your income tax return – you can upload your income tax return, or you can prepare and submit it online.

1. Prepare the income tax return by using the downloaded software (through Excel or JAVA utility form), save it and upload the same with e-filing website.

2. Prepare and submit income tax return (ITR) online

Procedure for income tax filing by uploading ITR method, please follow the below steps:

Before going to filing the income tax return, you need to keep all the key documents handy with you which will make easy and take less time to complete that including the Form 16 which is given by your employers, Form 26AS (tax credit statement), bank statements, copy of returns filed last year.

Step 1: To e-file your income tax return, you will have to register yourself on the Income Tax Department, Government of India official e-Filing website (https://www.incometaxindiaefiling.gov.in). Your permanent account number (PAN) will act as your User ID.

You can start the process by downloading the income tax return preparation software from the official website of the Income Tax Department of India. You can get this from the “downloads” page of said website.

Step 2: In the second step you have to prepare the return by using the software that you have downloaded. For this, first you need to gather all your personal financial data such as income, deductions, and tax payments to name a few. You can then go on and fill up your tax payments and other personal details by using the pre-fill button. Make sure to compare once so that you are not missing out on any important detail.

Step 3: Then enter all this data and hit the calculate button. This will help you find out the interest and tax liability. You will also get to know how much tax you would have to pay or how much refund would accrue to you. If you have to pay tax then do pay the tax as soon as you can. Also enter the details in the correct schedule. Repeat this step as that would make sure that your tax payable comes to 0.

Step 4: Then you should create the income tax return data and save it in XML format at a location where you want to in your laptop or desktop. After this you need to log in on the website by using details such as user ID, date of incorporation or date of birth, and password. You would have to enter the Captcha code. Once you are done go the section named e-File and click on the button that says upload return. In this case you need to choose the correct income tax return assessment file that you have already created and saved.

Step 5: If you have to use a digital signature certificate (DSC) please use it. Also make sure that it is registered with the concerned authorities. Once you are done with all this submit it. If you have not used a DSC the ITR-V would be shown on successful completion of the process. If you click on that link and download the ITR-V, it would be sent to your registered e-mail. If ITR is successfully uploaded with the DSC it would mean that process of filing returns is complete.

DSC verification is not compulsory for individual, but you can verify by using e-verification process through 5 ways i.e. (a) AADHAAR OTP (b) NET BANKING (c) EVC GENERATED AT BANK ATMs (d) PRE-VALIDATED BANK ACCOUNT (e) PRE-VALIDATED DEMAT ACCOUNT.

Step 6: In case you have not uploaded the income tax return with DSC or AADHAAR OTP or NET BANKING or EVC GENERATED AT BANK then you should print, sign, and submit the physical documents to the I-T Department of CPC (Central Processing Centre) in Bangalore.

This needs to be done within 120 days of having filed the income tax return. The return would only be processed when ITR-V is received and signed. It is important to keep checking your SMS (short message service) and e-mails for reminders in case the Income Tax Department has not received the ITR-V.

Go Green! It is better to avoid sending ITR-5, e-verify your return.

Step 7: After completion of e-filing of ITR, you can go to My Account menu and click on View e-Filed Returns/Forms to check the status of Refund amount credited to your account or not. To get the refund from the filing of return, it will normally take minimum one month of time.

Procedures for income tax filing by prepare and submit ITR online method

The process of preparing and submitting ITR (income tax return) online is also fairly similar with upload ITR method but a few differences. Only ITR-4 and ITR-1 returns can be prepared and submitted through online.

What is the deadline for income tax filing?

Usually, the last date for filing of income tax return is July 31 of a year; but the Central Board of Direct Tax (CBDT) department has extended the due date for filing income tax returns from 31st July, 2018 to 31st August, 2018 for the financial year 2017-18. For example, you need to file the income tax return for the financial year 2017-18 on latest by August 31, 2018 for the assessment year of 2018-19.

If the taxpayers file their tax return for the financial year (FY) 2017-18 after the deadline of filing return, they are liable to pay a penalty fee upto Rs. 5,000 as late fee charge and it should be file before December 31, 2018. Otherwise the payable fee may be increase to Rs. 10,000, if the tax return is filed between 1st January 2019 to 31st March 2019; And it is applicable for them; whose total income is above Rs. 5,00,000.

However, the I-T Department made a relief for small taxpayers; if the total income of the taxpayer is less than Rs. 5,00,000; the maximum penalty fee shall not exceed Rs. 1,000.

So, we always advised the taxpayers to file ITR before the due date to avoid paying the late fee.

Benefits of filing income tax returns (ITRs)

An ITR receipt is an important document for a responsible taxpayer as it tells more than the Form 16. While Form 16 only shows the salary and tax deductions from an employer, ITR shows the income from other sources also.

Here you can take a look at the 8 advantages of filing ITR:

1. It helps to avoid huge penalties from tax department.

2. It helps to keep away from 1% of extra interest rate per month on the tax liability, as per the Section 234A.

3. It helps to claim your full TDS refund.

4. It helps to make easy process for applying a bank loan.

5. It helps to carry forward the capital losses which can be adjusted against the capital gains made in subsequent years.

6. It helps to make easy processing for VISA approval on travelling overseas (when you are travelling to foreign countries).

7. It helps to buy a high life cover insurance policy with sum insured of Rs. 50 lakh or more.

8. It helps to show the only proof of income and tax payment for freelancers or self-employed professionals.

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A Step by Step Guide to Claim Income Tax Refund (ITR)

MCA Updating the Register of Directors by Filing DIR-3 KYC e-Form

MCA Updating the Register of Directors by Filing DIR-3 KYC e-Form

The Ministry of Corporate Affairs (MCA) has recently notified to conduct the KYC (Know Your Customer) for all directors of all companies through a new e-Form via DIR-3 KYC by August 31.

According to MCA, it would be mandatory for every director who has been allotted DIN on or before 31st March, 2018 and who’s DIN is in ‘approved’ status required to file the form DIR-3 KYC on or before 31st August, 2018. And it is compulsory for Disqualified Directors whom they need to file in DIR-3 KYC form also.

However, MCA has made a favour for directors and extended the deadline of filing the e-Form DIR-3 KYC for Directors from 31st August 2018 to 15th September 2018 and it is informed that all directors should file their KYC with the concerned form before the due date.

MCA Notification on Directors KYC Updation

As stated by the MCA, the Directors KYC notification with respect to updating registry is as follows:

As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC to be notified and deployed shortly.

Accordingly, every Director who has been allotted DIN on or before 31st March, 2018 and whose DIN is in ‘Approved’ status, would be mandatorily required to file form DIR-3 KYC on or before 31st August,2018.

While filing the form, the Unique Personal Mobile Number and Personal Email ID would have to be mandatorily indicated and would be duly verified by One Time Password (OTP).

The form should be filed by every Director using his own DSC and should be duly certified by a practicing professional (CA/CS/CMA). Filing of DIR-3 KYC would be mandatory for Disqualified Directors also.

After expiry of the due date by which the KYC form is to be filed, the MCA21 system will mark all approved DINs (allotted on or before 31st March 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC’.

After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee only, without prejudice to any other action that may be taken.

DIR-3 KYC notified in Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018. These rules are called the Appointment and Qualification of Directors which need to be submitted through e-form DIR-3 KYC to the Central Government.

While filing DIR-3 KYC form, all stakeholders are requested to use PAN based DSC in case of Indian Nationals i.e. DSC should contain the PAN as specified in the form.

In respect of foreign nationals, applicant’s name in DSC would be matched with his/ her name entered while filing the e-Form DIR-3 KYC.

Incase the PAN/ Name doesn’t match with PAN/ Name entered in the form, they would be required to get a DSC with PAN/ Name as specified in the form.

From this notification it is clear that:

Who has to File DIR-3 KYC?

Directors of all companies who have got DIN on or before 31st March, 2018 and whose DIN status is approved are required to file e-Form DIR-3 KYC.

When is the Due Date of DIR-3 KYC?

Due date for filing of e-form DIR-3 KYC is 31st August, 2018

Mandatory Information Required for DIR-3 KYC

  • Unique Personal Mobile Number
  • Personal E-mail ID
  • OTP on Mobile and E-mail ID need to verify accordingly.

Certification Required to File DIR-3 KYC

  • DSC of Director
  • DSC of Practicing Professional like CA/CS/CMA

Is Disqualified Directors Needed to File in DIR-3 KYC Form?

Yes, it is mandatory to file DIR-3 KYC by Disqualified Directors.

Result of Directors Who Fails to File DIR-3 KYC Form

The MCA system will mark the approved DINs as Deactivated due to ‘Non-filing of DIR-3 KYC’.

Consequences of Filing DIR-3 KYC After Due Date

The deactivated DINs shall be allowed upon a payment of specified fee only.

Some Frequenlty Asked Questions (FAQs) on DIR-3 KYC

1. Who is required to file DIR-3 KYC form?

Every Director who has been allotted Director Identification Number or Designated Partner Identification Number (DIN/ DPIN) on or before 31st March, 2018 and the status of such DIN is ‘approved’; they need to file e-form DIR-3 KYC to update KYC details in the system as a Director on or before 31st August 2018.

