Activities to Be Performed after Incorporation Of Company

If you have recently incorporated your private limited company or under the process of incorporation then you must get yourself familiar to the new provisions of Companies act 2013.

The most important things that every promoter or director of a newly incorporated private limited company should know after getting certificate of incorporation or before getting into the process of incorporation.

Checking Company’s Master Data after Incorporation

Certificate of incorporation for a private limited company is the last step in the process of incorporation. Once you received the certificate of incorporation, it means, all legal formalities required for company registration are completed in India.

At Gapeseed Consulting, we have legal consultants like chartered accountants and Company Secratories who help us in the process of company incorporation and do all such things that are required to complete the registration process.

Now the question is how to cross check to know that the company is incorporated with correct details like authorized share capital, registered office, category, CIN, paid-up share capital, status and date of incorporation etc.

These are the most important thing that every company should keep it right.

We suggest you to check these details in company’s master data by visitingthe website of Ministry Of Corporate Affairs after getting certificate of incorporation.

If you find any changes or incorrect details then immediately inform to your chartered accountant or Company Secretary to take necessary actions for its correction.

You need to check following things in company’s master data;

Authorized share capital
Paid up share capital
Registered office address
Status i.e. Active or Inactive
Date of incorporation

File E-Form INC22 For Situation Of Registered Office

Situation of registered office has to be intimated within 30 days from the date of incorporation to the registrar of companies. This can also be filed at the time of incorporation along with other e-forms if registered office of the company is going to be the director’s residence or owned house.

If it’s not filed at the time of incorporation then within 30 days from the date of incorporation, then it is a Non-Compliance u/s 22 of the Companies Act,2013

As per section 12 of Companies act 2013, a company shall, on and from the 15th day of its incorporation and all times thereafter shall have a registered office. This means the company should enter into a rent or lease agreement within 15 days from the date of incorporation and within 30 days from the date of registration should file INC-22 with ROC.

Display Company’s Identity And Other Details

After incorporation, it’s the duty of the company to display following things outside the company’s registered office;

Name of the company
Registered office address of the company
Corporate identity number or CIN
Telephone number, email ID
Website address and fax number if any

These details are also required to be printed in all business letters, bill-heads and in all other official publications.

Putting CIN or corporate identity number in all official publications is a new requirement in Companies act 2013. This provision was not there in old Companies act 1956.

In case of failure to quote CIN number, penalty of Rs. 1,000 per day shall be imposed on the defaulting company and on every officer in default for every day during which such default continues up to a maximum limit of Rs. 1,00,000.

If company has changed its name in last two years then it shall paint or affix or print, as the case may be, along with its name, the former name or names so changed in all official publication including letter head and bill-heads.

Appointment Of Company Auditor

As per section 139(6) of Companies Act 2013, company has to appoint its first auditor within 30 days from the date of incorporation in a board meeting. If board of directors are not able to appoint then it has to be appointed within 90 days in a general meeting of members.

First auditor as appointed is required to hold office till the conclusion of first annual general meeting. Companies Act 2013 does not require any form to be filed with ROC but this is a requirement of law and it has to be complied within time.

Open A Bank Account And Issue Shares To Subscribers

Companies Act 2013 requires the company to allot and deliver share certificates within 2 monthsfrom the date of incorporation to all subscribers of MOA. It’s also mentioned that each subscriber will deposit subscription money as specified in MOA to company’s bank account by cheque or through net banking.

We suggest to open a bank account with the help of MOA, AOA and certificate of incorporation and then takecheque from each subscriber and deposit it in company’s bank account.

File Audit Report, Financial Statements And Annual Report Before Due Date

A private limited company is required to file its balance sheet, profit and loss account, auditor’s report and annual return every financial year before the due date with the registrar of companies. Non compliance to this provision will attract additional fee in addition to the normal fee that are charged while filing the e-Form.

Now you know mandatory things that promoter or directors of a private limited company should remember after incorporation of a private limited company. In case of any doubt or clarification please contact us by using our comment form.

For more information about Activities to Be Performed after Incorporation Of Company, feel free to reach us on, info@gapeseedconsulting.com or call +91-9599444639/+91-9599444630

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Online Tax Filing ,
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Procedures and Documentation For Startups,
Payroll Services for Startups.

