Blog

Blog Articles

Auditor not to Render Certain Services

Article on provisions restricted Auditors of the Company to render Certain Services

 

Section 144 of the Companies Act, 2013 - Auditor not to Render Certain Services

Service of Auditors shall not include:-

(a) accounting and book keeping services;

(b) internal audit;

(c) design and implementation of any financial information system;

(d) actuarial services;

(e) investment advisory services;

(f) investment banking services;

(g) rendering of outsourced financial services;

(h) management services; and

(i) any other kind of services as may be prescribed: (No such services are prescribed yet)

 

Explanation.—For the purposes of this sub-section, the term “directly or indirectly” shall include rendering of services by the auditor,—

  • in case of auditor being an individual,

    • either himself or
    • through his relative or
    • any other person connected or associated with such individual or
    • through any other entity,

whatsoever, in which such individual has significant influence or control, or whose name or trade mark or brand is used by such individual;

  • in case of auditor being a firm,

    • either itself or
    • through any of its partners or
    • through its parent, subsidiary or associate entity or
    • through any other entity,

whatsoever, in which the firm or any partner of the firm has significant influence or control, or whose name or trade mark or brand is used by the firm or any of its partners

Services to be considered as Management Services

The non-audit services are those services which are primarily the responsibility of the management itself and has no threaded connection with audit and assurance services.

 

Management Consultancy Services:

In the opinion of the Council of ICAI, the “other services” that may be rendered by a chartered accountant as described in Section 2(2)(iv) will include the entire range of management consultancy services, as described below:

(i) financial management planning and financial policy determination;

(ii) capital structure planning;

(iii) working capital management;

(iv) preparation of project reports and feasibility studies;

(v) preparing cash budgets and other budgets, cash flow statements, profitability statements etc.;

(vi) inventory management, price fixation and other management decision making;

(vii) personnel recruitment and selection;

(viii) management and operational audit;

(ix) advise regarding mergers and amalgamations;

(x) systems analysis and computer related services;

(xi) acting as advisor or consultant to an issue, including matters such as:

  • drafting of prospectus and memorandum containing salient features of prospectus
  • drafting and filing of listing agreement and completing formalities with Stock Exchanges, ROC and SEBI;
  • preparation of publicity budget;
  • advice regarding selection of various agencies connected with issue such as Registrars to Issue, printers and advertising agencies;
  • advice on post issue activities;

(xii) investment counselling in respect of securities as defined in SCRA, 1956 and other financial instruments;

(xiii) acting as Registrar to an Issue and for transfer of shares/other securities;

(xiv) quality audit, environment audit, energy audit;

(xv) acting as Recovery Consultant in the Banking sector;

(xvi) insurance financial advisory services under IRDA, 1999, including insurance brokerage.

It is to be noted that the activities of brokering, underwriting and portfolio management are not permitted.

 

FAQs

  1. Permitted Services or services not covered under 144(h) of the Companies Act, 2013

  • Filing VAT/ Service Tax Returns,
  • Filing IT/ TDS Returns,
  • Filing ROC forms which are not to be certified by any professional,
  • Issuing opinions on Tax, FEMA or other issues etc.

are not fall under the definition of Section 144(h) of the Act.

 

  1. Can a chartered accountant be a Director of a Company

Yes, a chartered accountant can be a director of a company (Not being managing director or a whole time director), unless he or any of his partners is interested in such company as an auditor.

 

  1. Penalty for contravention of Section 144 of Companies Act, 2013

Fine on Auditor – Rs. 25,000/-  to Rs. 5, 00, 000/- or 4 times of remuneration whichever is less.

 

If an auditor has contravened such provisions knowingly or wilfully with the intention to deceive the company or its shareholders or creditors or tax authorities – Imprisonment which may extend to 1 year and Fine of Rs. 25,000/- to Rs. 25,00,000/- or eight times of remuneration whichever is less.

Posted on: April 26, 2019   Author: Taxhint Team Read More
Appointment of Director

Appointment of Director

Section 152 – Appointment of Directors

Types of Director

  1. First Director – Individuals whose name is mentioned in the subscriber to the Memorandum.
  2. Additional Director – Individual who fails to get appointed as Director in General Meeting.
  3. Alternate Director – Other director can be appointed to act as an alternate director for a director during his absence for a period of not less than three months from India.
  4. Nominee Director - A director nominated by any financial institution in provisions of any law for the time being in force, or of any agreement, or by the Government, or any other person to represent its interest.
  5. Whole-time Director - includes a director in the whole-time employment of the Company.
  6. Managing Director – A director who, by virtue of the articles, or by agreement or by resolution passed in general meeting, or by Board of Directors, is entrusted with substantial powers of management of the affairs of the Company and includes a director occupying the position of MD
  7. Independent Director – Section 149(5)

An independent director in relation to a company, means a director other than a managing director or a whole-time director or a nominee director,—

(a) who, in the opinion of the Board, is a person of integrity and possesses relevant expertise and experience;

(b) (i) who is or was not a promoter of the company or its holding, subsidiary or associate company;

(ii) who is not related to promoters or directors in the company, its holding, subsidiary or associate company;

(c) who has or had no pecuniary relationship, other than remuneration as such director or having transaction not exceeding ten per cent. of his total income or such amount as may be prescribed, with the company, its holding, subsidiary or associate company, or their promoters, or directors, during the two immediately preceding financial years or during the current financial year;

(d) none of whose relatives—

(i) is holding any security of or interest in the company, its holding, subsidiary or associate company during the two immediately preceding financial years or during the current financial year:

Provided that the relative may hold security or interest in the company of face value not exceeding fifty lakh rupees or two per cent. of the paid-up capital of the company, its holding, subsidiary or associate company or such higher sum as may be prescribed;

(ii) is indebted to the company, its holding, subsidiary or associate company or their promoters, or directors, in excess of such amount as may be prescribed during the two immediately preceding financial years or during the current financial year;

(iii) has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, its holding, subsidiary or associate company or their promoters, or directors of such holding company, for such amount as may be prescribed during the two immediately preceding financial years or during the current financial year; or

(iv) has any other pecuniary transaction or relationship with the company, or its subsidiary, or its holding or associate company amounting to two per cent. or more of its gross turnover or total income singly or in combination with the transactions referred to in sub-clause (i), (ii) or (iii);

(e) who, neither himself nor any of his relatives—

(i) holds or has held the position of a key managerial personnel or is or has been employee of the company or its holding, subsidiary or associate company in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed;

Provided that in case of a relative who is an employee, the restriction under this clause shall not apply for his employment during preceding three financial years.