For Financial Year (FY) 2019-20 onwards – Every Director who has been allotted DIN/ DPIN on or before the end of the financial year, mandatory to file e-form DIR-3 KYC before 30th April of the immediate next financial year.

After deadline of respective due date, the system will mark all non-complaint DINs as ‘Deactivated’ due to missing the filing of DIR-3 KYC form on time.

2. Which details are required to be filed in the form?

Name, Father’s Name, Date of Birth (DOB) [all are as per the PAN information], PAN Number (mandatory for citizen of India), Personal Mobile number, Email ID and Permanent/ Present Address.

In addition to this, the Directors are required to provide their AADHAAR, if not then Voter ID or Passport or Driving License.

3. Is it mandatory to enter personal mobile number and email ID in DIR-3 KYC form?

Yes, it is mandatory to enter your personal unique mobile number and personal unique email ID in the form DIR-3 KYC and it has to be verified by OTP and email process. This mobile number and email ID must not be linked to other person’s DIN holder.

4. How does the OTP works in DIR-3 KYC Form?

Send OTP button will be enabled only after the successful pre-scrutiny of the form. After the successful of pre-scrutiny, the applicant/ user has to click on ‘Send OTP’ button.

Please note that, once OTP is successfully sent to the valid and active mobile number and email ID, the ‘Send OTP’ button gets disabled automatically and the OTP is valid for 15 minutes.

5. Who are the signatories in DIR-3 KYC form?

The DIN holder and the certifying professional (CA/ CS/ CMA) are the two signatories in the form DIR-3 KYC.

6. If I am a disqualified director, am I required to file the form DIR-3 KYC?

Yes, disqualified directors are required to file the form DIR-3 KYC.

7. What is the late fee for filing of form DIR-3 KYC?

There is no fee for filing of DIR-3 KYC Form within the due date with respective to financial year. However, if you filed after the due date for DIN status ‘Deactivate’; a fee of Rs. 5000 shall be payable.

8. Can a non-resident director is allowed to provide Indian mobile number?

No, a non-resident foreign director is not allowed to provide Indian mobile number, but he shall be allowed only to enter his/her foreign address and foreign mobile number.

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How to Get FSSAI License in Bangalore?

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How to Obtain FSSAI License in Bangalore?

How to Obtain FSSAI License in Bangalore?

The FSSAI (Food Safety and Standards Authority of India) registration license is an initiative of the Indian Government. The main aim behind starting it was to make sure that there was no compromise on the quality of the product, that it was not adulterated in any way whatsoever, that the quality of the product was a lot better compared to what it was earlier, and to make sure that the manufacturers were accountable at all times. Each and every food business in India needs this license from this authority body in order to perform its business. It is obligatory for all manufacturing units as well as distribution units.

So to get this registration, the food operators can directly go to the nearest Common Services Center (CSC) for filing the application online or can a find good agency at your location that help you in this regards.

In this article, we discuss the following topics about FSSAI:

  1. Introduction to FSSAI registration & license
  2. Types of FSSAI registration in India
  3. Why does a food operator need a license?
  4. Who needs the food registration license?
  5. Penalties for violating FSSAI rules
  6. Validity and renewal of certificate
  7. Getting FSSAI registration in Bangalore
  8. Things to keep in mind by food operators
  9. How to apply for FSSAI registration license?
  10. Documents required for obtaining Basic, State and Central license certificate
  11. Government registration fee for these 3 licenses

Introduction to FSSAI Registraion License

All the restaurants, and even street food vendors, need approval from FSSAI to do their business. It does not matter how much they earn in a year – they have to have this license. Operators in the food business of India need to apply for this irrespective of the scale that they are operating at. Normally this license provides you a 14 digit license or registration number that is printed on the package of your product.

The FSSAI registration license is classified into 3 types. We can say that there are three categories of food license in India such as

  1. Basic registration license
  2. State registration license
  3. Central registration license.

Basic Registration: You can apply for the basic license if your turnover is lower than INR 12 lakh.

State Registration: If your turnover is between INR 12 lakh and INR 20 crore you can apply for a state license.

Central Registration: If your turnover exceeds INR 20 crore you should apply for a central license.

And the business operators can choose the food license based on their root. Apart from this, a normal food business operator must require the basic food license. If your products are superior quality to others, safety and healthy, no adulteration, value for money, more demanding and you want to expand the business then you can go for state or central license.

Why does a Food Business Operator Need a License?

There are several reasons as to why FBOs (food business operators) such as you need to apply for this license apart from the fact that it is mandatory. But here we have just mentioned only 5 points.

  1. You need to make sure that your consumers do not fall ill or their safety is not compromised in any way after consuming your product.
  2. The license happens to be a great tool of marketing and this is one reason why it can boost your business to such an extent. The license is necessary to make sure that you are able to provide the finest quality of food to the people.
  3. This license also helps you stay at par with the statutory requirement of the government as well. This is a recognition from the union ministry of health and assures the common consumers that you are providing the finest quality of food to your consumers.
  4. The FSSAI license can help you expand your business quite easily as well. With the help of this license you would also find it easier to raise money from financial institutions such as banks and expand your business.
  5. You can use the logo on pamphlets and menu cards as well and it would be a sign of the fact that the food you are selling is superior to others in terms of quality.

Who Needs this Food License Registration?

As it is stated by the laws in India, the food operators who are engaging in food businesses such as food preparation, packaging, storing and selling the products, they have to acquire a relevant FSSAI registration lincense from the authority. So each and every FBO has to apply for this license and procure it.

A food business is basically one that takes part in making, storing, packing, and distributing food. It could also be one that imports or exports food, and processes food.

The following kinds of entities are regarded as FBOs and they needs FSSAI authorization:

  • Restaurants, boarding houses, and clubs that serve food
  • Canteens of schools, offices, colleges, and various other institutions
  • Warehouses
  • Catering services
  • Homemade food businesses like chocolates, jams, and pickles to name a few
  • Bakery
  • Food trucks
  • Sweet shops
  • Food technology service providers
  • Cafes
  • Banquet halls that have arrangement for food catering
  • Food vendors such as dabbawallas

As far as FBOs are concerned there are a wide range of rules and regulations that it has to follow in order to get this license just so that you are able to sell their products and services in the market.

Penalties and Offences as Per FSSAI Rules

If you do not have an FSSAI license you could be imprisoned for as long as 6 months and you may have to pay fines that are as high as INR 5 lakh. If you have issues with the quality of your food you may have to pay a fine of INR 5 lakh.

The penalty is the same in case of subpar food. In case someone dies by eating your food you would have to pay at least INR 5 lakh. In case someone is injured seriously you may have to pay a maximum fine of INR 3 lakh. The figure is same in case of other injuries as well.

Renewal and Validity of FSSAI License

The license has to be taken for a period of at least a year. At the most it can be availed for 5 years.

As an FBO you can apply for a license on the basis of the demand and supply of the product in question. As far as small vendors and startups are concerned it is better to have at least a basic license. When the business expands you can go for a central or state license as well. If you want to renew it you should apply for the same at least 30 days before the validity period expires. If you fail to appeal within this period you may have to pay fines as well. This is the reason why you should apply for the same within the prescribed time.     

Getting the FSSAI license/ Registration in Bangalore

You can forward your online application for the FSSAI license to the following address in Bangalore:

Food Safety Commissioner for Karnataka,

Commissioner of Health & Family Welfare Services,

Health & Family Welfare Services,

Public Health Institute,

Sheshadri Road, Bangalore – 560001

You can also call 9069142028 for help in this regard. In fact, as far as getting this license is concerned you can seek help from registration agents working in the Garden City. They happen to be licensed by the authority body itself and would thus help them get the job completed with ease. These agents employ experts with regards to the kind of food license that would be just what the doctor ordered for you. However, it is always better to keep checking the internet and getting touch with the authorities in order to get the latest information in this regard.

In this regard, we can help you to get your FSSAI registration done in Bangalore or any other cities in India; as we are a leading company registration consultant in Bangalore provides valued services to our clients. So we give value your business and always happy to serve you.

Food Operators Need to Keep in Mind the Essential Things on Food License:

  • Every food business operator must be licensed/ registered
  • If FBO is operating in more than one state, one additional Central License for Head/ Registered Office is required.
  • Importer to take one single Central License at their IE Code address
  • One premise with multiple kinds of business is eligible for one license/ registration only
  • Every food business operator must comply with the conditions of license/ registration

How to Apply for FSSAI Registration License Online in Bangalore Karnataka

FSSAI provides opportunity for Food Business Operators (FBOs) to apply for online registration through FLRS (Food Licensing & Registration System) to get the license/ certificate all over in India.

The process of application for FSSAI license and registration in Bangalore, Karnataka covers under the rules and regulations of FSSAI and getting license for FBO happens according to their business eligibility whether they are eligible for only Registration or State License or Central License as per their capacity/ turnover.

