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Showing posts from June, 2018

ANNUAL RETURN UNDER COMPANIES ACT 2013

All types of company, whether having share capital or mandatorily required to file the annual return. Annual return shall contain the particulars as they stood on the close of the finacial year and not on the date of the Annual General Meeting. Signing of Annual return : Annual return is required to be signed by one director along with company secretary and where there is no company secretary by a company secretary in whole time practice. In relation to one person company and small company , the annual return shall be signed by the company secretary or where there is no company secretary, by the director of the company. Certification : In case of the listed company ( irrespective of paid up share capital or turnover) or by a company having paid up share capital of 10 crore rupees or more or turnover of 50 crore rupees or more, the annual return shall be certified by a company secretary in practice and certificate shall be in Form MGT 8. Thus, certification of annual

IS GOVERNMENT COMPANY A GOVERNMENT?

Government company is not a government, as a company from under the Companies Act had an identity of its own. property of government company is not the property of the government. employees of government company are not Government employees. However, as per article 12 of the constitution, the term state includes the government and Parliament of India and the government and the Legislature of each of the states and all local or other authorities within the territory of India or under the control of Government of India.  it is true that the government company is under control of the government. hence, Supreme Court has held that a government company is a state under article 12 of the constitution of India

CAN COMPANY ENTER INTO PARTNERSHIP?

    Yes. A company can enter into a partnership with other  person or company, only if there is some power in its Memorandum  of Association or Articles of Association.  [Circular No. 1-81-CL    V].

HOW TO REGISTER PRIVATE LIMITED COMPANY IN INDIA?

1 . Now an application for reservation of Name can be filed by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32). 2.  After getting the name approved, file  [1] form SPICe+ :  INC-32(Incorporation application). Once the SPICe+ is filled, the same then would have to be converted into pdf format, with just click of a mouse button, for affixing DSC. ATTACHMENTS : 1. MOA and AOA, only in case of Section 8 companies or, any of the first subscribers are based outside India or total subscribers are more than SEVEN. 2.Registered office address proof (Electricity Bill Copy | Telephone Bill), Rent agreement, NOC from the landlord. 3. Copy of Certificate of Incorporation in case subscriber to The proposed company is Foreign Body Corporate. 4. Shareholders Id proof:  Voter Id | PAN card | Adhar Copy 5. Shareholders Address proof: e.g.  Bank Statement (Not older than 2 months) 6. Directors Id proof. 7. Dir