(ii) is or has been an employee or proprietor or a partner, in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed, of—

(A) a firm of auditors or company secretaries in practice or cost auditors of the company or its holding, subsidiary or associate company; or

(B) any legal or a consulting firm that has or had any transaction with the company, its holding, subsidiary or associate company amounting to ten per cent. or more of the gross turnover of such firm;

(iii) holds together with his relatives two per cent. or more of the total voting power of the company; or

(iv) is a Chief Executive or director, by whatever name called, of any nonprofit organisation that receives twenty-five per cent. or more of its receipts from the company, any of its promoters, directors or its holding, subsidiary or associate company or that holds two per cent. or more of the total voting power of the company; or

(f) who possesses such other qualifications as may be prescribed.

[An independent director shall possess appropriate skills, experience and knowledge in one or more fields of finance, law, management, sales, marketing, administration, research, corporate governance, technical operations or other disciplines related to the company’s business.]

Procedure for Appointment of Additional Director/ Alternate Director/ Nominee Director

  1. Check whether Articles (AOA) of the Company contain power/authorization to appoint Additional Director read with Section 161(1) of the Companies Act, 2013.
  2. Second Check whether such person have DIN No. or Not.
  3. Consent in writing to act as Director in Form DIR-2
  4. Identity and Residence Proofs of Director
  5. Intimation by Director in form DIR-8
  6. Disclosure of Interest in Form MBP-1
  7. Call the Board Meeting.
  8. Pass Resolution for appointment of Additional Director.
  9. Issue Letter of Appointment.
  10. File e-form DIR-12 Along with Consent + Letter of Appointment

Additional Director is appointed till AGM of company. If company wants to appoint him as director then regularize the person as director in General Meeting by Share holder Resolution. File form DIR-12 for Change in Designation of Director along with ordinary resolution.

Procedure for Appointment of Director in General Meeting as per Section 152

  1. Call the Board Meeting for convening General Meeting (EGM/AGM) for appointment of Director.
  2. 21 clear days notice shall be given to shareholders, in other case shorter consent received from the members of the company if the AGM/EGM is held a shorter notice.
  3. Notice of AGM/EGM, Explanatory statement shall be given along with the Notice of AGM/EGM.
  4. Intimation by Director in form DIR-8
  5. Disclosure of Interest in Form MBP-1
  6. Identity and Residence Proofs of Director
  7. Convening AGM/EGM and pass the resolution for appointment of Director.

Mandatory Forms to be filed with MCA

  1. DIR-12 within 30 days of Appointment.
  2. DIR-11 may be filed by Directors individually

Note:-  Filing of DIR-11 is not manadatory. It is a volutary requirement.

ROC Fees

Normal Fees: Rs.200/- to Rs.600/-

Additional Fees: Upto 12 times of ROC Fees

Penalty – For Company & Officer in Default: Rs. 50,000/- to Rs. 5,00,000/-

 

 

Frequently asked Questions

  1. Whether AOA of the Company shall contain the powers to appoint a Director?

Yes, if AOA is silent about the appointment of Directors then the Company shall first amend the AOA.

  1. Can an Individual become a director without obtaining DIN?

No, to obtain DIN is a mandatory pre-requisite for appointment of Director.

  1. of Directors in Private or Public Company?

Private Company – Minimum 2 Directors Maximum 15 Directors

Public Company – Minimum 3 Directors Maximum 15 Directors

OPC – Minimum 1 Director Maximum 15 Directors

In case number shall be increased from 15 then same can be done after passing Special Resolution.

  1. Can all the Directors in a Company be Foreigner?

No, atleast 1 director shall be resident of India (stays in India for atleast 182 days during financial year). In case of newly incorporated company the requirement of 182 days shall apply proportionately at the end of the financial year.

  1. Maximum Number of Directorships in Company.

Maximum 20 Companies at the same time.

Maximum 10 public companies out of 20 companies.

  1. Qualification of Director

As per Companies Act, 2013 there is no as such qualification for Appointment of Director. He/ She must attain an age of 18 years and shall have ID proof and Address Proof.

  1. What is the permissible managerial remuneration payable under the Companies Act 2013

Total managerial remuneration payable by a public company, to its directors, managing director and whole-time director and its manager in respect of any financial year:

Condition

Max Remuneration in any financial year

Company with one Managing director/whole time director/manager

5% of the net profits of the company

Company with more than one Managing director/whole time director/manager

10% of the net profits of the company

Overall Limit on Managerial Remuneration

11% of the net profits of the company

Remuneration payable to directors who are neither managing directors nor whole-time directors

For directors who are neither managing director or whole-time directors

1% of the net profits of the company if there is a managing director/whole time director

If there is a director who is neither a Managing director/whole time director

3% of the net profits of the company if there is no managing director/whole time director

 

  1. Can a Private Company pay any amount of remuneration to its Managerial Persons?

Yes, there is no ceiling limit for payment of remuneration to its Managerial Person.

  1. Which Companies are required to have independent Directors?

Every listed Company shall have atleast 1/3 of total number of Directors as Independent Directors.

 

The following class or classes of companies shall have at least two directors as independent directors -

(i) the Public Companies having paid up share capital of ten crore rupees or more; or

(ii) the Public Companies having turnover of one hundred crore rupees or more; or

(iii) the Public Companies which have, in aggregate, outstanding loans, debentures and deposits, exceeding fifty crore rupees:

  1. Which Companies are required to have atleast One Woman Director?

(i) every listed company;

(ii) every other public company having -

(a) paid–up share capital of one hundred crore rupees or more; or

(b) turnover of three hundred crore rupees or more:

Provided that a company, which has been incorporated under the Act and is covered under provisions of second proviso to sub-section (1) of section 149 shall comply with such provisions within a period of six months from the date of its incorporation:

Provided further that any intermittent vacancy of a woman director shall be filled-up by the Board at the earliest but not later than immediate next Board meeting or three months from the date of such vacancy whichever is later.

Explanation.- For the purposes of this rule, it is hereby clarified that the paid up share capital or turnover, as the case may be, as on the last date of latest audited financial statements shall be taken into account.

  1. Manner of Appointment of Independent

The appointment of independent director(s) of the Company shall be approved at the meeting of Shareholders. Refer Schedule IV of Companies Act, 2013.

  1. Is it mandatory to indicate DIN with reference to Director?

Yes, as per Section 158 of the Companies Act, 2013 – It is mandatory to mention DIN in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.