The food business operators like manufacturers, storage, importers, wholesaler, retailer, distributor, supplier, caterer, hotel, restaurant, transporter and marketer are need to acquire their license based on their annual turnover/ production or storage capacity.

Here are the 4 steps for FSSAI registration which help you to know and understand the documentations, fee structures and process of FSSAI license.

Before filing the application form, you need to read the fee structure/ payment mode and supporting documents list from the below section which is must required for it.

Here the steps are taken to make an application for FSSAI registration:

Step 1: In first step, you have to check your business on FSSAI portal https://foodlicensing.fssai.gov.in which falls on what type of license category based on your eligibility of FBO (Food Business Operator). Accordingly, you will have to go for that registration in Step 3.

You can register your food business for Simple Registration/ State License/ Central License as per the category of your business under the FSSAI Law by choosing the correct one option from the portal.

  • If your food business comes under small category, turnover within Rs. 12 lakhs then you are eligible for Basic License Registration.
  • If your food business comes under medium category, turnovers between Rs. 12 lakhs to Rs. 20 crore; then you are eligible for State License Registration.
  • If your food business comes under large category, turnover exceeds Rs. 20 crore then you are eligible for Central License Registration.

For each (Basic, State and Central) license, the applicant/ FBO has to SIGN UP and create new Username and Password for the application process which has mentioned in step 2.

Note: It is important that the applicant/ FBO must have a valid and active Email ID and Mobile Number, because the login details shall be generated automatically by the system and mailed/ SMS you same accordingly.

Step 2: In second step, Sign Up your FBO by clicking on “Sign Up”; fill the field online, create your Username and Password and click on “Register” button to complete the FBO sign-up process successful. A confirmation mail will be sent to your E-mail and Mobile Number for verification and future purpose.

Step 3: In third step, you will be logon to Existing Users Login, choose your own business type in FLRS (Food Licensing & Registration System) and fill the application form with all field and attach the necessary documents then submit it.

For Simple Registration: Form-A application is required to file by the FBO for Basic Registration/ Renewal of Registration under the Food Safety and Standards Act, 2006.

FORM-A FSSAI registration application needs to be filled by the applicant with affixing photograph and signature and submit this along with the supportive documents. It is a must required document which helps to get FSSAI basic license.

For State and Central Registration: FORM-B FSSAI Registration application form is required to file by FBO/ applicant for State and Central License. Fill the application Form-B and certify the applicant signature and submit it. Form-B FSSAI license is a mandatory document which needed to filing for acquiring state or central license.

After submission of application online, the applicant/ FBOs should take a print out of that Online Application Form which is generated through the system and submit the same physical application to Regional Authority/ State Authority with all supportive documents within the 15 days from the date of online application.

Step 4: In fourth step, the FBO/ applicant can apply for Modification, Renewal and Duplicate License Certificate through FLRS.

In case of Form-B, it should be properly signed and completed in the duplicate form; this can be done by the authorized signatory, partner, or proprietor of the company. As far as the blueprint or layout plan of the processing unit is concerned, it should show the dimensions of the same in metres or square metres; it should also show allocation of area with respect to operations. This is however mandatory only for the processing and manufacturing units.

With respect to the list of directors, partners, proprietors, or executive members of the trust or society it should contain their complete address and contact details – this however is mandatory only for the companies. In case of the lists and names of machines and equipments being used they should have the numbers, horse power used, and installed capacity. This is however mandatory only for the processing and manufacturing units.

With regards to the address proofs and photo IDs of proprietors, partners, directors, or authorized signatory the documents furnished should have been issued by the government.

The list of food categories that the company wishes to make is applicable in case of only the manufacturers. As far as the authority letter with address and name of responsible persons who have been chosen by the manufacturer is concerned an alternative responsible person should be mentioned as well; the powers provided to them should be indicated as well with respect to helping officers during inspections, picking, collecting samples, and dispatching. This is mandatory only for the manufacturers and processors.

The bacteriological and chemical analysis report of water that would be used in order to make the food should be from a familiar or public health laboratory; it should confirm that the water is portable; this is obligatory only for the processing and manufacturing units. In case of the proof of possession of company premises one can furnish the sale deed, electricity bill, and rent agreement; this is optional though. The Coop Act certificates are only supposed to be provided by the cooperatives. The no objection certificate (NOC) and copy of license from manufacturers’ only needs to be provided by repackers and relabellers.

Documents Required for Basic Registration Certificate

  • Photo of food business operator
  • Identity proof like Aadhaar Card/ PAN/ Voter ID/ Driving License/ Ration Card
  • NOC by Municipality/ Panchayat, Health NOC
  • Declaration certificate to be uploading.

Fees for Basic Registration/ License Certificate as per FSSAI

Basic License Fee Structure

For new registration certificate

INR 100/Year

For renewal of registration certificate

INR 100/Year

For duplicate of registration certificate

10% of the applicable certificate fee

List of Necessary Documents Required for State License

There are a host of documents that you need to provide in order to get a state license from the FSSAI. They may be enumerated as below:

  • Form-B
  • No objection certificate (NOC) and copy of license from manufacturers
  • Blueprint or layout plan of the processing unit 
  • Food safety management certificate or plan
  • List of directors, partners, proprietors, or executive members of the trust or society
  • Procurement plan for milk and source of milk
  • Lists and names of machines and equipments being used
  • Source of raw material in case of meat and meat processing units/plants.
  • Address proof and photo ID of proprietors, partners, directors, or authorized signatory 
  • Pesticide residues report of water
  • List of food categories that the company wishes to make
  • Recall plan as and where may be applicable
  • Authority letter with address and name of responsible persons who have been chosen by the manufacturer
  • NOCs from local administrative bodies such as municipalities
  • Bacteriological and chemical analysis report of water that would be used in order to make the food
  • Form IX
  • Proof of possession of company premises
  • Certificate provided by the ministry of tourism – HRACC (Hotel and Restaurant Approval and Classification Committee (India))
  • Affidavit of  proprietorship or partnership deed, or memorandum and articles of association     
  • Self declaration of number of vehicles or documentary proof that supports turnover stats – this is applicable only for transporters
  • Copy of certificate that has been procured as per the Coop Act – 1861 or Multi State Coop Act – 2002
  • Declaration form – this is applicable only in case of Himachal Pradesh and Delhi

Fee structure for State License/ Certificate

License for Manufacturer/ Miller

Fees Per Year

For New License

 

Hotels up to 4 Star

Rs. 5000

Above 1 MT production per day

Rs. 5000

10,001  50,000 LPD of milk/ 501 MT  2500 MT of solid milk items producing annually

Having less than 1 MT productions in a day

Rs. 3000

From 501 MT to 10,000 LPD of milk/ 2.5 MT to 500 MT of solid milk production per annum

Every Food Sources counts as Restaurants/ Dhabba/ Clubs/ Boarding Houses/ Canteens (in Schools, Colleges, Offices, Institutions)/ Caterers/ Banquet Halls having food catering arrangements/ Food Hawkers/ Dabbawallas & other food business operators.

Rs. 2000

For Renewal of License

Depends on number of years selected.

For Modification of License

Fees for modification of license for 1 year will be charged same during modification.

For Duplicate of License

10% of license fees is applicable

Documents required for Konkan/ Indian Railway License

The above mentioned document list for state license is necessary for getting Konkan/ Indian Railway license. So you need to prepare the essential papers at the time of application.

List of Documents is Necessary for Getting a Central License

To obtain a central license for your food business in any part of India; obviously, it is essential to prepare huge documents for it.

Include the below documents along with above mentioned document list for state license:

  • Certificate from Ministry of Commerce and Industry, Department of Commerce for 100% export oriented unit (EOU).
  • Supporting document to show the proof of annual turnover.
  • NOC/ PA document issued by FSSAI department.
  • Import Export (IE) Code certificate issued by DGFT.

Fee Structure for Central and Konkan/ Indian Railway License

Registration Type

Central License Fee (1 Year)

Indian Railway License Fee (1 Year)

For New Application

Rs. 7500

Rs. 2000

For Renewal of Application

Rs. 7500

Rs. 2000

For Modification of License

Rs. 7500

Rs. 2000

For Duplicate License/ Certificate

10% of License Fee is Applicable

10% of License Fee is Applicable

 

The food operator can make the payment by any one of these methods – demand draft, treasury challan, or Syndicate Bank treasury challan.

This can be done in case of the Registration Certificate and the State License. In case of a new license if your daily production is around 1 MT (metric ton) you would have to pay of INR 5000 for each year. The same is also applicable in case you produce between 10,001 and 50,000 LPD of milk or between 501 and 2500 MT of milk solids in a year.

However, if your food production is lower than 1 MT in a year you would have to pay a yearly fee of INR 3000.

This is also applicable if you produce between 501 and 10,000 LPD milk in a year or if, your annual milk solids production is between 2.5 MT and 500 MT. If, you are owned a 4 star hotel or lower you would have to pay a yearly fee of INR 5000.

