When a company or LLP operates, there may come lots of situations wherein specific reporting to the various Government Departments are required. For eg: resignation of a director or designated partner, increase of authorized capital, re-issue and re-allotment of shares, transfer of shares, change of registered office, etc. Often businesses are not aware of these reporting formalities and fail to comply with the same. Consequently, they have to bear with undue penalties and additional fees. Taxmantra’s “Amend Your Business” service brings across the entire gamut of such services at the most effective cost in the industry.
The above activities are termed as “Event Based Compliances”. Since these do not have any pre-determined frequency or timing of occurrence, hence these are termed as occasional or “Event Based Compliances”.
The following services can be categorized as Event Based Compliances:
Registered office of the company is nothing but the place of business through which the company gets registered in a particular state. All official letters and reminders are sent to this address from MCA, Income Tax or any other Government Department.
No. An Indian company cannot have its registered office in any other country. That defeats the entire purpose of forming an Indian company. In case you want to shift your base to US, you can operate either by opening a Branch of the Indian company in US or by setting up a subsidiary over there.
There is no hard and fast rule that a company has to operate through a commercial space. You can very well start the business through your residential house only.
It depends upon the nature of change, namely:
The RoC should be intimated within 30 days of such change.
You can definitely add one or more directors in the company at any point of time.However, make sure that the necessary filings are done with the RoC. As long as the current director’s details are not reflected in the MCA,
It depends. If the new proposed director of your company already has a DIN number, he does not need to apply for a new DIN. However, if he does not possess a valid DIN as on the date of his appointment, he has to apply for a new DIN.
Following are the processes which are involved in appointment of a Director:
First of all,have a quick check. How many directors are there in your company in total? Any private limited company should have a minimum of two (2) directors at any point of time.Hence,if there are only two directors in the company and one of them wishes to resign, you first of all have to appoint a new director and then execute the process of resignation.
Yes, you very much have to. Whether a Director is appointed or resigned from his office,the RoC has to be intimated of this fact by way of filing of Form DIR 12.
Yes.A resigning director has to intimate the RoC about his resignation by filing Form DIR 11. Though this may seem an additional requirement, however, this is meant to safe guard the Director in case company fails to comply with the filing norms.
There can be various reasons for alteration of main objects of the company.The company might intend to venture into new avenues of business.Further, as per the Companies Act,2013, a company can conduct only those businesses which are included in the Main Objects segment of the business. Prior to the commencement of this Act, the companies were free to carry on the businesses as mentioned in their “Other Objects” alongwith the Main Objects of their Company.Now, this flexibility is no longer there. Hence if you are doing any major business which is not included in your Main Objects of MoA, then it is time to alter the same.
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