  1. Are Directors eligible for Salary?

A company may pay a sitting fee to a director for attending meetings of the Board or committees thereof, such sum as may be decided by the Board of directors thereof which shall not exceed one lakh rupees per meeting of the Board or committee thereof.

Provided that for Independent Directors and Women Directors, the sitting fee shall not be less than the sitting fee payable to other directors.

 

 Case Studies

 

  1. When there is only 1 director remaining on the Board.

 

 Section 174(2) provides if the number of directors falls below the quorum then the continuing directors:

  • may appoint a director in the meeting for increasing the number of directors to that fixed for the quorum or
  • Summon a general meeting of the company to appoint a director and for no other purpose.

Clause 69 of Table F: provides that if the number of directors falls below the quorum fixed by the Act, the remaining directors can, for increasing the number of directors to that fixed quorum, summon a General Meeting of the Company.

 

  1. When all the directors of a company resign from the Board.

Section 168(3) the promoter or the Central Government in promoter’s absence, shall appoint the required number of directors who shall hold office till the directors can be appointed in the general meeting.

  1. A director allotted DIN in March 2019 can be appointed w.e.f. January 2019.

No a director cannot be appointed from retrospective effect before allotting DIN.

 

 

Posted on: April 26, 2019   Author: Taxhint Team Read More
Revival of Strike Off Company

Revival of Company

A company dissolved under Section 248 of the Companies Act, 2013 can be restored in the Register of Companies (ROC) by an order of the National Company Law Tribunal (NCLT).

Section 252 of the Companies Act, 2013

Who can file an Application?

  • The Company, Member or Creditor or even a Workman can make an application to revive the Company.
  • Such an application must be made before the expiry of 20 years from the publication in the Official Gazette of the notice of the striking-off.

Process of Filing of Application under NCLT

The petition under Section 252(3) shall be filed with the NCLT in Form No. NCLT-9.

Documents to be Filed

  1. Affidavit verifying application; Form No. NCLT 6. (notarised on a stamp paper of 10 rupees)
  2. Payment receipt of Rs. 2,500.
  3. Copy of Notice as issued by the concerned ROC for striking off of the Company.
  4. Copy of Board Resolution for restoration of Name, Authorization in favour of any director and appointment of Professional to appear on behalf of the Company.
  5. Certificate of Incorporation, Memorandum and Article of Association of the company.
  6. Memorandum of appearance with copy of the Board Resolution or the Vakalatnama.NCLT -12 (notarised on a stamp paper Rs. 20/-)
  7. Master data of the company procured form MCA portal
  8. Latest audited financials.
  9. Proof of service of application on ROC.
  10. Master data of the company procured form MCA portal;
  11. Any other documents like ITR, VAT, GST return, bank statement or other documents which can prove that company was operational.
  12. Any other documents in support of the case

The petition has to be filed in 3 copies in NCLT.

Serving the Copy of Petition to ROC:
A copy of the same shall be served on the Registrar of Companies via Registered Post and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing of the application. Also Form GNL 2.

Hearing: The Tribunal shall hear the Petitioner and Respondent i.e. ROC and take note of the observations/objections, if any, received.

After hearing, the Tribunal may pass appropriate order i.e. either restore the name of the company or dismiss the application, as it deems fit.

The Tribunal will restore the company if it is satisfied with a valid reason for non-compliance of the requirements by the said company failing which it will not restore a company at any given point of time.

Order: Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-

  1. a) the appellant shall deliver a certified copy of the said order to the ROC within 30 days from the date of the order;
  2. b) on such delivery, the ROC would, in his official name and seal, publish the order in the Official Gazette;
  3. c) the appellant would pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and
  4. d) the company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made there under. ?

Filing of Copy of Order with ROC: The Company shall file the copy of order with ROC within 30 days from the date of the order under Form INC 28.

Publication in Official Gazette: The ROC shall, in his official name and seal, publish the order in the Official Gazette.

Filing of Documents: The Company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and Rules thereunder.

Posted on: May 15, 2019   Author: Taxhint Team Read More
Digital Signature Form

Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safescrypt, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Class 2 Digital Signature Form


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download

Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download


Income Tax Digital Signature Form


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Income Tax Digital Signature Individual Forms Download Download Download
Income Tax Digital Signature Organization Forms Download Download Download


MCA/ROC Digital Signature Form


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
MCA/RoC Digital Signature Individual Forms Download Download Download
MCA/RoC Digital Signature Organization Forms Download Download Download


EPFO (Provident Fund) Digital Signature Form


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
EPFO (Provident Fund) Digital Signature Individual Forms Download Download Download
EPFO (Provident Fund) Digital Signature Organization Forms Download Download Download


E-Tendering Digital Signature Form


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 E-tendering Digital Signature Form Download Download Download
Class 3 E-tendering Digital Signature Form Download Download Download


Trademark / Patent Filing Digital Signature Form


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Trademark / Patent Filing Digital Signature Individual Forms Download Download Download
Trademark / Patent Filing Digital Signature Organization Forms Download Download Download

Class 2 Foreign Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Foreign Individual Download Download Download
Class 2 Encrypt Foreign Individual Download Download Download
Class 2 Sign & Encrypt Foreign Individual Download Download Download
Class 2 Sign Foreign Organization Download Download Download
Class 2 Encrypt Foreign Organization Download Download Download
Class 2 Sign & Encrypt Foreign Organization Download Download Download


Class 3 Foreign Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Foreign Individual Download Download Download
Class 3 Encrypt Foreign Individual Download Download Download
Class 3 Sign & Encrypt Foreign Individual Download Download Download
Class 3 Sign Foreign Organization Download Download Download
Class 3 Encrypt Foreign Organization Download Download Download
Class 3 Sign & Encrypt Foreign Organization Download Download Download

Posted on: May 24, 2019   Author: Taxhint Team Read More
Digital Signature Renewal

Why Does a Renewal of DSC be important?


A DSC has its limits. One of them is that it has an expiry date like any other things. An expired DSC has no benefits at all. When you applied for a DSC of any class you have to choose for a time limit of its validity which is 1,2 or 3 years. After that time limit, the DSC will become expired. Hence you cannot sign any documents with it or take any projects from the government. Using an expired DSC is also a crime and will be punishable hardly by law. Therefore you renew your Digital Signature Certificate after expiry date so that you can avoid any penalties.