Mode of payment

There are two major modes in this case – (1) Bank Challan and (2) Treasury Challan.

In case you want to opt for the bank challan mode you can opt for a challan from the Syndicate Bank. If you are looking for a treasury challan following are the details that you need to keep in mind:

  • Major head – 0210
  • Minor head – 04
  • Sub head – 104

Final Thoughts:

Some businesses are efficient and productive; preparing good food for their happy customers and owned trust from them as went on through proper legalization. As you are building out your business, think about the product quality, create a brand and take protection need for it.  By registering your business name with specific regulatory will be the right legal steps to enforce the business.

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Read Related Posts:

How to Get MSME Registration in Bangalore?

How to Get Import Export Code Registration in Bangalore?

How to Apply for Shop and Establishment Registration in Bangalore?

How to Apply for MSME Registration in Bangalore Karnataka?

How to Apply for MSME Registration in Bangalore Karnataka?

These days, there are several reasons as to why a number of small and medium enterprises (SMEs) are being formed in Karnataka as well as other parts of the country. You can be considered eligible for lower rates of interest on loans, you can get subsidies on power tariffs and tax subsidies, and you can become a part of capital exemption schemes and receive capital investment subsidies as well. You can also be granted exemptions from direct tax laws.

These days, all the states and union territories in India have their own special packages whereby they provide incentives and facilities for the small scale companies.

There are some other benefits of forming such a company as well. They need a very short period as far as conceptualization is concerned. They are mainly labor intensive, which is available abundantly and for cheap in India.

As far as decentralization of power is concerned they are great indeed. All the benefits that accrue to an SME come through the MSMED Act that has been passed by the Government of India. And its registration is free of cost, no need to pay any fees to Ministry of MSME department; but it is very important to be registered as an MSME in order to get the special benefits from central and state government of India. This is an initiative program of govt. to accelerate and promote the easy of doing business.

In this article, we have shared the folling important points on MSME:

  1. What is MSME?
  2. Classification of MSME
  3. Investment Limits of Enterprises in India
  4. Importance of MSME in India
  5. Why an Enterprise Needs MSME Registration?
  6. Benefits of Registering an Enterprise under MSME Act.
  7. Documents Required for MSME Registration in Bangalore India
  8. How to Get the MSME Certificate?
  9. MSME Registration Process (a step-by-step procedure for getting the instant certificate through online)

What is MSME Enterprise?

MSME means the enterprises or industries that’s stands for Micro, Small and Medium Enterprises, as the name indicates that it includes with the enterprises which may be a medium level or below medium level or below to below medium level with respect to their terms of productions, services and investment towards the business goal.

According to the provision of Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 the MSME is classified into two classes such as

  1. Manufacturing Enterprises
  2. Service Enterprises

As stated by the Ministry of Micro, Small & Medium Enterprises department, manufacturing and service based industries are required to invest capital on plant & machinery and equipment head.

Therefore, the manufacture industries are defined as in terms of investment in plant & machinery where as the service provider industries are defined as in terms of investment in equipment.

So, here take an overview on the conditions for investment in plant & machinery/ equipment for manufacture or service holder as below:

Enterprises Investment Limit on Manufacture Sector:

Enterprises of manufacturing or production sector can be invested the amount in plant and machinery field as mentioned by the below limit.

  • Micro Enterprises: A micro enterprise can invest capital upto Rs. 25 lakh in plant and machinery (≤ 25 lakh).
  • Small Enterprises: A small enterprise can invest capital Rs. 25 lakh to Rs. 5 crore in plant and machinery (> 25 lakh and ≤ 5 crore).
  • Medium Enterprises: A medium enterprise can invest capital Rs. 5 crore to Rs. 10 crore in plant and machinery (> 5 crore and ≤ 10 crore).

Enterprises Investment Limit on Service Sector:

Enterprises in the service sector can be invested the amount in equipment field on the basis of the below information.

  • Micro Enterprises: A micro enterprise couldn’t exceed Rs. 10 lakh of investment in equipment (≤ 10 lakh).
  • Small Enterprises: But in case of small enterprise, you can invest in equipment and furniture purchase more than Rs. 10 lakh but shouldn’t more than Rs. 2 crore (> 10 lakh and ≤ 2 crore).
  • Medium Enterprises: In medium enterprises case, a business holder can invest the amount more than Rs. 2 crore but not more than Rs. 5 crore in equipment sector (> 2 crore and ≤ 5 crore).

Here is the limitation chart for enterprises according to Ministry of Micro, Small & Medium Enterprises

Enterprises Classification

Investment Ceiling Limit on Manufacture Sectors

Investment Ceiling Limit on Service Sectors

For Micro Enterprise

≤ 25 lakh

≤ 10 lakh

For Small Enterprise

> 25 lakh and ≤ 5 crore

> 10 lakh and ≤ 2 crore

For Medium Enterprise

> 5 croe and ≤ 10 crore

> 2 crore and ≤ 5 crore

 

The current classification is based on the investment in plant & machinery for products based companies and equipment for services based organization.

Here we want to inform one thing that the government is going to be revised the definition of MSME, the decision has taken at the Union Cabinet Meeting on classification of MSMEs on the basis of their annual turnover.

They don’t want to make distinction between Manufacturing and Service unit. They are thinking to give the same priority to both of the sectors.

In this proposed amendment, they may want to do the threshold criteria for enterprises; means those enterprises having annual turnover upto Rs. 5 crore would be considered/ termed as Micro, Rs. 5 crore to Rs. 75 crore would be termed as Small and Rs. 75 crore to Rs. 250 crore would be termed as Medium enterprise.

The change would be effective when the proposed amendment to Micro, Small and Medium Enterprises Development Act, 2006 come into effect.

Importance of MSME in India

MSMEs have the pivotal role in nation like India for their growth and development, so that’s why state and central governments have conceptualized to provide the maximum benefits to the enterprises those who are falling under the MSME scheme.

MSME enterprises are the backbone of India which can trigger the economic growth of a developing country like India and also developed countries in the world.

So many of the economists in the world termed the MSMEs as “engine of growth” which plays a key role for development of any country; if I am not wrong, India is heading towards the engine of growth.

MSME is playing an equitable and prominent role for building the development of country’s growth by creating potential employment opportunities for young Indians at a low capital cost. So we request you to do your enterprise registration and be a part of nation building concept.

Why We Should Do MSME Registration?

Acquiring MSME registration certificate is not legally mandatory for a business or enterprise but you have to acquire the advantages through it and grow like a tree. So we will be advised you always that registering your enterprise under MSME scheme can get a variety of several benefits from the government sectors including lower interest rates, excise exemption scheme in respect to specified commodities, tax subsidies, exemption under Direct Tax Laws, power tariff subsidy, capital investment subsidies, etc.

If you need our assistance, then we will be helping you to get your MSME registration certificate in Bangalore Karnataka or any other cities in India within a stipulated time period.

Benefits of MSME Registration in India

Why should an enterprise register under the Udyog Aadhaar and what are the facilities it will get from MSMED?

Therefore, we explained briefly some important advantages on MSMEs below:

To encourage the growth of MSME both State and Central Govt. are immensely targeting their incentives, subsidies, and schemes and support packages to the registered MSMEs through MSMED Act, 2006. After registration, any enterprise can be qualified to gather or avail the benefits offered under the MSMED Act.

So the advantages or benefits will be offered to the MSMEs according to their classifications and competitiveness.

Here look at some key benefits of MSME registration under the Act of government to the enterprises.

1. Easy Availability of Loans from Banks: All banks are ready to lend the business sectors according to their setup and apart from this, MSMEs are recognized by banks, they offer financial support with lower interest rate as compared to typical business rate.

2. Tax Rebates under the MSMED Act, 2006: MSME registered business may enjoy multiple tax exemption scheme and capital gain tax subsidies from the government.

3. Easy Access to Credit: Mudra Yojana Scheme has introduced by PM Modi which provides loans to MSMEs without security. And enterprises can take the advantage from this scheme to raise their business.

4. Get Benefits from State Governments: Those enterprises that have registered under MSMED Act for them most of the states and union territories offers subsidies on power, taxes, entry to state-run industrials, capital investment subsidies and also exempted from sales tax.

5. Get Benefits from Central Governments: Enterprises can get easy sanction of bank loans on priority sector lending, excise exemption scheme, exemption under direct tax law, lower the rates of interest and support such as reservation, etc. Apart from this central government announces various schemes from time to time for MSMEs where they can get benefit from it and creates an environment for opportunities.

6. 50% Discount on IP Protection: Government will financially support to technology startups for International Patent Protection in Electronics and IT (SIP-EIT) by reimbursement up to 50% of total patent cost, with Rs. 15 lakh limit.

7. Credit Guarantee Fund Scheme: This credit will be eligible to micro and small enterprises covering the credit limit per borrower from Rs. 100 lakh to Rs. 200 lakh as in recent update on 20th February, 2018 by Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE).

