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Showing posts from August, 2022

Is it better to have 1 owner or 2 owners for an LLC?

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There are one person companies and private limited companies where 2 or more members are mandatory both of which are legal forms of business. However, in case of one person companies, there are several restrictions with respect to the share transfer, external investments etc. A normal private limited company is more flexible in terms of ownership and share transfers. Anyways whether to go for one person company or private limited company is based on personal preferences. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

(1) What is OPC Registration? (2) Can a company secretary (CS) do a business of his own?

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(1) What is OPC Registration? OPC Registration otherwise the one person company registration is the process by which an one person company is incorporated. One Person Company is the company form of business with only one member. (2) Can a company secretary (CS) do a business of his own? Yes. A company secretary can do business/ practice on his own. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

What is meant by ‘DP nominee’ body corporate in LLP (limited liability partnership)?

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  As per the companies act, 2013, a company/ body corporate can become a partner in an LLP.  In that case when a company is a designated partner in an LLP, the company needs to appoint a person as on behalf of the company as the authorised representative in the LLP who is called the DP nominee. For Company Registration in Kerala and Business Registration in Kerala , visit parpella.com

What is presumptive taxation under the Income Tax Act?

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Presumptive taxation is a method of offering the profits on a presumptive basis rather than the actual basis. Under presumptive taxation, you can offer a specific percentage or fixed amount as income despite offering the actual income. For example if your Sales is 1 crore, you may offer 6% of the sales that is Rs.6 lakhs and pay tax based on that instead of offering the actual profits which may be higher say 30 lakhs.  Certain conditions are applicable for one to be eligible to opt for presumptive taxation which are detailed in sections 44 AD, 44 ADA and 44 AE. For Company Registration in Kerala and Business Registration in Kerala , visit parpella.com

Can a private holding company parent a public company?

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Even if a public company is held by a private company, its status is still a public company and not a private company. A classic example for this is the Tata Group. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

How long does it take to register a company?

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A company can be registered even in 5 days. However, the average duration of registering the company considering the normal delay in document collection, vetting and uploading typically ranges between 2 to 3 weeks. For Company Registration in Kerala and  Business Registration in Kerala , visit https://www.parpella.com

What happens if you ignore a tax audit?

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If you are liable to tax audit but not complying to it purposefully, penalty upto Rs.100,000 can be imposed. Further, the AO can be behind you with his series of notices and can waste your time, energy, money and peace of mind. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

How do I find out the GST compliance rating of a vendor?

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As of now, the GST compliance rating has not been introduced it’s still in the planning stage. However, you can get the details of GST filing by your vendor by visiting the link “services.gst.gov.in/services/searchtp” give the GSTIN and clicking show filing table in the inside window For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

What is the procedure for registration under GST?

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GST Registration can be obtained by logging into www.gst.gov.in first a temporary registration will be allotted based on the PAN, mobile, and email id with which you may create an account. After that, you need to fill in the details, attach the supporting documents and submit the application. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

(1) Being an NRI, can I buy shares in India? (2) Should I trademark my upcoming business name?

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(1) Being an NRI, can I buy shares in India? Yes. An NRI can buy shares in India. However, he/ she needs to open a demat account and an account with the broker. (2) Should I trademark my upcoming business name? The decision to go for trademarking depends upon the visibility of your business. If you’re planning to start your business in a large scale with intense marketing, better to do trademark first and register the business later. On the other hand if your business takes off slowly, better to register the business first and the trademark later. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

How can I register a Pvt. Ltd. company in India?

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Registration of Pvt limited company is a 3 step process and the entire registration process is regulated through the ministry of corporate affairs. The steps involved are as follows. 1. Name application The name application is moved with proposed name and objects of the company. The name should not be identical with an already existing company/LLP/trademark. Once the name meets its eligibility criteria, MCA approves the name application ideally within 2 working days. 2. DSC Registration The next step or the simultaneous step side by side with the name application is DSC registration in which the digital signature shall be created. The digital signature shall be obtained with copy of PAN card and aadhar card. 3. Incorporation Forms filing. Once these two steps are completed, the incorporation forms including MOA, AOA and agile forms shall be submitted to the MCA with the identity proof and address proof of directors and shareholders. When the incorporation form is approved, the company...