Digital Signature Renewal Process


Choose the type of DSC Required


Submission of DSC Application form with CA


Attach all documents required with the form


Get DSC


Cost of Renewal Class 2 Digital Signature 

  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 1000 Buy Now - 1 year -2000 Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -1000 Buy Now - 2 year -2000 Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -1500 Buy Now - 3 year -2500 Buy Now


Cost of Renewal Class 3 Digital Signature 

  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year- 2000 Buy Now 1 year - 2000 Buy Now 1 year - 3000 Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000 Buy Now 2 year -3000 Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500 Buy Now 3 year -4000 Buy Now


Cost of Renewal DGFT Digital Signature 

  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -

Document Required for Renewal Class 2 Digital Signature

Sign Encrypt Sign & Encrypt
  • Government
PAN Card,Aadhar Card,Photos - KYC* and Bank Statement
  • Organisation
PAN Card,Aadhar Card,Photos KYC* Organisation Document KYC* Organisation Document
  • Individuals
PAN Card,Aadhar Card,Photos KYC* Organisation Document KYC* and Bank Statement
  • Document Signer
PAN Card,Aadhar Card,Photos - -
  • IET(DGFT)
PAN Card,Aadhar Card,Photos KYC* Organisation Document KYC* and Bank Statement
  • Foreign Individual
- - -
  • Foreign Organisation
- - -

Document Required for Renewal Class 3 Digital Signature

Sign Encrypt Sign & Encrypt
  • Government
PAN Card,Aadhar Card,Photos - KYC* and Bank Statement
  • Organisation
PAN Card,Aadhar Card,Photos KYC* Organisation Document KYC* Organisation Document
  • Individuals
PAN Card,Aadhar Card,Photos KYC* and Bank Statement KYC* and Bank Statement/ITR
  • Document Signer
PAN Card,Aadhar Card,Photos KYC* and Bank Statement KYC* and Bank Statement/ITR
  • IET(DGFT)
PAN Card,Aadhar Card,Photos KYC* and Bank Statement KYC* and Bank Statement/ITR
  • Foreign Individual
- - -
  • Foreign Organisation
- - -


Document Required for Renewal DGFT Digital Signature

 Sign  Encrypt Sign & Encrypt
  • Government
PAN Card,Aadhar Card,Photos - -
  • Organisation
PAN Card,Aadhar Card,Photos - -
  • Individuals
PAN Card,Aadhar Card,Photos - -
  • Document Signer
PAN Card,Aadhar Card,Photos - -
  • IET(DGFT)
PAN Card,Aadhar Card,Photos - -
  • Foreign Individual
- - -
  • Foreign Organisation
- - -

Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download

Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Posted on: May 24, 2019   Author: Taxhint Team Read More
Document Requried For Digital Signature Certificate

What is Digital Signature and documents required for digital signature?

A Digital Signature is a mathematical technique used to validate the authenticity and integrity of a message, software or digital document. The digital equivalent of a handwritten signature or stamped seal, a digital signature offers far more inherent security, and it is intended to solve the problem of tampering and impersonation in digital communications


Document Required for Class 2 Digital Signature

Sign Encrypt Sign & Encrypt
  • Government
PAN Card, Aadhar Card, Photos - KYC* and Bank Statement
  • Organization
PAN Card, Aadhar Card, Photos KYC* Organisation Document KYC* Organisation Document
  • Individuals
PAN Card, Aadhar Card, Photos KYC* Organisation Document KYC* and Bank Statement
  • Document Signer
PAN Card, Aadhar Card, Photos - -
  • IET(DGFT)
PAN Card, Aadhar Card, Photos KYC* Organisation Document KYC* and Bank Statement
  • Foreign Individual
- - -
  • Foreign Organisation
- - -

Document Required for Class 3 Digital Signature

Sign Encrypt Sign & Encrypt
  • Government
PAN Card, Aadhar Card, Photos - KYC* and Bank Statement
  • Organization
PAN Card, Aadhar Card, Photos KYC* Organisation Document KYC* Organisation Document
  • Individuals
PAN Card, Aadhar Card, Photos KYC* and Bank Statement KYC* and Bank Statement/ITR
  • Document Signer
PAN Card, Aadhar Card, Photos KYC* and Bank Statement KYC* and Bank Statement/ITR
  • IET(DGFT)
PAN Card, Aadhar Card, Photos KYC* and Bank Statement KYC* and Bank Statement/ITR
  • Foreign Individual
- - -
  • Foreign Organisation
- - -

Document Required for DGFT Digital Signature

 Sign  Encrypt Sign & Encrypt
  • Government
PAN Card, Aadhar Card, Photos - -
  • Organization
PAN Card, Aadhar Card, Photos - -
  • Individuals
PAN Card, Aadhar Card, Photos - -
  • Document Signer
PAN Card, Aadhar Card, Photos - -
  • IET(DGFT)
PAN Card, Aadhar Card, Photos - -
  • Foreign Individual
- - -
  • Foreign Organisation
- - -



Conclusion

Document Required For Digital Signature Certificate Like - KYC, Aadhar card, Pan Card, Address proof, and etc. Bank manager, Post Master, etc. Gazetted office...

Posted on: May 24, 2019   Author: Taxhint Team Read More
Digital Signature for Government Tenders

Digital Signature (DSC) for Government Tenders

These days, All government tenders are to filed online. For filing tender digital signature will be required. But the problem is that the person filing tender does not know which type of DSC will be required for a government tender. For various govt tenders, various dsc's will be required. Some required Class 2 DSC, Others required class 3 DSC, Some of them requires class 3 signing and encryption. Therefore it is always advised to first visit the government tender portal and find the right type of DSC. Alternatively, anyone may use class 3 - Organisation Signing and Encryption DSC.

Posted on: May 24, 2019   Author: Taxhint Team Read More
Mobile Verification for Digital Signature Certificate

Mobile Verification for make Digital Signature


STEP 1 : CUSTOMER WILL RECEIVE A SMS STATING ABOVE LINES AS MENTION IN SCREENSHOT FOR SMS VERIFICATION RESPECTIVELY.


 


STEP 2 : FORWARD THIS SMS TO 9945211399.


 


STEP 3 : YOU WILL RECEIVE THE SMS AFTER CONFIRMATION

YOU WILL ALSO RECEIVE A MAIL FOR VIDEO RECORDING PROCESS.YOU CAN CHOOSE THE OPTION OF RECORDING ACCORDING TO YOUR BROWSER LIKE IPHONE USER/ANDROID USER OR COMPUTER BROWSER.BELOW IS THE VIDEO RECORDING PROCESS


Posted on: May 24, 2019   Author: Taxhint Team Read More
What is USB Token

What is USB Token?