8. Capital Subsidy for Technological Upgradation: This scheme is operating for modernization of technological upgradation of Small Scale Industries (SSI) through the Credit Linked Capital Subsidy Scheme (CLCSS). An enterprise can get ceiling loans under this scheme from Rs. 40 lakh to Rs. 1 crore and the rate of subsidy from 12% to 15%.

9. Market Development Assistance for Micro, Small & Medium Enterprises: This scheme helps funding for participating international fair, trade delegations, publicity, etc. The Government will repay 75% of air fare in economic class and 50% of space rental charge for general category and 100% of air fare in economic class and space rent for Women/ SC/ ST entrepreneur.

Documents/ Information Required for MSME Registration in Bangalore Karnataka

  • PAN of the Company/ Individual
  • Aadhaar card of the applicant
  • Total capital investment
  • Date of Incorporation of Company
  • Registered office address of the company
  • Bank details like IFSC Code and  Account Number
  • Nature of business
  • Number of employees

How to get the MSME certificate in Bangalore?

We want to clear here one thing that applying for MSME and getting the registration certificate in Bangalore Karnataka or any other cities in India will be the same process for every state; you have to follow the Udyog Aadhaar registration process to get the UAM (Udyog Aadhaar Memorandum) number in India.

You don’t need to be confused, where to apply and how to apply.

Because all the application process for MSME registration in India would be done completely on online through the help of Udyog Aadhaar portal only i.e. https://udyogaadhaar.gov.in/ which is the official website for MSMEs and startup; is maintained by the government of Ministry of Micro, Small and Medium Enterprises.

You would be happy to know that there are plenty of companies in Bangalore as well as the rest of Karnataka that can help you get an MSME (ministry of micro, small and medium enterprises) certificate and that too within a span of 2 to 5 working days.

And this certificate is valid for the lifetime of your organization and both service and manufacturing sector companies can avail the same. There is no limit on the number of companies that can be registered by a single entity. It also helps that these services are rather economical.

MSME Registration Process through Udyog Aadhaar

Here’s look at the 20 key steps to register your business or MSME in Government portal that will have to follow

1. Just visit https://udyogaadhaar.gov.in/UA/UAM_Registration.aspx for new MSME or SSI registration under MSMED Act.

2. Enter Aadhaar Number and Entrepreneur Name as per Aadhaar card and then click on Validate & Generate OTP button, a one time password will be come to your aadhaar registered mobile number. You have to just verify the OTP.

After verifying the OTP, a form will come on same window and you have to fill and select the different fields of that form below the following way

3. In Social Category field, you have to choose one option (General, Scheduled Caste, Scheduled Tribe or Other Backward Class) from the dropdown.

4. In Gender field, the applicant has to select the gender of entrepreneur.

5. In Physically Handicapped field, you have to select the physically handicapped status (Yes or No) of entrepreneur.

6. In Name of Enterprises field, the applicant must have to fill the enterprise name which is known by your customer.

7. In Type of Organization field, the applicant has to choose one of his/her organization name from the radio buttons like Proprietor, Partnership, Company, etc.

8. In PAN Number field, PAN number is required for Co-Operative Society, Private Ltd, Public Ltd or Limited Liability Partnership (LLP). But it is optional for other business type.

9. In Location of Plant Details field, if your organization has multiple plant location, you can add it in one registration by clicking Add Plant button.

10. In Official Address of Enterprise field, the applicant should fill the details appropriate field with complete postal address of the enterprise including State, District, PIN Code, Mobile No and Email.

11. In Date of Commencement field, enter the operation date of your business from which day you’ve started it.

12. In Previous Registration Details (in any) field, if you have already applied Udyog Aadhaar registration for an enterprise and issued a valid EM-I/II through the respective concerned GM (DIC) as per the  MSMED Act 2006, such number have to mention in appropriate place.

13. In Bank Details field, you must provide your bank account number that is used for running the enterprise and also mention the IFS Code of the bank’s branch office.

14. In Major Activity field, here you have to choose what your enterprise is doing for, either “Manufacturing” or “Service” under Udyog Aadhaar. If your business involves in both type of activities and major portion of work covers in Manufacturing sector and small portion of work covers in Service sector; then select you major activity type as “Manufacturing” and if major portion of work covers in Services and small portion of activity covers in Manufacturing; then  select your major activity as “Services”.

15. In National Industry Classification Code (NIC Code) field, you have to choose multiple National Industrial Classification (NIC) Codes for your all business activities relating to “Manufacturing” or “Service” sector. And here these activities are classified into 3 categories; you should choose it one by one through NIC Code just typing two or more characters of activity in search box.

16. In Person Employed field, here you have to give information on how many employees are working with you and who have been directly paid their salary/ wages by the enterprise.

17. In Investment in Plant & Machinery/ Equipment field, so here you have to enter the total investment (purchase value of items) cost for enterprise.

18. In DIC (District Industry Centre) field, according to the location of enterprise; you have to fill the location of DIC. While filled the DIC location, the column will be active and show options, if is there any DIC is available for that district or not. If there is only one DIC in the district system, it is automatically register your enterprise in the same DIC.

19. In Submit field, the applicant should click on Submit button; where it creates an OTP which will be sent to your Aadhaar linked Mobile Number for registration purpose. You need to enter the OTP on specified field and verify it for application submission purpose.

20. In Final Submit button field, you need to verify the captcha code and then click on Final Submit button. And here your application process for MSME registration is finished now.

And you will get an applied application form of Udyog Aadhaar Memorandum (UAM) bearing with UAN (Udyog Aadhaar Number). Click below on Print button to get it as pdf format for future purpose.

At the same time; just below the Print button, a registration certificate option will be there; by clicking on that, you will get a system generated Udyog Aadhaar Registration Certificate from this.

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How to Change Designated Partner in LLP?

How to Change Designated Partner in LLP?

In India, a partner could be removed from an LLP (limited liability partnership) or she or he could want to resign for a variety of circumstances. However, there are some rules and regulations that have to be followed in this case. The resignation or removal needs to be recorded in the right way and relevant filings have to be made with the Ministry of Corporate Affairs of India. This would make sure that the resignation or removal of the partner would come into effect properly.

Here's look at the simple steps about resigning a designated partner from limited liability partnership (LLP)

Legal procedure to remove a designated partner of LLP

1. Notice of partner's resignation/ removal

2. Change in LLP agreement

3. Intimate to ROC through Form 4 along with amendment of LLP agreement

Resignation and removal of a partner

As per the LLP agreement between partners a partner can stop being a partner. If there are no restrictions in the LLP agreement then a partner can resign just by providing a notice that she or he is resigning within a period of 30 days.

This notice needs to be given in writing to the other partners of the LLP. There are certain situations where a person’s status as a partner in an LLP comes to an end automatically. They may be mentioned as below:

  • In case she or he dies
  • If the partner is found to have lost her or his mental balance
  • If the LLP is dissolved
  • If the partner happens to be declared an insolvent or is adjusted as one

A person will remain a partner in an LLP till the time that the other partners in the same LLP are not notified in a written manner regarding her or his intention to resign.

The same also applies till a notice is provided to the Registrar to that effect.

Liabilities and rights of partners at the time of resignation or removal

In case a person is unable to continue being a partner in an LLP owing to insolvency or death she or he would be entitled to a number of benefits from that entity itself. She or he would receive an amount that happens to be equal to the capital contribution that she or he made when she or he was a partner. Such a former partner would have also a right to a share in the accumulated profits that should be adjusted for accumulated losses provided there are any at all. The date of determination in this case would be the date when the concerned person stopped being a partner in that LLP. Such a partner also has the right to transfer her or his right to share in the company’s profits and losses.     

She or he can also receive distribution that will be provided as per the LLP agreement. In case the partner has resigned or has been removed then the rights of this outgoing partner would be determined as per the provisions that have been mentioned in the LLP agreement. At the same time the former or outgoing partner will also be held responsible for the liabilities suffered by the LLP during her or his tenure. They shall continue and not be discharged under any circumstance whatsoever.

Removing an LLP partner through majority

A person cannot be forced out of her or his position as a partner in an LLP until and unless such rights are bestowed on the other partners by the LLP agreement. In that case Form 4 needs to be filed in order to eject that particular partner.

Filing LLP Form 4

In order to make sure a partner can resign, be removed, or secede from an LLP the firm needs to file the LLP Form 4. This needs to be done within a period of 30 days of the removal, cessation, or resignation of that partner.

The form needs to be signed by a designated partner and should be filed alongwith a certificate that is provided either by a practicing cost accountant or the Company Secretary or a chartered accountant. Whoever provides that certificate needs to certify the fact that the records and books of that LLP are correct and true.

