You have incorporated the First Private Limited Company? Make sure you examine these requirements.
Notification of Registered Office details to ROC: Once you have incorporated your business the most important step is to inform your registered office address for the company the ROC through filing form INC-22 in the first 30 days of the date of incorporation. However, if the information of your registered office is listed in the Form SPICe INC-32 at the time of incorporation this form isn't required to be filed.
First compliances for a new private limited company
Corporate Stationery: Post incorporation into your business the following requirements are to be adhered to for all stationery items:
Name Boards: Companies must apply or paint the name of the business and the address of its registered office at the entrance of each office or other location where it conducts business. The name board should include the name of the business, the company's identification number, registered Office address, phone number and email address, Fax number and website address in the event that it is listed in the.
Invoices and Letterheads Share Certificates, etc.--: All the information mentioned in the first paragraph are obligatory to appear on invoices of the company as well as on letterheads, every document (official) and all communications through the company.
Registers Registers There are some official registers that must be kept by companies with their registered offices like: * Register of Members (MGT 1)
* Registration of Debenture holders Register and Index of Beneficial Owner (MGT-2)
* The Foreign Register for Debenture holders, Members and other security owners or beneficial owners living beyond India (MGT-3)
* Register of Duplicate and Renewed share certificate (Form SH-2)
• Register for Sweat Equity Shares (Form SH-3)
The Register of Stock Options for Employees (Form SH-6)
* Register of Securities or Shares Purchased Return Register of Directors as well as KMPs Deposit Register (Form SH-10)
* Registration Of Charges (Form CHG-7)
* Register of Loans/Guarantee/Security and Acquisition by Company (Form MBP-2)
* Register of Investments not held in its own name (Form MBP-3)
* Registry of Contracts and arrangements that Directors are interested in (Form MBP-4).
These registers should be maintained and regularly updated at the office of the registered company.
Common Seal / Company Seal: Every business must be able to have its common seal or corporate seal created and located at the corporate registered office. The documents that are signed under the common seal need to be signed by the signatories in accordance with the requirements within the Articles of Association.
First Board Meeting: The company must hold their first Board meeting within the 30th day of incorporation. A seven-day advance notice is required by any Director to schedule the meeting of the board. The following agendas should be considered at the First board meeting:
1. Take note of the Declaration of Incorporation
2. Note the appointment of directors' first
3. Note the disclosure of interest of Directors in the form MBP-1
4. Note its registered address of Company.
5. To nominate the first auditors to the Company.
6. In order to adopt for adoption the Common seal for the Company.
7. To determine the financial Year of the Company.
8. Allocation of equity shares as well as the issue of certificate of shares.
9. To authorize reimbursement for preliminary expenses.
10. Other items in the event of a conflict, with the approval of the Chair
Appointment of the Auditor: After incorporation of a corporation and before it can be incorporated, its Board of Directors of the company is required to choose the initial Auditor of the Company and the company's Chartered Accountant within 30 days after incorporation (post having passed the resolution at the first meeting of the board). If that the Board of Directors fails to nominate an Auditor, the members of the Company must be informed which will then be able to choose an Auditor within 90 days after the incorporation of the business. The Auditor who is appointed to the Company will be in place until the end at the beginning of its first general assembly and will be eligible for re-appointment after the expiration of their tenure in office.
The opening process for a bank Account: After incorporation, the company the first step is opening the accounts at the bank of the company in order to accept the share capital amount as well as make transactions for the company. The most important documents to create a bank account include:
1. Copy of the MOA/AOA that is self-attested.
2. Board Resolution on the opening of account
3. List of authorized signatory in accordance with the Board Resolution
4. Address Evidence of Registered Office (self-attested)
5. PAN Copy of the Company (self-attested)
Issuance of Share Certificate: There are no timeframes pre-determined to pay for the subscribed capital. However the provisions of Section 10(2) of the Companies Act 2013 envisage that the entire amount due by a subscriber to the company in accordance with the memorandum of agreement or the articles will be a debt owed by an individual subscriber towards the company . in accordance with Section 56(4) of the Companies Act 2013 provides that the company will give Share Certificates subscribers of Memorandum within two (two) months after the date of incorporation.
So, make sure that the Share subscription funds are accepted prior to the issue of Share certificates using appropriate banking channels.
Start of Business Certificate: Every company with share capital is required to seek the approval for the commencement of business certificate via declaration in Form INC-20A after receipt of the payment from subscribers of MOA via the appropriate banking channels. The declaration must be submitted within 180 days of day of incorporation.
Each entrepreneur is equipped with their technical abilities and a creative mindset, but during this process they may not want to take time off for the financial and regulatory aspects of running a business.
We will pitch in and serve as a virtual CFO for startups to manage the whole regulatory and financial aspects.
Entrecap Business Services is an organisation comprising of tax, accounts and corporate compliance professionals. We provide support to entrepreneurs and businessmen to start/register their business and simplify their compliance.
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