USB Token has contained some driver in which some value store. In that particular device, you can store your Digital Signature. USB token storage almost 2 MB so you can not store more Digital Signature.

USB Token, not pen drive.

Once your Digital Signature certificate download in USB- Token you can’t move copy and cut from one USB- Token to another USB Token.


Features of a USB token

  • Certain USB tokens store digital signatures, fingerprint details, or other biometric data, which could be used as cryptographic keys.
  • USB tokens needs to be plugged into the USB port of the device, whether directly or via an extension cable.
  • Most USB tokens can be carried in hand as a keychain or plugin as they do not need a reader.
  • Additional drivers are not required in most cases for USB tokens. Most of them require fewer drivers.
  • One of the benefits of a USB token is its ability to securely encrypt files and emails or digital contracts.
  • Most USB tokens are durable and reliable.
  • Help desk and training costs for resources can be minimized with the plug-and-play capabilities of a USB token.

Posted on: May 24, 2019   Author: Taxhint Team Read More
Type of Digital Signature Certificate

What is a Digital Signature?

A Digital Signature is a mathematical technique used to validate the authenticity and integrity of a message, software or digital document. The digital equivalent of a handwritten signature or stamped seal, a digital signature offers far more inherent security, and it is intended to solve the problem of tampering and impersonation in digital communications.


Type of Digital Signature


1) Class 2 Digital Signature

Class 2 Digital signature is used for filing income tax VAT and Register of companies. Class 2 DSC type of Digital Signature is used for the Company or Limited Liability Partnership (LLP) Incorporation, (Income tax) IT Return E-filing, Obtaining DIN or DPIN, and Filing other forms with Ministry of Corporate Affairs MCA and Income Tax Department. Class 2 Digital Signature Certificate is used for PF, ROC,(GST)Good Service Tax, etc other than e-tendering. Class 2 for normal Digital Signature Certificate.

Class 2 digital signature can be divided in two categories:

Signing, Signing & Encryption. Signing Certificate can only be used for signing a document whereas encryption certificate provides protection to encrypted document/information over the transmission of document/information on the internet. Class 2 Sign & Encryption Digital Signature Certificates are most popular to use for filing income tax VAT and Register of companies. Encryption certificates secure the documents/information until it reaches the intended recipient.

Class 2 Signing & Encryption [COMBO] Certificate is the highest level of certificate among all type of certificates. Class 2 Combo DSC can be used for PF, ROC,(GST)Good Service Tax, etc other than e-tendering.

Class 2 Signing & Encryption digital signature certificate can be issued to any authorized person of an organization through an authorization letter of the organization.


2) Class 3 Digital Signature

Class 3 Digital Signature is mainly used for online procurement processes involving high financial values and e-tendering. Class 3 Digital Signatures come in form the USB E-Token or Electronic Token, wherein the Digital Signature Certificate is stored in a USB Drive and accessed through a computer to the sign documents electronically.

Class 3 Digital Signature can be divided in two categories:

Signing, Signing & Encryption [Combo]. Signing Certificate can only be used for signing a document whereas encryption certificate provides protection to encrypted document/information over the transmission of document/information on the internet, Encryption Certificates are most popular to use on e-Tendering or e-Procurement platforms. Encryption certificates secure the documents/information until it reaches the intended recipient.

Class 3 Signing & Encryption [COMBO] Certificate is the highest level of certificate among all type of certificates. Class 3 Signing & Encryption Digital Signature can be used for e-Tendering, e-Procurement, e-Bidding, e-Auction on all government, semi-government, PSUs, Private portals.

Class 3 Signing & Encryption Digital Signature Certificate can be issued to any authorized person of an organization through an authorization letter of the organization.


3) DGFT Digital Signature

A DGFT Digital Signature is required to digitally any sign documents in electronic format or for transactions being performed through a web-browser on the DGFT website or portal. It is used by the (Exporters & Importers) community registered with the DGFT in India.DGFT Digital Signature is mainly a Class 2 DSC especially for the EXIM Organizations who are having IEC in India. DGFT Digital Signature DSC can be ONLY Issued to the Organization with only Signing Certificate. Import Export Code (IEC ) is mandatory to obtain a DGFT. Using DGFT Users can save up to 50% of the License Fees on DGFT Digital Signature Website. DGFT Digital Signature Certificate DSC is safe, reliable, time saver friendly way to communicate with the DGFT Website.

DGFT Digital Signature can be one category:

Signing Certificate can only be used for signing a document A DGFT Signing Digital Signature is required to digitally any sign documents in electronic format or for transactions being performed through a web-browser on the DGFT website or portal. It is used by the (Exporters & Importers) community registered with the DGFT in India.

DGFT Signing digital signature certificate can be issued to any authorized person of an organization through an authorization letter of the organization.

Posted on: May 24, 2019   Author: Taxhint Team Read More
Video Verification For Make Digital Signature

MAIL VERIFICATION FOR DIGITAL SIGNATURE

VIDEO VERIFICATION

YOU WILL ALSO RECEIVE A MAIL FOR VIDEO RECORDING PROCESS.YOU CAN CHOOSE THE OPTION OF RECORDING ACCORDING TO YOUR BROWSER LIKE IPHONE USER/ANDROID USER OR COMPUTER BROWSER.BELOW IS THE VIDEO RECORDING PROCESS

VIDEO RECORDING AND VIDEO VERIFICATION FOR DIGITAL SIGNATURE



VIDEO VERIFICATION

VIDEO VERIFICATION



VIDEO VERIFICATION

VIDEO VERIFICATION

VIDEO VERIFICATION

VIDEO VERIFICATION

VIDEO VERIFICATION

VIDEO RECORDING DONE

Posted on: May 25, 2019   Author: Taxhint Team Read More
Process of Video Verification Through Capricorn of DSC

Process of Video Verification Through Capricorn of DSC

STEP 1 : MOBILE VERIFICATION:- CUSTOMER WILL RECIVE A  SMS ON HIS/HER NUMBER STATING CONFIRM APPLICANT ID APXXXXXX AND EMAIL  ALXXXX@MAIL.COM FORWARD TO 9212220059.CUSTOMER HAS TO FORWARD THE SMS TO 9212220059.