One Person Company and its Incorporation

ONE PERSON COMPANY

One Person Company (OPC) is a form of business entity that is owned and managed by a single entrepreneur. This concept was introduced in India through the Companies Act, 2013 supporting entrepreneurs who are capable of starting a venture by creating a single person economic entity. A One Person Company is also a separate legal entity from its members just like a Private Limited Company or a Limited Liability Company. In this type of business entity, only one person is required who can be the Director and as well as the shareholder of the company. This venture of One Person Company is still in its emerging stages which makes it much more difficult for entrepreneurs to adopt, it is mainly suitable for people starting an unregistered Proprietorship. The entrepreneur can set up their company without sharing their profits as One Person Company does not need a middleman to target the markets.

Features of One Person Company (OPC)

One Shareholder

One Person Company is a business entity which is owned and managed by a single person. The Company Incorporation Rule states that only a resident and also a citizen of India can form a One Person Company. The entrepreneur hold all the shares of the company as it has only one member. The people who are Foreign citizens and are Non-Resident citizens cannot indulge in the formation of a One Person Company. A shareholder can only have shares in a single One Person Company and not in various companies.

Director

A One Person Company can be managed by a Single Person. In this type of business entity, the Sole Shareholder can become the Sole Director of the business. A One Person Company can have a maximum number of 15 directors even if it may be having a Sole Shareholder.

Nominee

This states that the Shareholder of the company has to nominate a person who in the event of death or inability to continue the work in the company will come forward to take the charge of the One Person Company. The present shareholder will issue a written consent in the name of the nominee, the nominee must also be a resident and a citizen of Indian. The person nominated must not have any other One Person Company under control.

Incorporation of a One Person Company (OPC) in India

A One person Company can be incorporated as per the procedure explained below :

Director Identification Number (DIN) & Digital Signature Certificate (DSC)

A person intending to become a director of a company requires a unique identification number which is issued by the Ministry of Corporate Affairs. This number then is used to record the details of the director of the company. The Digital Signature Certificate is the digitalised version of all the paper certificates. This certificate can be used to prove the director’s identity, access information and sign documents digitally. Certain documents are required for DIR-3 application:

1. Identity Proof: A copy of PAN card is mandatory whereas a copy of the Driver’s license is optional.

2. Address Proof: A copy of the Passport / Election ID / AADHAR card / Driver’s License is sufficient.

3. Passport Size photo

4. Mobile Number

5. Education Qualification

6. Verification signed by the applicant.

Company Name Availability

The name of the company must not be pre-existing, applicants must first search for any existing Trademark and then decide on the company’s name. The Promoter of the company have to provide at least 6 names in the order of their preference to the Registrar of Companies for name availability.

Memorandum of Association (MOA) & Articles of Association (AOA)

When the name of the company has been approved by the Registrar of Companies then the Subscriber have to draft a MOA & AOA specifying their Names, Address, Occupation and the sign the subscription pages of the Memorandum and Articles of Association formed.

The Memorandum of Association is a document regarding the main objectives as well as the secondary objectives of a company. It covers all the necessary fundamental provisions of the company’s constitution.

Articles of Association is a contract based on mutual understanding between the company and its members defining their rights and duties.

Filing E-Forms with Registrar of Companies

After the drafting of Memorandum of Association and Articles of Association, an application has to be sent to the Registrar of Companies regarding the incorporation of the company. This Application must contain all the necessary documents of the Company and its Directors.

Verification of Documents

The company must pay the desired fees to the Registrar of Companies and must get Stamp Duty to get the documents verified.

Issue of Certificate of Incorporation

When all the documents are verified and duly approved by the Registrar of Companies, a digitalised ‘Certificate of Incorporation’ is mailed to the Directors of the company. Once the Incorporation Certificate is received, company can start with its operations.

Post Incorporation

After the Incorporation of a One Person company some necessary formalities are required immediately, such formalities are:

 Opening a Current Bank account in the name of the Company

 The Company must apply for the Shop Act License

 The Shareholder must be issued a Share certificate by the Company

 The subscription money must be payed through the Current Bank account

of the Company

BENEFITS

1. A One Person Company is a separate business entity and have Limited liability to its members.

2. This type of Company helps an entrepreneur to establish its own business without depending upon a second person.

3. A Legal Auditor is not required in this business unlike any other business enterprise.

4. A One Person Company being a separate legal entity can own property in the Company’s name and the shareholder cannot make any claim upon the property.