Let's take a look at the process of appointing a partner in limited liability partnership (LLP)

Procedure for adding a designated partner in LLP

1. Notification of appointment of designated partner

2. Apply Digital Signature Certificate (DSC) for new designated partner

3. Apply DIN for incoming designated partner

4. Hold a meeting of all existing partners

5. Pass the resolution in the meeting

6. File the LLP Form 4 along with the amendment of LLP agreement

Adding a designated partner in an LLP

In India an LLP is governed by the rules and regulations that have been mentioned in the Limited Liability Partnership Act, 2008. There are certain steps that have to be followed in order to appoint an individual as a designated partner in an LLP. In the first step the applicant has to apply for a Digital Signature Certificate (DSC). Normally, she or he would be asked to provide the following documents along with the application:

  • PAN (Permanent Account Number) Card
  • e-mail id
  • Aadhaar Card
  • phone number
  • a photo

After this the applicant needs to apply for the DIN (Director Identification Number). Once the applicant gets her or his DSC she or he would have to use the DIN in the form DIR-3. She or he would also have to provide id and address proofs. After the proposed designated partner gets the DIN the other current partners of the LLP would call a meeting.

In this meeting they would pass a resolution whereby they would add the designated partner to the partnership deed. For this a supplementary partnership deed would have to be drafted and it is here that the name of the new partner would be added. After this the incoming partner would provide her or his consent in writing. Once these documents get ready the LLP would need to file the LLP Form 4. This needs to be done within a span of 30 days of appointing the partner. Along with this it would have to furnish the original partnership deed as well as the supplementary one.

Once all these forms have been filed the designated partner’s name would be added. It would also be visible on the official website of the Union Ministry of Corporate Affairs of India. If the LLP fails to file Form 3 and Form 4 within the stipulated period of 30 days it would have to pay an additional fee of INR 100 for each day of delay.

Conclusion

These days, it is being seen that LLP has become the company type of choice for many businesses and much of this has to do with its convenient nature as well as lack of compliances.

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Also Read:

Procedure to Add/ Remove a Director in Pvt Company

How to Shift or Change the Registered Office Address a of Company?

How to Change a Director in Private Company?

How to Change a Director in Private Company?

There are several issues may come why a director need to be fired, if a director engages in illegal activity, fraud, bankruptcy or some other wrongdoing, the company can remove or change the director for the cause.

Out of them just in below paragraph we have given a hint that can leads to change of a director and in this post you will get a brief information on legal process to add or remove a director in a company.

Every company has ups and down. If your business is always in growing position then you are performing well and this credit goes to management team and next to the director. And if it is going down gradually by mistakenly, surely many issues will come on the business and everyone’s eye will be focus to director what he is doing.

If he is not responding at all and not taking any concrete solution to business, company can take action on him/her and think about for option B, it may be replacement of that post.

So that's why, we prepared this post simple and concise to read, understand and acquired knowledge on how to change or add/remove a director in a company with respect to the company necessity.

Here we have given a real time example on this topic for better understanding and clear vision that helps you to know the logic behind it.

Scenario Based Example:

A client came to us and asks we want to change our director, so please tell us what are the legal formalities belongs to it.

As we are legal consultants, we should know the cause of replacement of director. Why they are so insisted to remove that director and what is the cause behind it? We asked the same thing to them why you want to change that director and did he made anything mistake. See what they said as their statement:

1. He got found bankruptcy

2. Not attending the office meeting

3. Not taking solid solution for company growth

3. Now he is becoming unsound mind

4. Pre-occupation in other/family business

5. Showing health issue

Just like any other legal procedure in India there are definite rules and regulations that have to be followed while changing the director or designated partner of a company. One of them is that you need proper legal papers in order to make such changes; there has to be a board resolution for the same; and the proper forms need to be filed the right way with the Registrar of Companies (ROC) in your state.

The appointment of directors

In India, directors are selected in a company by its Board of directors and in some cases the Shareholders. Their main task is to manage the company. The Companies Law of 2013 deals with this.

It states that there should be at least two directors in a private limited company and in a limited company there should be a minimum of three directors. When it comes to a limited liability partnership (LLP) there are designated partners. As per the Limited Liability Partnership Act, 2008 there should be at least two designated partners in a company. There could be several reasons as to why these companies may feel the need to appoint or remove directors.

Adding and Removing Directors

Procedure/Steps for Changing Director in a Company

Here we just simplified the procedure into certain steps to change the director of a company. I think you will be easy with this process for a quick hack and will get a brief explanation from the below steps.

Appointment of Additional Director

1. Obtain DSC (Digital Signature Certificate) for Director

2. Obtain DIN (Director Identification Number) for Director

3. Drafting of resolution for Board Meeting, letter of Appointment on issue of adding Director in a Company

4. Appointment of additional director has to be confirmed in upcoming EGM/AGM.

5. File eForm DIR-12 within 30 days from passing a Board Resolution towards Registrar of Companies certificate by Company Secretary/Chartered Accountant/Cost Accountant in practice.

6. It will be updated in the master data once we file the form.

Procedure for Removal of Director

For the removal of director in a company, the same process have to carry out as mentioned above in appointment of additional director process, but you have to leave the step.1 and step.2 which is not required at all for resigning process and you should follow the other remaining steps.

Once again we mentioned the steps below here for your better clarification and understanding

1. Removal of Director, by passing a Board Resolution.

2. File eform-DIR-12 within 30 days from passing a Board Resolution towards Registrar of Companies certificate by Company secretary/Chartered accountant/Cost accountant in practice.

3. It will be updated in the master data once we file the form.

The first thing that you need in order to add either one of the two designations being talked about over here is a digital signature.

Once you get the digital signature a director or designated partner could be added to the company. In case of a director the consent of shareholders is needed as well. As far as removing them is concerned, the first thing that needs to be ensured is that even after the removal there would be the requisite number of designated partners or directors in that company. After that the company in question needs to make sure that there is a proper resignation letter submitted with the form that needs to be filled up for the resignation to take effect.

As such the process of changing these office bearers, no matter how important they are, is not that a major one as such. In order to become the director of a company you need to be at least 18 years old and you should have a director identification number (DIN) as well. The nationality of the person is not really that important over here – she or he could be an Indian national or a foreign national as well.

Normally in order to remove a director a company needs to wait till its annual general meeting where it can pass an ordinary resolution to the effect.

However, such decisions can be taken in an extraordinary general meeting as well. You need a simple majority in order to pass the ordinary resolution to remove the director. After the resolution has been passed the company has to file the same alongwith forms that are necessary for the purpose with the union ministry of corporate affairs of India. In fact, these days, such work can even be done by chartered accountants (CAs) as well. Apart from that there are plenty of companies that are willing to provide useful services in this regard.

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Guide to Change the Registered Office as Per Companies Act 2013

Guide to Change the Registered Office as Per Companies Act 2013

When a new company is going to form throughout the course of formation, its registered office is need to be specified in a specific Form during the incorporation time and after got registration that mentioned address will remain be the registered office address for the entire lifetime of company.

At the same time others want to shift their company registered office to another location by moving forward to expand their business for facilities of better opportunities and growth. 

A company can change its registered office location to another address, as per Sub-Section (2) of Section 12 Companies Act, 2013 and Rules, 2014; for an Example, a company is registered in Bangalore location, but they want to shift to Belgaum where they don’t have a registered office address.

In this case, they have to intimate their Ministry of Corporate Affairs through Registrar of Companies in Bangalore Karnataka by filing specified forms and specified attachments like rental agreement/ lease agreement/ sale deed, utility bill, board resolution copy, etc.

The rules and regulations regarding changing the registered office according to the Companies Act 2013 are stated in Section 12 of the Companies Act 2013. Over there it is stated that a company should have a registered office at least from the 15th day of being an incorporated entity.

This is necessary so that it can receive all the notices and other communication that are addressed to it. It is also important for a company to submit verification of the registered office within 30 days of being incorporated to the ROC of companies (ROC). It also states that in case there is a change in the office’s location the ROC needs to be notified within 15 days of the change.

The company in question needs to use Form INC-22 in order to notify the ROC of companies regarding the changes. The Indian government has in Companies Rules 2014 prescribed a couple of rules – 25, 26, 27 and 28 – so that the new location of the company’s registered office can be verified properly.

Rule 27: Notice and verification of change of the situation of registered office 

Rule 27 deals with verification and notice of the change of the situation of a registered office of a company. It states that apart from having to file Form INC-22 to notify the ROC about the change within 15 days of having made the same, a certain amount of fees has to be attached to the form as well.

Sub-section (2) of Section 12 of this rule mentions the documents that have to be attached with the application as well as the manner in which it needs to be done. The documents that have to be attached should provide information regarding the office’s location at the time when it was incorporated along with any and every change in the same.

The documents that have to be provided for verifying the change in registered office address normally depend on the ownership status of the property in question. If the company itself owns the registered office it would have to provide the conveyance deed of the property in question. It is also important for the deed to be in the name of the company itself.

If the company has rented or leased the property it would have to furnish the rent agreement or lease deed. In case, it is a rented property it would have to show the rental receipts as well. It is very important that the rent receipt is not older than by a month.

If the premises have not been leased by the company and if the director or any other individual owns them the company would have to show the proof that it has the permission necessary to operate from that particular location. It could be done in the shape of a no objection certificate by the owner. It would also have to furnish copies of utility bills such as mobile phone bill, electricity bill, telephone bill, and gas bill.