VIDEO VERIFICATION 

STEP 2 : VIDEO VERIFICATION :- CUSTOMER WILL RECEIVCE A EMAIL FROM  " no-reply@certificate.digital " STATING UPLOAD YOUR VIDEO

 VIDEO VERIFICATION

ALSO YOU CAN SHARE THE LINK TO THE CUSTOMER DIRECTLY FROM CAPRICORN PORTAL .GO TO ORDER/VIEW ORDER AND SELCT YOUR ORDER.GO TO VIDEO AND RIGHT CLICK ON RECORD VIDEO

VIDEO VERIFICATION

 

 CLICK ON COPY LINK ADDRESS AND PASTE WHERE YOU WOULD LIKE TO SHARE THE LINK.THE LINK WILL BE LIKE THIS

https://www.capricorn.cash/op/record-video/?p=WQBjn8bneV92GEnOMiUcZ8dHteszhJmr

THE LINE CUSTOMER HAS TO SPEAK IN THE VIDEO IS " I, CUSTOMER NAME have applied for Class - 2 certificate with capricorn CA. My order number is ORXXXXXX " LIKE THIS .CUSTOMER CAN SPEAK IN ANY LANGUAGE LIKE HINDI ,ENGLISH OR ANY OTHER LANGUAGE.

VIDEO VERIFICATION

STEP 3 : UPLOAD YOUR DOCUMETS .RELEVENT DOCS ARE ACCORDING TO THE TYPE AND CLASS OF DSC .LIST IS AVILABLE WITH THE FORM .


 

Posted on: May 25, 2019   Author: Taxhint Team Read More
Process of Mail Verification Through Capricorn of DSC

Process of Mail Verification Through Capricorn of DSC


STEP 1 : MAIL VERIFICATION:- CUSTOMER WILL RECIVE A  SMS ON HIS/HER NUMBER STATING CONFIRM APPLICANT ID APXXXXXX AND EMAIL  ALXXXX@MAIL.COM FORWARD TO 9212220059.CUSTOMER HAS TO FORWARD THE SMS TO 9212220059.

MAIL VERIFICATION 

STEP 2 : VIDEO VERIFICATION :- CUSTOMER WILL RECEIVCE A EMAIL FROM  " no-reply@certificate.digital " STATING UPLOAD YOUR VIDEO

 MAIL VERIFICATION

ALSO YOU CAN SHARE THE LINK TO THE CUSTOMER DIRECTLY FROM CAPRICORN PORTAL .GO TO ORDER/VIEW ORDER AND SELCT YOUR ORDER.GO TO VIDEO AND RIGHT CLICK ON RECORD VIDEO

MAIL VERIFICATION

 

 CLICK ON COPY LINK ADDRESS AND PASTE WHERE YOU WOULD LIKE TO SHARE THE LINK.THE LINK WILL BE LIKE THIS

https://www.capricorn.cash/op/record-video/?p=WQBjn8bneV92GEnOMiUcZ8dHteszhJmr

THE LINE CUSTOMER HAS TO SPEAK IN THE VIDEO IS " I, CUSTOMER NAME have applied for Class - 2 certificate with capricorn CA. My order number is ORXXXXXX " LIKE THIS .CUSTOMER CAN SPEAK IN ANY LANGUAGE LIKE HINDI ,ENGLISH OR ANY OTHER LANGUAGE.

MAIL VERIFICATION

STEP 3 : UPLOAD YOUR DOCUMETS .RELEVENT DOCS ARE ACCORDING TO THE TYPE AND CLASS OF DSC .LIST IS AVILABLE WITH THE FORM .

 

Posted on: May 25, 2019   Author: Taxhint Team Read More
Difference Between Class 2 and Class 3 Digital Signature

Difference Between Class 2 and Class 3 Digital Signature

 Class 2 Digital Signature

Class 2 Digital signature is used for filing income tax VAT and Register of companies.Class 2 DSC type of Digital Signature are use for the Company or Limited Liability Partnership (LLP) Incorporation, (Income tax) IT Return E-filing, Obtaining DIN or DPIN, and Filing other forms with Ministry of Corporate Affairs MCA and Income Tax Department.Class 2 Digital Signature Certificate is used for PF, ROC,(GST)Good Service Tax, etc other than e-tendering. Class 2 for normal Digital Signature Certificate.

Class 2 digital signature can be divided in two categories:

Signing, Signing & Encryption. Signing Certificate can only be use for signing a document whereas encryption certificate provides protection to encrypted document / information over the transmission of document / information on internet. Class 2 Sign & Encryption Digital Signature Certificates are most popular to use for filing income tax VAT and Register of companies. Encryption certificates secure the documents / information until it reaches to intended recipient.

Class 2 Signing & Encryption [COMBO] Certificate is the highest level of certificate among all type of certificates. Class 2 Combo DSC can be used for used for PF, ROC,(GST)Good Service Tax, etc other than e-tendering.

Class 2 Signing & Encryption digital signature certificate can be issued to any authorized person of an organization through an authorization letter of the organization.


Class 3 Digital Signature

Class 3 Digital Signature is mainly used for online procurement processes involving high financial values and e-tendering. Class 3 Digital Signatures come in form the USB E-Token or Electronic Token, wherein the Digital Signature Certificate is stored in a USB Drive and accessed through a computer to the sign documents electronically.

Class 3 digital signature can be divided in two categories:

Signing, Signing & Encryption [Combo]. Signing Certificate can only be use for signing a document whereas encryption certificate provides protection to encrypted document / information over the transmission of document / information on internet, Encryption Certificates are most popular to use on e-Tendering or e-Procurement platforms. Encryption certificates secure the documents / information until it reaches to intended recipient.

Class 3 Signing & Encryption [COMBO] Certificate is the highest level of certificate among all type of certificates. Class 3 Signing & Encryption Digital Signature can be used for e-Tendering, e-Procurement, e-Bidding, e-Auction on all government, semi government, PSUs, Private portals.

Class 3 Signing & Encryption Digital Signature Certificate can be issued to any authorized person of an organization through an authorization letter of the organization.