Is private limited company director is classified as employee or self employed?

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The director is a whole-time director or managing director, he is classified as an employee of the company where as the independent directors/ non executive directors are not employees of the company. In any case the directors are not considered as self employed. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

How do I remove/replace a shareholder in a private limited company without commencement of business and a bank account in India?

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It is not possible to transfer the shares before depositing the paid-up capital in the bank account and filing INC 20 A. The first shareholders/ subscribers are those mentioned in the MOA and AOA of a company and by default, the shares are allotted to the first subscribers/ shareholders. Hence, the first subscribers are required to deposit the paid-up capital in the bank account of the company and file INC 20 A for any further transactions to take place. The shareholders can be removed or replaced only through share transfer and share transfer can be done only after depositing the paid up capital in the bank account and filing INC 20A. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

What are the benefits of converting a private limited company to OPC?

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The major benefit of converting a PLC to OPC is that being a small company as per the provisions of Companies Act, there will be comparatively lesser compliances and increased flexibility. The decision to go for trademarking depends upon the visibility of your business. If you’re planning to start your business in a large scale with intense marketing, better to do trademark first and register the business later. On the other hand if your business takes off slowly, better to register the business first and the trademark later. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

How do you remove a director from a private limited company?

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A company can remove its director by passing an ordinary resolution unless he was appointed by the Central Government or the Tribunal. The steps involved in removing a director are as follows. 1. Convene a board meeting by giving 7 days notice with the agenda of removing the director. 2. In the board meeting, a resolution to convene the extra ordinary general meeting and the resolution to remove the director need to be passed. 3. 21 days notice is to be given to convene the general meeting and in the general meeting, the shareholders can cast their votes. If the majority is in favour of the decision, the resolution will be passed. 4. Forms DIR 11 and DIR 12 shall be filed with the board resolution and ordinary resolution as attachments. 5. Once the forms are filed, the name of directors shall be struck off from the master data by MCA. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com

Which is better, OPC or private limited?

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Both have their own pros and cons and the decision depends on the situation. If you’re too particular about starting your company on your own and you’re confident that you don’t need any external financial assistance or partners in future, you can opt for OPC. However there are several restrictions for an OPC. You won’t be able to accommodate another person into the company is the first issue. Moreover, there are restrictions on transferring the shares to another person. The efforts and costs involved in incorporating an OPC are similar to that of a private limited company. An OPC requires a nominee to be appointed at the time of incorporation itself to take over the company in the event of death of the original shareholder. An alternate arrangement for OPC is to float a private limited company with 2 shareholders where one holds a significant portion say more than 90% and the other holding the remaining portion. In this manner you can get rid of the the restrictions to an OPC. For Co...

Can an unlimited liability company be registered as a Section 8 company?

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No. Only a limited company can apply for Section 8 company license. A Section 8 Company registration typically costs between 15000 to 75000 in India. The cost varies based on several factors such as the location of registered office, number of members in the company and from consultant to consultant. When online platforms focus on volume business and provide the service at the lower limit of 15000, experienced professionals such as chartered accountants and company secretaries charge upto 75000 and more. Normally the service/ package includes name application, Digital Signature, MOA and AOA preparation, PAN, TAN, ESI and EPF registration. The documents required include the PAN, Aadhar, ID Proof, Address Proof, Declaration and projected financial statements giving details of income and expenditure for next 3 years. For Company Registration in Kerala and  Business Registration in Kerala , visit https://www.parpella.com

How do I convert OPC in PVT Limited after 1 month of OPC registration?

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Conversion of an OPC into a private limited company is permitted only after two years from the date of incorporation. However, if the paid-up share capital exceeds rupees 50 lakhs or if its average turnovers exceed INR 2 crores within two months, the OPC could convert into a private limited company by passing the special resolution, obtaining NOC from creditors and filing form INC 5. For Company Registration in Kerala and Business Registration in Kerala , visit https://www.parpella.com