It is very important that these bills are in the name of the company itself and they should also have the address that is being used by the company as its registered address.  It is also important that they are not more than two months old.

It is also important for the company to pass certain resolutions such as board resolution and special resolution in this regard. The special resolution has to be passed at a general meeting in case the registered office is being shifted to a place that is outside the local lists in that city, village, or town, where the office is located at present. The board resolution needs to be passed so that the director can be authorized to sign and then submit the Form INC-22.

3 location case may arise during the shifting of registered office address from one place to another; it can be (1) in the same city, (2) same city with different jurisdiction of ROC or (3) one state to another state.

Shifting the registered office to a local place of same city

If a company wants to shift its registered office address to another place of same city of the state; should intimate the MCA with same details by filing the eForm INC-22.

The applicant needs to apply in Form INC-22 for getting approval to change the office address of the company. Here you have to fill this form and make attachment the necessary documents through your regional ROC.

Procedure to Change the Registered Office Address of a Company within the City of a State

1. Arrange the Board of Directors Meeting to pass the resolution for changing the Registered Office

2. File e-Form INC-22 within 15 days of passing the resolution along with the following attachment

Attachment to INC-22

  1. Board Resolution
  2. Rental Agreement/Sale deed/ Lease Agreement/Property tax paid receipt
  3. Utility Bill
  4. NOC from the owner of the premises

3. Updated in the Master data; it is straight through process

Rule 28: Shifting of registered office to a different ROC within the same state

In similar way, it has the provision as per the amendment of Companies Incorporation Rules, 2014; if the company is looking to amend its registered office from the jurisdiction of one Registrar of Companies (ROC) to another in same state; first it needs to file eForm MGT-14 and then eForm INC-22 through its regional circle, in order to receive the permission to do so from the regional director (RD). After the RD allows this change to happen, it has to file with the ROC within a period of 60 days so that it can get confirmation from there as well.

Normally the ROC confirms the change within 30 days of having filed for the same.

Procedure to Change the Registered Office Address of a Company for different jurisdiction of ROC

1. Arrange the Board of Directors Meeting to pass the resolution for changing the registered office

2. Fix the Date, Place, Timing for General Meeting

3. Pass the Special Resolution in General Meeting to change registered office address

4. File the Special Resolution with ROC in E-Form MGT-14 within 30 days of change with following attachment

  1. Copy of MOA and AOA
  2. Copy of notice of AGM with explanatory statements
  3. Copy of resolution for change in Registered Office of the Company and alteration of MoA
  4. Copy of the minutes of the General Meeting containing the details regarding the number of votes cast in favor of and against the resolution.
  5. List of Creditors/ debentures holders

5. File e-Form INC-22 with the below following attachments

  1. Rental Agreement/ Sale deed/ Lease Agreement/ Property tax paid receipt
  2. Utility Bill
  3. NOC from the owner of the premises

Changing the registered office from one state to another

In case, a company wishes to shift its registered office address from one state to another state or from one jurisdiction of ROC to another.

In this context, the company has to file the following forms to make into an effect of such changes

1. Form MGT-14

2. Form INC-23: File application form with Central Government in Form No.

3. Form INC-28

4. Form INC-22

If the company wants to change its registered office to another state then it would have to change its memorandum of association (MOA) for that. The company has to pass a particular declaration in order to alter the MOA. Within 30 days of passing the resolution it would have to file the same in the Form MGT-14 with the concerned ROC. The company also needs to file Form INC-23 with the CG in order to get the approval necessary to change its registered office from one state to another.

For this it needs to attach documents such as a copy of the special resolution that sanctions the alteration – it should be passed by the company’s members; a copy of the MOA and the articles of association (AOA); a copy of the notice that conveys the general meeting with a proper descriptive statement; a copy of the minutes of the general meeting where the resolution that permitted this change was taken; a list of debenture holders and creditors; a copy of power of attorney or board resolution; and documents related to paying the application fee.

Within 60 days of making the application the central government will give its nod to the change and make it happen. However, before it does that the government will also find out if this is being done in accordance with the wishes of the debenture holders and creditors. After the Indian government provides its approval the company shall file it with the ROCs in both the states where the new and the old registered offices are. The ROC of the new office location would register the same and provide the applicant a new certificate of incorporation.

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How to Start Import Export Business in Bangalore & Its Procedure

How to Start Import Export Business in Bangalore & Its Procedure

We all know that India is heading towards the business hub where it stood amongst the top 5 countries in the world in terms of startups; so startups scenarios are increasing day by day since from 2014 and they are building the Startup Ecosystem stronger than strong. India is creating a better platform for budding entrepreneurs’ as well as nation’s growth and development.

As per NASSCOM’s report, India will be the homes of 10,500 startups by 2020, so more than 65 percent of startups are already incorporated in various cities like Bengaluru, Delhi NCR, Mumbai, Hyderabad, Ahmedabad, Chennai, Pune and Jaipur as on 2017. A creative thinker can be a part of this to go ahead of his/her career by passion and innovative thought. And apart from this, import or export business is in race with this sector.

Before you jumping towards the import export business, you should cultivate about it properly, see the horizon and go through the deep thought and think about it, really do have I the experience, skill and talent to give the new direction to my business towards the land of new opportunity? Yes, of course, I am the right person to carry out the business into my goal.

What is Import Export Code (IEC)?

Importer Exporter Code is shortly called as IEC is allotted to a person or business owner for importing goods/products into or exporting goods/products from India. It is a must required license for an every organization where those are going to start an import export business in India.

Import Export Code is a code which consists of 10 digits of alphanumerical numbers granted by the joint DGFT (Director General of Foreign Trade) office of India under the Ministry of Commerce and Industry to the authorized business entity/person/company for carrying out the import export business in Bangalore Karnataka or any cities in India or abroad. This is the first legal proof to run your business smoothly under the loving governance of legal department.

Features of Import Exports Code Registration

When you get registered your import/export business, you will get benefits from DGFT, Customs, Excise, Export Promotion Council, Foreign Trade Policy and etc. and here you can follow below the following important features and benefits of IEC (Import Export Code).

  • It is the first most document proof of a firm/ proprietor/ partnership/company for carrying the importer and exporter business certificate.
  • IEC code license is the primary document for recognition to the Government of India as an Importer/Exporter
  • It is most required to obtain IEC before running your business. Means you cannot import goods and services from India without the legal consensus.
  • A sole proprietorship can also obtain IEC code on his/ her name, but not necessary to setup a business for the same.
  • Once IEC is issued, it has valid for a lifetime. This means that, it does not need any renewal during your business period.
  • Giving a quotation for IEC is must required when you are importing or exporting goods/products in India.
  • Import Export Code (IEC) is mandatory for making international or foreign bank transfer during the business process activities.
  • No taxes for exporting goods from India and also gets various incentives on export.
  • Some cases, government even waive the import duties, if you are promised to export the goods within a limited time frame.
  • IEC code is legal and valid for all branches of your import export business.
  • IEC is not mandatory for government or personal purposes.
  • IEC certificate holder doesn't require filing any returns and compliance.

Opportunities available for export and import business in India

As such imports/ exports businesses can form an integral part of the country’s economy as well as self and organizational growth and development which would create employment facility for young talented individuals. It means that in this particular domain plenty of opportunities are waiting there at doorstep of budding entrepreneurs. Just it needs to require the innovation thinking for this sector.

However, now this world is changing rapidly and no country in this world can exist without interacting with other countries and import and export might be form an important part of said interaction. As and when you get into this business there are plenty of opportunities that you can explore.

Here you can see the top 10 import export business ideas, which can creates door for innovatives entrepreneurs

1. Electronics and Electrical Products

2. Pharmaceutical Products

3. Vehicles & Machinery Products

4. Crude and Petroleum Oil

5. Iron & Steel Products

6. Warehouse as Shipping and Receiving

7. Organic Products

8. Cotton Materials or Cotton

9. Natural or Cultured Pearls and Stones

10. Copper Made Products and many more

Looking at the online marketplaces

These days, there are plenty of online sellers such as Amazon, Alibaba, Allexpress, and DHGate to name a few. Here on these sites, as an exporter and importer, you can get listed as a vendor, and then you would be connected to buyers around the world. In this case, the internet would be playing the role of a bridge. This way, you would be exporting your products to your customers who may be thousands of km away from you. This would also open up the international markets to you.

Steps to Start an Importer or Exporter Business in Bangalore

The first step that you need to take in order to start an import export business in India is to have a proper business set up. You should ideally start a sole proprietorship and for this you can get a VAT (value added tax) registration or get registered for service tax as well. You should also have a name and a logo for your business. And after this, you need to follow the certain steps to land your business in a perfect way such as

1. Getting PAN for your business

2. Starting a Current Bank Account in the name of your business

3. Getting Import Export Code from DGFT department

4. Getting RCMC from export promotion councils

Here the steps are summarized below to start an importer or exporter business in Bangalore Karnataka or any other cities in India.

1. Getting a PAN (permanent account number) card for your business

Once you have received the abovementioned registration you should get a PAN card for your business from the income tax department. This is mandatory.