Posted on: May 25, 2019   Author: Taxhint Team Read More
Digital Signature Certificate Price List

Digital Signature Price List

Cost of Class 2 Digital Signature Certificate

Class 2 Sign Class 2 Encrypt Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -1000Buy Now - 1 year -2000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -1000Buy Now - 2 year -2000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -1500Buy Now - 3 year -2500Buy Now

Cost of Class 3 Digital Signature Certificate

Class 3 Sign Class 3 Encrypt Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -2000Buy Now 1 year -2000Buy Now 1 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500Buy Now 3 year -2500Buy Now 3 year -4000Buy Now

Cost of DGFT Digital Signature Certificate

Validity DGFT Sign DGFT Encryption
DSC Charge + (Inclusive of GST @ 18%) 1 year  Rs. 3,000/-Buy Now -
DSC Charge + (Inclusive of GST @ 18%) 2 year  Rs. 3,000/-Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year  Rs. 4,000/-Buy Now

Posted on: May 25, 2019   Author: Taxhint Team Read More
Foreign Digital Signature Application Form

jjhjhjh

Posted on: May 27, 2019   Author: Taxhint Team Read More
Digital Signature for Private Limited Company

Requirement of Digital Signature for Private Limited Company


it is important or required to use (Digital Signature Certificates)DSC in Private Limited Company. However, it is important to provide an electronic authorization as proof of identity its necessary to be done with Digital Signature. Digital Signatures are widely used for different online transactions such as the Partnership Firm, Income Tax E-Filing, Company or Limited Liability Partnership, Public and Private Limited Company, Incorporation, Filing Annual Return, e-Tenders, etc.


Document Required for Class 2 Digital Signature of Private Limited Company


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card

Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for Class 3 Digital Signature of Private Limited Company


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)

Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card

Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for DGFT Digital Signature of Private Limited Company

ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card


Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download



Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Pricing of Class 2 Digital Signature for Private Limited Company


  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 600Buy Now 1 year -600Buy Now 1 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -600Buy Now 2 year -600Buy Now 2 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -900 Buy Now 3 year -900Buy Now 3 year -1000Buy Now


Pricing of Class 3 Digital Signature for Private Limited Company

  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year-2000Buy Now 1 year -2000Buy Now 1 year -2500Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500Buy Now 3 year -3500Buy Now


Pricing of DGFT Digital Signature for Private Limited Company

  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -


Posted on: May 27, 2019   Author: Taxhint Team Read More
Digital Signature for Public Limited Company

Requirement of Digital Signature for Public Limited Company


it is important or required to use (Digital Signature Certificates)DSC in Public Limited Company. However, it is important to provide an electronic authorization as proof of identity its necessary to be done with Digital Signature. Digital Signatures are widely used for different online transactions such as the Partnership Firm, Income Tax E-Filing, Company or Limited Liability Partnership, Private and Public Limited Company, Incorporation, Filing Annual Return, e-Tenders, etc.


Document Required for Class 2 Digital Signature of Public Limited Company


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card

Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for Class 3 Digital Signature of Public Limited Company


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)

Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card

Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for DGFT Digital Signature of Public Limited Company


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card


Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download



Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Pricing of Class 2 Digital Signature for Public Limited Company


  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 600Buy Now 1 year -600Buy Now 1 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -600Buy Now 2 year -600Buy Now 2 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -900 Buy Now 3 year -900Buy Now 3 year -1000Buy Now


Pricing of Class 3 Digital Signature for Public Limited Company


  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year-2000Buy Now 1 year -2000Buy Now 1 year -2500Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500Buy Now 3 year -3500Buy Now


Pricing of DGFT Digital Signature for Public Limited Company

  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -


Posted on: May 27, 2019   Author: Taxhint Team Read More
Digital Signature for Limited Liability Partnership

Requirement of Digital Signature for Limited Liability Partnership

it is important or required to use (Digital Signature Certificates)DSC in Limited Liability Partnership. However, it is important to provide an electronic authorization as proof of identity its necessary to be done with Digital Signature. Digital Signatures are widely used for different online transactions such as the Partnership Firm, Income Tax E-Filing, Company or Limited Liability Partnership, Private and Public Limited Company, Incorporation, Filing Annual Return, e-Tenders, etc.


Document Required for Class 2 Digital Signature of Limited Liability Partnership


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)

Proof of Organization Existence

Copy of Organization PAN Card

Authorization Letter

ORG Bank Statement with transactions less than 3 months and "Organization Name"

Copy of Organization incorporation Certificate

Authorized Signatory Proof

Copy of partners lists form a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for Class 3 Digital Signature of Limited Liability Partnership


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)

Proof of Organization Existence

Copy of Organization PAN Card

Authorization Letter

ORG Bank Statement with transactions less than 3 months and "Organization Name"

Copy of Organization incorporation Certificate

Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for DGFT Digital Signature of Limited Liability Partnership


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)

Proof of Organization Existence

Copy of Organization PAN Card

Authorization Letter

ORG Bank Statement with transactions less than 3 months and "Organization Name"

Copy of Organization incorporation Certificate

Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download



Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Pricing of Class 2 Digital Signature for Limited Liability Partnership

  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 600Buy Now 1 year -600Buy Now 1 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -600Buy Now 2 year -600Buy Now 2 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -900 Buy Now 3 year -900Buy Now 3 year -1000Buy Now


Pricing of Class 3 Digital Signature for Limited Liability Partnership

  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year-2000Buy Now 1 year -2000Buy Now 1 year -2500Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500Buy Now 3 year -3500Buy Now


Pricing of DGFT Digital Signature for Limited Liability Partnership

  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -

Posted on: May 27, 2019   Author: Taxhint Team Read More
Digital Signature for Partnership Firm

Requirement of Digital Signature for Partnership Firm


it is important or required to use (Digital Signature Certificates)DSC in Partnership Firm. However, it is important to provide an electronic authorization as proof of identity its necessary to be done with Digital Signature. Digital Signatures are widely used for different online transactions such as the Partnership Firm, Income Tax E-Filing, Company or Limited Liability Partnership, Private and Public Limited Company, Incorporation, Filing Annual Return, e-Tenders, etc.


Document Required for Class 2 Digital Signature of Partnership Firm


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card

Authorized Signatory Proof

Copy of partners lists forms a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for Class 3 Digital Signature of Partnership Firm


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)

Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card

Authorized Signatory Proof

Copy of partners lists form a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Document Required for DGFT Digital Signature of Partnership Firm

ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

Authorization letter

ORG Bank Statement with the transactions less than 3 months &"Organization Name"

Copy of Organization PAN Card


Authorized Signatory Proof

Copy of partners lists form a partnership deed. Limited Liability Partnership deed (First page and page (s) containing Authorized signatory or Partner Name)


Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download

Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Pricing of Class 2 Digital Signature for Partnership Firm

  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 600Buy Now 1 year -600Buy Now 1 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -600Buy Now 2 year -600Buy Now 2 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -900 Buy Now 3 year -900Buy Now 3 year -1000Buy Now


Pricing of Class 3 Digital Signature for Partnership Firm

  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year-2000Buy Now 1 year -2000Buy Now 1 year -2500Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500Buy Now 3 year -3500Buy Now


Pricing of DGFT Digital Signature for Partnership Firm

  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -


Posted on: May 27, 2019   Author: Taxhint Team Read More
Digital Signature for Proprietorship Firm

 Requirement of Digital Signature for Proprietorship Firm


it is important or required to use (Digital Signature Certificates)DSC in Proprietorship Firm. However, it is important to provide an electronic authorization as proof of identity its necessary to be done with Digital Signature. Digital Signatures are widely used for different online transactions such as the Proprietorship Firm, Partnership Firm, Income Tax E-Filing, Company or Limited Liability Partnership, Private and Public Limited Company, Incorporation, Filing Annual Return, e-Tenders, etc.