For more information on Incorporation, feel free to reach us on, info@gapeseedconsulting.com or call +91-9599444639/+91-9599444630

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E-FORM INC-32

EVERYTHING ABOUT E-FORM INC-32

The Ministry of Corporate Affairs has introduced E – Form INC-32 under SPICe (Simplified Proforma for Incorporating Company Electronically) scheme vide MCA’s notification dated 01/10/2016 notifying Companies fourth amendment Rules,2016. This is a very significant initiative for technological advancement. The basic aim is to simplify the incorporation of a company by filling up an e-form INC-32.

EarlierMCA had come with the integrated process of incorporation by filing E-form INC-29. This was a major reform brought by MCA for incorporation of a company which required filing of only one E-form i.e. INC-29 as against the 5 forms filed earlier. As the entire process is in single form, correct filing would mean approval in 48 hours.

For further simplification, MCA has facilitated the process of incorporation by introducing SPICe E-form INC-32 which provides the same facilities as were provided in Form INC-29 with facilitating the process by introducing filing of Memorandum and Article of Association electronically. As against the earlier process, it has the potential to save lots of time and energy, if properly implemented. However, further clarification with regard to incorporation under SPICe is to be provided by Ministry of Corporate Affairs.

THE FORM CAN BE FILED EVEN AFTER INC-1
As against the facility provided by the e-form INC-29, e-form INC 32 has the facility to fill the form of incorporation of a company even after filing for the INC-1. That is, even if you’ve already filed the INC-1, you can apply for the name of the company INC-32.

IN DEPTH INFORMATION AS COMPARED TO INC-29
The five purposes for company registration, which are application for DIN allotment, reservation of name, incorporation and even PAN and TAN, are fulfilled by both INC-32 and INC-29, but INC-32 has in depth information as compared to INC-29 with an additional introduction of filing of MOA and AOA of the company electronically.

ELECTRONIC FILING OF MOA AND AOA
Now under SPICe, Memorandum and Articles of Association should be filed electronically, simplifying the whole process. In E-form INC-33 a copy paste of the objects of the company has to be done and in E-Form INC-34 a choice has to be made amongst the pre-drafted clauses of Articles of Association.
This has made the task of drafting Memorandum and Article of Association much easier for professionals.

DIGITAL SIGNATURES OF SUBSCRIBERS AND WITNESS
With the introduction of the new electronic Memorandum and Article of Association of the company, there is no need of signatures of subscribers and witness. Only the digital signatures of subscribers and witness on the E-Form INC-33 and E-form INC-34 would be enough for the specific purpose!

SHORTCOMINGS OF INC 32

Obtaining digital signatures is a costly affair.
The maximum limit for initial subscribers is 7, exceeding to which, the normal procedure of incorporation must be followed.
One single name can be proposed in the form as there is no provision for entering multiple names.

Further to this if you seek any further clarity, feel free to write to us on, info@gapeseedconsulting.com or you can also call us at +91-9599444639.

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PROCEDURES and DOCUMENTATION FOR STARTUPS

Now that you have an understanding about the launch procedure and also in ascertaining the best
suitable option for your start-up idea. This post will help you understand the procedure for Formation/Registration/Incorporation of Private and Public Company in India. Also Detailed Documents required for the same can be found here.

Whether you are just starting a business or incorporating a business already in existence, it is helpful to know and understand the formation and ongoing requirements each state places on corporations and limited liability companies. Incorporation / Formation of company involve a number of steps. We have tried to simplify the procedure to the maximum extent possible in the following steps

Step 1: Digital Signature

The basic step to company incorporation is to get DSC made of all directors. The Information
Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in
electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents. To know the names of Certification Agency (CA) from where DSC can be acquired refer to our Free Guide.

Step 2: Acquire Director Identification Number

INCOME TAX PAN IS MANDATORY, so before applying of DIN a person must have his PAN number.
Details on PAN and DIN must be same. Step by step process to be followed by the applicant can be found in our resource section.

Step 3: Register DSC

Third step is to register DSC of the person authorized to sign E-forms on MCA21 or if you want us to do it for you drop us a line here.