2. Starting a current account

Once you get your business registration followed by the PAN card you would have to start a current bank account. You would need to open this account at a commercial bank. It would be done solely for business purposes.

3. Getting the import export code

The next step in this regard would be to get the import export code (IEC). As far as opening an import and export business in India is concerned this happens to be one of the most important requirements. In fact, you would need the IEC in almost every case with the exception of prohibited and restricted services and goods.

In order to get the IEC you would have to apply straight away at the website of DGFT (Directorate General of Foreign Trade) wherein we explained it thoroughly below in “how to apply IEC online” para. The documents that you need to provide in order to get the IEC are your personal PAN card or the one that you are using for your company, your photograph, and a copy of a cancelled check from the current account that you are presently maintaining for your business. You should remember in this context that it is mandatory to have a PAN card in order to get this code and you will get only one code for each PAN card.

4. Getting the RCMC

Once you get the IEC you would have to get the RCMC (registration cum membership certificate). These are provided by the export promotion councils. They help you get authorized for imports and exports as well as all other kinds of benefits. India has almost 26 export promotion councils that can provide you an RCMC. Once you have got the RCMC and IEC you would be able to start your export and import business from India as well. The IEC and RCMC are accepted in all businesses and their branches across the country.

Normally, it takes around 5 to 7 days to get all the registrations out of the way.

How to Apply for Import Export (IE) Code Online in Bangalore?

To apply for import export code registration in Bangalore and getting the registration certificate; you must have to follow the online procedure and for this matter, we can help you to obtain your IEC certificate smoothly. This IEC application process is completely based on online; it depends upon your regional authorities (RA) area, from where you want to obtain your importer exporter code (IEC) number.

By applying through the proper requisite, you must have to go for online and log on to the Directorate General of Foreign Trade portal http://dgft.gov.in; which comes under the Ministry of Commerce and Industry, Government of India and ready to apply IEC online in India.

Here we explained briefly the application procedure for obtaining import export code, have a look on it and get an overall idea about IEC registration in Bangalore, Karnataka or any other cities in India and get your IEC Number from the specific joint regional directorate foreign trade department.

Now we are taking you to the online application process of IEC, when you visit the above mentioned site you can find a Menu Bar on top of the site which carries various menus for its operation. For online IEC application go to “Online Application” menu Tab, otherwise you can do it directly by going to Quick Links section both are same processes.

Below that you will find Importer Exporter Code (IEC) through which you can apply for it so rightly and see the below steps for import export code registration process.

Setp-1: Go to dgft.gov.in website; move your mouse to “Importer Exporter Code (IEC)” link, under from the Quick Links segment, then click on “Online IEC Application” for fresh application.

Step-2: When you click on the “Online IEC Application”, it is promptly landed to the “Login for IEC Online” page with displaying Enter Your PAN box.

Enter your or company PAN number and click to NEXT button. Then it will display MOBILE and EMAIL ID box in addition to your given PAN number. You have to fill that Mobile Number and Email Id box and click on GENERATE TOKEN button verifying with the captcha code.

After clicking on GENERATE TOKEN button, in same dialog box you will find “Mobile Token” and “Email Token” blank field and a message has already came to your given Mobile Number and Email ID bearing with Mobile Token and Email Token. You have to fill this two box and click on the SUBMIT button with verifying the captcha.

Step-3: After clicking on SUBMIT button, you will be directed to Importer Exporter Code (e-IEC) window and here you see the left side bar of the window and click on IEC Master and fill the Fresh IEC Application form with required data. And submit it.

Step-4: Go for side bar and click on the Branch menu that just down to IEC Master. Fill the form if you have any branches, otherwise you can leave it.

Step-5: In step five, click on Director Link from side bar and fill all the data regarding to Proprietor/ Designated Partner/ Director of the company and submit it.

Step-6: Click on Appl. Fee link from same side bar and make a payment here of Rs. 500 online.

Step-7: Click on Verify Fee link from same side bar, if your payment is done it will be verified automatically.

Step-8: Click on Attachments link and here you will have to attach Photo in GIF format, PAN card and Cancelled Cheque in PDF format.

Step-9: Click on Checklist link and it will show a list of information that you have to choose Yes or No option according to your uploaded information.

Step-10: Click on Preview link to check what information you have given here and it will display all your given data in ANF-2A form.

Step-11: In step eleven, click on Print Appl. link and take the physical copy of application; in which this will have to submit in your Regional Director General of Foreign Trade department office.  for further use

Step-12: Click on Submit (Dig. Sig) link, here you must required a Digital Signature to proof the identification of the applicant.

Step-13: Last step is Appl. Status; here you can check the progress of your IEC application status. By verifying your

Documents required for import export code registration in Bangalore Karnataka

For a smooth and continuous registration process, keep the following documents details in your hand and be ready

  • Digital Photograph of the Signatory Applicant
  • Self attested PAN card copy of the applicant (Proprietor’s or Company’s or Partnership’s PAN card in case of proprietorship or company or partnership)
  • Bank Certificate
  • Details of your bank account
  • Copy of Passport/Voter ID/Driving License/Aadhaar Card
  • In Application form your signature must be there on every page
  • Company Incorporation Certificate
  • MOA/AOA or Partnership deed

After completion of all your process you will get your IEC certificate by speed post or courier from the department of DGFT within 3 to 7 days.

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Procedures to Change the Name of Private Limited Company

Procedures to Change the Name of Private Limited Company

There are several reasons as to why the name of a private limited company could be changed. Most of the times, these names are changed because of business-related purposes. It could also be that a private limited company is attempting to rebrand with a new name or maybe it is trying to indicate that there has been a change in its management with the new name.

As it is said, Company has all in the name!

There are some reasons, companies they aspire to change their name. In many cases, they want to make the name as a big brand.

One of the measure things of a company is that after getting huge name and fame, if they think we are doing well, competing with the world brands and our name should be unique one; they can go for this. Company Names can also be changed when the aim and objects of the Company they want to change, if any name of the activity included in the name.

Here you can take a look at the examples of some big brand companies that originally had different names but changed to new one.

For example: some famous companies have also changed their original name to new distinctive one like, BackRub to Google, Brad's Drink to Pepsi, Blue Ribbon Sports to Nike, PC's Limited to DELL, Computing Tabulating Recording Corporation to IBM, Jerry's Guide to the World Wide Web to YAHOO and etc.

No matter what the objective is, a private limited company can change its name but for this at it needs, at the very least, the approval of its shareholders. Apart from that such a company also needs to get necessary permission in this regard from MCA (Ministry of Corporate Affairs). It also needs to be noted in this regard that the name change of a private limited company does not have any effect as such on its existence as a legal entity.

So before you change your company name, you need to follow the process that holds all the key points and prospects which carry out the whole process for changing the company name. Here are the following steps to lift up your spirit for name change.

1. Hold Board Meeting and Pass Board Resolution for Name Change

2. File INC-1 to MCA for Name Change Availability

3. Pass Special Resolution in EGM for Name Change and File MGT-14

4. Application to ROC for Name Changing in INC-24

5. If ROC satisfied with your application, then Registrar will issue a new Incorporation Certificate in INC-25

6. Make Changes in Company MOA and AOA

Shortly, we explained here below the name changing process of a company where you can gather the overall idea for your knowledge base.

1. Passing a board resolution

The first step that you need to take in order to change the name of your private limited company is to take a resolution regarding that effect at the board of directors’ level. For decisions such as these a board meeting has to be called so that a resolution to change the name of the company could be passed. At the same meeting a director needs to be given the necessary authority to apply to MCA. This is done to check whether the proposed new name is available or not. The same board meeting can also be used to take a decision in order to call an extraordinary general meeting, where the name of the company would be changed and alterations would be made to the MOA (memorandum of association) and AOA (articles of association).

2. Checking if the name of a company is available or not

Once a company passes a resolution whereby the proposed new name is said to be available the director, who has been authorized to do so, can apply to MCA in order to procure said name. The procedure that is followed over here is the same as the one, which is followed when a private limited company is incorporated.

This means that the new name must be decided on according to the guidelines that have been set in the naming guidelines of the Companies Act, 2013.

3. Passing a special resolution to change the name of a company

As soon as approval for the name can be procured from MCA the company needs to organize an extraordinary general meeting yet again. This needs to be done in order to pass a special resolution in order to change the name of a company. In this meeting some necessary changes also need to be made to MOA and AOA as well.

4. Application for approving the name change of a company

Once a company has passed a special resolution in order to change its name it must file an application with the Registrar of Companies whereby it seeks approval for changing its name. This application needs to be made in Form 1B and the necessary fee needs to be paid along with it as well.

5. Issuing a new certificate of incorporation

Upon being satisfied with the application for changing the name of the company the Registrar of Companies will issue a fresh certificate of incorporation. When this certificate is issued it can be said for sure that the process of name change is finally complete.

6. Making changes to the AOA and MOA

After the new certificate of incorporation has been issued steps have to be taken so that the new name could be incorporated properly in each and every copy of MOA and AOA.

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