Public Company Registration | Bangalore Consulting Company

 Public Company Registration | Consultbcc

It is the type of entity chosen in case of those companies intending to issue securities through Initial Public Offer (IPO) and raise funds from public. It is most transparent form of business and it mandates every key disclosure. It is an ideal mode for acceptance of Foreign Direct Investment (FDI)

Only Public Limited Companies can accept Deposits from public under Companies Act, 2013.

Time duration:14-20 working days.

Documents required for registration

1. PAN of all proposed directors and shareholders
2. Address Proof of all proposed directors and shareholders (Voter ID/Passport/Driving License/Aadhar)
3. Passport size photographs of all proposed directors and shareholders – 3 Nos
4. Registered Office Address Proof- Electricity bill and Rental Agreement/ownership proof (Property Tax Paid Receipt of the latest period)
5. Copy of Mobile bill, telephone bill, electricity bill or bank statement of all proposed directors and shareholders with the present address

Steps involved for registration

1. Incorporation documents
2. Digital Signature Certificate
3. DIN- Director Identification Number
4. Incorporation form
5. Certificate of Registration
6. Commencement certificate
7. PAN & TAN

Compliances for Private Limited

1. GST Registration.
2. Filing Income Tax Return of Company on or Before 30th September every year.
3. To maintain proper Books of Accounts.
4. To Maintain Minutes Book and all statutory registers
5. To comply with SS-1 and SS-2
6. Filing of form MGT-7, Form AOC-4/AOC-4 XBRL every Year& ADT-1.
7. No intimation required to be given to ROC in case of First Auditors. Form ADT 1 to be filed within 15 days of 1st AGM of the Company

NOTE

1. Limit on Number of Directors (Minimum 3, Maximum 15)
2. Limit on No of Promoters / Share Holders (Minimum 7, Maximum No limit)
3. Minimum One Director Should be Resident in India
4. PAN is Not Required in case of Foreign Residents

LLP Agreement Stamp Duty | Consultbcc(Bangalore Consulting Company)

LLP Agreement Stamp Duty | Consultbcc

Filing of LLP Agreement with the Ministry of Corporate Affairs is the most important step in the registration of LLP. Once the LLP incorporation certificate is issued, the LLP Agreement has to be filed within 30 days. Failure to file the LLP Agreement attracts a penalty of Rs.100 per day until the date of filing.

LLP Agreement

The LLP Agreement must be duly signed by all the parties and printed on non-judicial stamp paper and notarized. The value of the stamp paper depends upon the state of incorporation of the respective state and the amount of capital contributed from the partners.

Stamp Duty on LLP Agreement

Stamp Duty payable on the LLP Agreement is different from state to state and is determined as per the State Stamp Act. The stamp duty payable on partnership agreement in view of the Finance Bill, 2009 is applicable in case of LLP. The rates are as below;

State/Capital Contribution & Stamp Duty	Less Than Rs. 1 Lakh	Rs. 1 Lakh to Rs. 5 Lakh	Rs. 5 Lakh to Rs. 10 Lakh	Rs. 10 Lakh & Above
Andhra Pradesh	500	500	500	500
Arunachal Pradesh	100	100	100	100
Assam	100	100	100	100
Bihar	2500	5000	5000	5000
Chhattisgarh	2000	2000-5000	5000	5000
Goa	150	150	150	150
Gujarat	1000	2000-5000	6000-10000	10000
Haryana	1000	1000	1000	1000
Himachal Pradesh	100	100	100	100
Jammu Kashmir	100	100	100	100
Jharkhand	2500	5000	5000	5000
Karnataka	2500	2000	2000	2000
Kerala	5000	5000	5000	5000
Madhya Pradesh	2000	2000-5000	5000	5000
Maharashtra	1000	2000-5000	5000	5000
Manipur	100	100	100	100
Meghalaya	100	100	100	100
Mizoram	100	100	100	100
Nagaland	100	100	100	100
New Delhi	1000	2000-5000	5000	5000
Orissa	200	200	200	200
Punjab	1000	1000	1000	1000
Rajasthan	500	500	500	500
Sikkim	100	100	100	100
Tamil Nadu	300	300	300	300
Tripura	100	100	100	100
Uttar Pradesh	750	750	750	750
Uttarakhand	750	750	750	750
West Bengal	150	150	150	150
Dadra and Nagar Haveli	1000	2000-5000	6000-10000	10000
Daman and Diu	150	150	150	150

COMPANY UNDER STRIKE OFF STATUS? | Consultbcc(Bangalore Consulting Company)

COMPANY UNDER STRIKE OFF STATUS? | Consultbcc|| 

Process of filing an application with NCLT for restoration of Company under Strike Off status;

As per provisions of Section 252(3) of the Companies Act, 2013,read with rule 87A of National Company Law Tribunal (Amendment) Rules, 2017, the following persons can file an application in NCLT for restoration/revival of name of Company in the records of the ROC;

1. Company
2. Shareholder
3. Creditors
4. Workmen

STEP 1 – Preparation of Petition: (Rule 87A (1))

The petition under Section 252(3) for the restoration of name of struck Company shall be filed with the Tribunal (NCLT).  The petition shall be filed in Form No. NCLT-9.

STEP 2 – Submission of Petition with ROC: (Rule 87A(2))

A copy of the application shall be served to the Registrar of Companies and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing of the application.

STEP 3 – List of Documents Attach with application in NCLT-9:-

The list of documents required to be filed with NCLT while filing application.

a)Document and/or other evidence in support of the statement made in the application or appeal or petition;

b)Affidavit verifying the petition;

c)Evidence regarding payment of fee;

d)Memorandum of appearance with copy of the Board Resolution or the vakalatnama, as the case may be;

e)Any other documents in support of the case.

STEP 4: Hearing by Tribunal: (Rule 87A(3))

Tribunal shall hear the Petitioner and Respondent (ROC). It will also take note of the observations/objections, if any, received.

After hearing Both the Parties, if it is satisfied, it can order the restoration of name of company in the record of the ROC.

STEP 5: directions by Tribunal (Rule 87A(4))

Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-

a)The appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order;

b)On such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;

c)The appellant or applicant do pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and

d)The company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made there under within such time as may be directed by the Tribunal.

STEP 6 – FILING OF ORDER WITH ROC

The Company shall file the copy of order with Registrar of Companies with in period of 30 days from the date of the order.

STEP 7 – PUBLICATION OF ORDER IN GAZETTE

The Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette.

STEP 8 – PENDING FILING BY COMPANY

The company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013.