Step 4: Apply for Reservation of Name [S.4(4)]

As per section 4(4) of Companies Act, 2013 read with rule 9 of Companies Incorporation Rules, 2014, application is to be made to registrar for reservation of name. 6 names can be proposed after checking its availability at MCA21 and as per guidelines given in the said rules and the procedures & documents required to be attached to INC – 1 are also available in the resource section.

Step 5: Drafting and Printing of Memorandum and Articles of Association

A public company limited by shares may adopt all or any of the regulations contained in model
articles of association registered along with its memorandum of association. The memorandum and articles shall be in conformity with the provisions of Section 4 and 5 of the Companies Act 2013. Read more here.

Step 6: Filing of Company Incorporation form – eform INC 7, DIR 12 & INC 22

As per Rule-12 of Companies (Incorporation) Rules, 2014, application for incorporation of a private and Public company, with the Registrar, within whose jurisdiction the registered office of the company is proposed to be situated, shall be filed in Form no. INC 7 [Rule 12 to 18] along with Form no. INC.22 for situation of registered office of the Company, (as the case selected in form no. INC 7) and DIR -12. There is a list of documents to be filled for Filing of company incorporation form get in touch with us to know it all.

Step 7: Filing of Commencement of Business – eform INC 21

On registration, a company cannot commence business or exercise any borrowing powers until it
files a declaration by directors in Form INC – 21 to the effect that every subscriber to the
memorandum has paid the value of the shares agreed to be taken by them as specified in section
1(1)(a).

E-form INC.21 is required to be filed with concerned Registrar of Companies for obtaining approval for commencement of Business and exercise of borrowing powers. This E-form is required to be filed by all companies incorporated under Companies Act 2013.

To know about the Procedure for commencement of Business under Companies Act, 2013 check out
our resources.

We hope that this post helped in understanding the procedures and documentations requirement
for your start-up. In case if you have any query about our startup series or services that we offer, please send in an email to info@gapeseedconsulting.com

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Gapeseed’s Accounting Services for Small Businesses

Small businesses often face the challenge of growing their business and having to cope with rising costs. It takes a lot of effort to run a small business successfully wherein the time, resource and energy must be optimally used. It is also crucial to ensure proper accounting practices for any particular business, regardless of its industry. Once considered to be done by huge companies, now-a-days accounting is a fundamental necessity for any business, be it small or big.

Apart from handling business challenges, financial challenges can become too great to handle without expert help. Reasons could be many – May be the company’s accounting software isn’t providing the type of data required to grow the business, one may be facing trouble while switching from cash to accrual accounting, may be someone wants to better the financial function of the business. Whatever the reasons are, for complete solutions you can certainly rely on Gapeseed’s Accounting Services.

What is special with Gapeseed’s Services?

Our primary goal is to make accounting hassle free for our small business and start-up clients. Our expertise as accounting professionals has helped hundreds of small business clients to achieve their financial goals and we work hard to help all of our clients succeed. We offer a full range of accounting services and create custom accounting solutions if need be for businesses based on the specific accounting needs. Our solutions help our clients save time and money, so they can utilize those resources on other aspects of your business. And not just bookkeeping, payroll or auditing services, depending on a particular need, we even work towards achieving financial goals for our clients and their business.

4 reasons to consider Gapeseed’s Accounting Services for Small Businesses:

Pace up productivityAccounting is a task that requires long hours and accuracy on the job. If you opt for hiring a small business accountant in-house, it might add an additional cost burden. Whereas if you hire Gapeseed, we will not only provide expert accounting but we are always willing to put in the extra hours to increase productivity and efficiency of businesses which are small & settling up.
Keep your books clean & up to dateMaintaining an accurate book of accounts is important to any small business as it necessary to keep a check on the expenses and cash inflow. And you need expertise in order to maintain an error-free bookkeeping operation. Our accounts clean up services include tallying account items with actual expenses and inflows, classifying items in the correct category and removing any dead transactions. With such a systematic record keeping like ours, you can not only maintain accuracy but lessen your burden during the financial year end and tax seasons.
Keep your books in safe handsBookkeeping in small businesses is often seen as chore that must be given good amount of time and importance in order to stay in business. Gapeseed can relieve you of this chore by taking up all the painstaking work of maintaining your bookkeeping operations. Right from maintenance of ledgers to reconciliation of accounts to preparing cash flow statements, we will handle them all.
Grow your small business with usMany entrepreneurs who start their own small businesses start out by wearing the accountant’s hat. With simple bookkeeping software coming handy, one might even keep a good track of business’ finance. But when the business starts growing, it no longer appears to be an easy task. It totally makes sense to hand over responsibilities for taxes, accounting, and the rest of the financial functions to specialists. Gapeseed can help your business not only with tax returns but with long term tax planning, business planning, networking, and even personal tax planning.

