ROC Compliances Archives | V J M & Associates LLP (Chartered Accountant)

ROC Compliances

Why Should You Register a Limited Liability Partnership?
Blog
CA. Kavit Vijay

Why Should You Register a Limited Liability Partnership?

If you have to ask experts: Why are LLPs becoming the choice of business operations for startup enthusiasts? The answer will include various reasons such as low formation cost, lesser compliance and restrictions, and, most importantly, greater flexible options that only a Limited Liability Partnership offers.  1. What is a Limited Liability Partnership? Partnership firm is a simplified form of business and it is least organised as it is governed by terms and conditions mutually agreed in partnership deed. However, Limited or Private Limited Company are related complicated as it is governed by provisions of Companies Act, 2013 and also

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Benefits of Registering a Business in India
Blog
CA. Kapil Mittal

Benefits of Registering a Business in India

In the last decades, India has been contemplated as a remunerative market for doing business. The magnitude of a foreign investment indicates a promising future of an Indian economy. This assures there are more than one benefits of registering a Business in India. India is one of the most powerful countries in boosting up the global trade that leads to an increasing number of international business interests determined to invest in the market of India.  Here in this guide, we have mentioned some of the benefits foreign entities can have by starting their business in India.  Scroll through to get

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Mandatory RoC Compliance for Private Limited Companies
Blog
CA. Kavit Vijay

Mandatory RoC Compliance for Private Limited Companies

In India, when it comes to startup, most of the business entities opt for Private Limited Company formation. The Ministry of Corporate Affairs (MCA) governs the Private Limited Companies in India as per the Companies Act 2013. As MCA suggests, you need to fulfill certain secretarial compliance or RoC compliances within a specific due date to eschew penalties. Wondering what the ROC compliances you need to go through while forming your startup are? Well, you don’t need to worry anymore! Here we are going to share the following details with you, What does RoC compliance mean? Essential RoC compliance for

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LLP Settlement Scheme
Blog
CA. Kavit Vijay

LLP Settlement Scheme, 2020 | Waiver of Additional Fee for defaulting LLPs

Limited Liability Partnerships (“LLP”) has become a preferred choice over a period of time; Due to benefit of limited liability given alongwith flexibility of organising internal structure as a partnership firm based on mutual arrived agreement.  However, alike companies, LLPs are also required by Limited Liability partnership Act, 2008 (“LLP Act”) to file various information and documents with the Registrar of Companies on a timely basis and non-compliance of same may attract heavy penalty and prosecution against defaulting persons. 1. Existing Non-compliances by LLPs Government found large default in compliance by LLPs such as default in filing of: Form-3- Filing

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Change in Share holding to be intimated to ROC
Blog
CA. Kavit Vijay

Companies to Report any change in share holding to ROC with in 30 days in FORM BEN 1 and BEN 2

Shareholders are owners of the company as they invest money into company and are interested in financial position of the company. Companies Act, 2013 specifies multiple decisions which are to be taken by members in Annual General Meeting (“AGM”) or Extra-ordinary general (“EGM”) meeting either through special resolution or ordinary resolution or any other specified manner. If majority of shares are held by any person or particular group of persons then such person or group of persons will become deciding authority by using its majority shareholding. Accordingly, recently Ministry of Corporate affairs has prescribed new reporting requirement for shareholders having

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Registered Office of Company | Form INC-22
Company Law
CA. Kavit Vijay

Registered Office of Company | Form INC-22

Registered office of the company is that place which is used by Registrar of Company (“RoC”) or any other person for the purpose of communicating with the company. Accordingly, Section 12(1) of the Companies Act, 2013 (“The Act”) has mandated that every company must have a registered office which is capable of receiving and acknowledging all the communications and notices addressed to it. A company may not have any such place instantly at the time of incorporation, therefore, section 12 permits that a company may have registered office within 30 days of its incorporation and will have it for all

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Resignation of Auditor | Intimation to ROC | ADT-3 E Form
Company Law
CA. Kavit Vijay

Resignation of Auditor | Intimation to ROC | ADT-3 E Form

Registrar of Companies (“RoC”) is the public body which maintains all information about the companies. Information about resignation of Auditor is one of the crucial information as Auditor is an independent qualified professional who reports about correctness of financial statements of the company to its stakeholders. Therefore, Companies Act, 2013 (“The Act”) contains various provisions which requires company to file intimation with RoC related to auditor. Following forms are required to be file by company about auditor: ADT-1: Information to the Registrar by Company for appointment of Auditor ADT-2: Application for removal of auditor(s) from his/their office before expiry of

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Appointment of Director | DIR 12 E FORM
Company Law
CA. Kavit Vijay

Information about appointment or Removal of Director | DIR 12

Director is a person, appointed by members of the company, for carrying out operations in the company. Directors are those individuals who are held responsible for all the actions taken by company. In case of any non-compliance, Penal provisions of Companies Act, 2013 (“The Act”) now levy penalty on officers in default also alongwith defaulting company. Certain penal provisions even specifies punishment of imprisonment for officers in default alongwith monetary penalty. Therefore, Registrar of Company (“RoC”) maintains updated records of every director of the company, i.e., their appointment, removal, resignation, their personal details (KYC) etc. e-Form DIR-12 is filed with

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Director Resignation DIR 11 E form
Company Law
CA. Kavit Vijay

Resignation of Director | DIR-11 | DIR – 12

A Director is part of a collective body of Directors called the Board, responsible for the superintendence, control and direction of the affairs of the Company. Meaning thereby, director is a person who is responsible to carry out operations in the company and perform all other related activities. Every director is allotted with a unique number called as Director’s Identification Number (“DIN”) under Companies Act, 2013 (“The Act”). Registrar of Company (“RoC”) keeps details of all the directors of company including their appointment, change in information related to them and their resignation. 1. Resignation by Director (Section 168 of the

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E-Form PAS-3 | Return of allotment of shares/securities
Company Law
CA. Kavit Vijay

E-Form PAS-3 | Return of allotment of shares/securities

Share capital is that part of share which comes from allotment of shares, i.e., investment made by any person in the company through subscribing shares of such company. Companies Act, 2013 (“The Act”) requires company to inform by filling PAS 2 E Form about allotment of share to the Registrar of Company (“RoC”). Provisions related to allotment of securities to public and private group and provisions of reporting related to allotment of shares is given u/s 39 and 42 of the Act read with Rule 12 and 14 of Companies (Prospectus and Allotment of Securities) Rules, 2014 (“The Rules”). 1.

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