If four reasons aren’t good enough and if you want more, you can visit us to get the details of Gapeseed’s Accounting Services for small businesses or call us on +91-9599444639 | 9599444630. We at Gapeseed are purposed to empower our clients through our services as strategic growth partners.

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Outsourced Accounting Services

Outsourced Accounting Services: Turn on the key systems to enhance the growth of your business.

Whether you deal in manufacturing goods or own a chain of hotels, whether you specialize in fashion retail or any other business, your company has to find a way to manage its systems.And by systems we mean, the two most important ones – technology and accounting. You can’t stop moving forward and expect your business to move ahead. In order to see progress in its growth, you will have to keep your system updated. Relying on outdated technology and accounting system can impact your business’ bottom line. Does outsourcing accounting functions or technology consultation make sense for your business? The answer can be confusing but not when you know the advantages of hiring an outside company to manage your needs!

Advantages of Outsourced Accounting Services

Economic Savings

A major advantage associated with outsourced accounting services is the cost-effectiveness of the services. When you outsource, not only can you match the work hours/amount of projects to your needs, but also you can avoid employee expenses like insurance, payroll taxes, unemployment taxes, etc. You can save on providing a work space or system to the employee. A huge amount can also be saved up on operational costs and channelized towards the funding of core business processes.

Specialized Services

When you hire a service provider you can be confident enough that they will offer you nothing but specialized services. With perfect resources for handling projects methodically, they indeed become an integral part of your business. Also, with the growing competition, any service provider constantly hones their skills to keep up with the industry, thereby increasing the quality of the services. This means when you hire one of the providers, you can trust that your accounting will be handled well.

Accomplish Accuracy

Outsourcing accounting services can be quite beneficial when it comes to generating accurate results. This, in turn, ensures better management of back office functions. The accuracy in fact helps to control any possible fraud within or outside the organization. The service providers are accountable for every transaction processing as well as quality and accuracy control.

Advantages of Outsourced Accounting Services

Improve Efficiency

Technology has grown to an all-encompassing status within nearly every industry. Consumers have adopted an always-connected lifestyle and businesses have kept up with demand by becoming connected as well. It’s this connection between businesses and their customers which drives modern consumerism and those with upgraded technology can maintain this connection strongly. With proper services from providers, this continually advancing technology can be harnessed to push your business ahead of those who don’t utilize it effectively.
End-to-end solution

Choosing business or accounting software isn’t any easy and different business have different needs. Whatever your needs may be, expert from the industry can easily help you with the accounting and the technology experience, making it easy for you to choose, install and maintain your company’s software. From start to finish, the consultants can help you determine which services you need to optimize the performance of your technology systems, whether you need assistance with installing accounting software and training your staff or turn-key programming and custom networking solutions.

Time Saving

Think of the weekly hours it will take to manage in installing software—taking away from the time you can spend on business and relationship building activities more directly aligned with the growth of the company. Outsourced Accounting services improve this need of time optimization. You don’t have to deal with all the complexity involved with technological systems because that’s what the service provider will handle. That means you get time to focus on business & revenues that matters the most.

So, if you have understood the significance and benefits of outsourced accounting services for technology and business accounting, it’s time you get in touch with us. Gapeseed Consulting offers a full range of services designed to keep your critical business systems working for you. Our certified information technology and finance consultants can help you determine which services you need to optimize the performance of your technology or accounting systems, whether you need assistance with installing accounting software or custom networking solutions among other services. Irrespective of the industry, we offer personalized services based on the requirements of our clients.

Whether you are seeking a partner/an associate for Outsourcing Accounting Services or you want to update the existing accounting system by bringing in technological know how , get in touch with us.

Get in touch with us now at info@gapeseedconsulting.com or call up: +91-9599444630/9 to know more.

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