Document Required for Class 2 Digital Signature of Proprietorship Firm


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)


Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

ORG Bank Statement with the transactions less than 3 months &"Organization Name"


Authorized Signatory Proof

Business registration certificate containing the name of the proprietor confirming the business owner of authorized signatory (proprietor )


Document Required for Class 3 Digital Signature of Proprietorship Firm


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)


Proof of Organization Existence

Copy of Business registration certificate including GST, MSME, Shops, and establishments

ORG Bank Statement with the transactions less than 3 months &"Organization Name"


Authorized Signatory Proof

Business registration certificate containing the name of the proprietor confirming the business owner or authorized signatory (proprietor )


Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download



Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Pricing of Class 2 Digital Signature for Proprietorship Firm

  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 600Buy Now 1 year -600Buy Now 1 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -600Buy Now 2 year -600Buy Now 2 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -900 Buy Now 3 year -900Buy Now 3 year -1000Buy Now


Pricing of Class 3 Digital Signature for Proprietorship Firm

  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year-2000Buy Now 1 year -2000Buy Now 1 year -2500Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500Buy Now 3 year -3500Buy Now


Pricing of DGFT Digital Signature for Proprietorship Firm


  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -

Posted on: May 27, 2019   Author: Taxhint Team Read More
Amalgamation or Merger of Companies

Steps wise procedure for Amalgamation

SNo.

Particulars

Timeline (if any)

1

Due Diligence Report of both Transferor and Transferee

 

2

Valuation Report

 

3

Section 230 - Convene  a Board Meeting of Transferor and Transferee Companies for

·         To consider and approve the scheme of Arrangement or Amalgamation

·         To accept the report of CA on Valuation and Share Exchange Ratio

·         To authorize any director of the Company for filing of proposed scheme with concerned authorities and to do other matters incidental thereto

X

4

Section  117 read with 179(3) – Filing of Board Resolution for amalgamation  in MGT-14

Within 30 days of X

5

Documents to be annexed with the First Motion Application :

1.       A notice of admission in Form NCLT-2

2.       An affidavit in Form NCLT-6

3.       Affidavit verifying the application

4.       Board Resolution

5.       Draft scheme of Merger

6.       Latest financial position/ provisional balance sheet of the company (not older than 6 months)

7.       Auditor’s report on the accounts along with Balance sheet of the company for preceding 5 Financial Year and

8.       The pendency of any investigation or proceedings against the company

9.       Reduction of share capital of the company, if any, included in the compromise or   arrangement.

10.   List of directors

11.   List of Members

12.   List of secured and unsecured Creditors

13.   Basis on which each class of members or creditors has been identified for the purposes of approval of the scheme;

14.   CA certificate for secured and unsecured creditors,

15.   Consent affidavits of Creditors if meeting sought to be dispensed,

16.   Auditor's certificate for accounting treatment

 

6

Section 230(1) read with Rule 3 of CAA Rules, 2016

Prepare and File First Motion Application with NCLT for an order convening meeting of shareholders and creditors of Transferor and Transferee in Form NCLT-1  along with requisite docs and fee of Rs. 5,000/-

 

7

Section 230(1) read with Rule 5 of the CAA Rules, 2016

NCLT will give order on the Application of the Company on the following:

1.       Determining the class or classes of creditor or of members whose meeting or meetings or dispensing with the meeting of creditors in terms of section 230(9).

2.       Fix the time and place of the meeting or meetings

3.       Appointment of the Chairperson and scrutinizer for the meeting or meetings to be held, as the case may be and fixing the terms of his appointment including remuneration

4.       Fix the quorum and the procedure to be followed at the meeting or meetings.

5.       Determining the values of the creditors or the members, or the creditors or member of any class, as the case may be, whose meetings have to be held

6.       Notice to be given of the meeting or meetings and the advertisement of such notice

7.       Notice to be given to sectoral regulators or authorities as required under sub-section (5) of section 230

8.       Time within which the chairperson of the meeting will give his report the NCLT; and

 

8

Notice to be sent by the Chairman in Form CAA-2 to the members and creditors along with the requisite docs and disclosures

1 month before the date of meeting

9

Notice in Form CAA-2 shall be advertise in English Newspaper & Vernacular Language

30 days before the date of meeting

10

Sec 230(5) read with Rule 8:

Notice of the Meeting in Form CAA-3 is required to sent to the following authorities by registered post/ speed post/ courier/ e-copy/ hand delivery :

1.       Central Government (RD)

2.       ROC

3.       Income Tax Authority

4.       Other Sectoral regulators or Authorities as directed by NCLT

 

11

Rule 12 of CAA, Rules 2016

The Chairman appointed for the meeting of the Company or other person directed to issue the notices of the meeting shall file an affidavit before NCLT that the directions regarding the issue of notices and advertisement have been duly complied with.

Within 7 days before the date fixed for the meeting

12

Section 230(6) read with Rule 13

Convene meeting of members and creditors to approve the scheme with 3/4th majority

 

13

Rule 14 of CAA Rules, 2016

The Chairman of the meeting shall submit a Report in Form CAA-4 to NCLT on the result of the meeting

Within 3 days after conclusion of the meeting or the date fixed by NCLT

14

Section 230 and 232 read with Rule 15

File Second Motion application with NCLT in Form CAA-5 for confirmation of scheme of merger or amalgamation

Within 7 days of filing of report of the Chairman to NCLT

15

Rule 16 of CAA Rules 2016

NCLT will fix a date of hearing and also give directions to issue Notices to regulators for their observations.

 

16

File Copies of application  with ROC, RD, OL, Income Tax authority and other sectoral regulators, as the case may be

 

17

RD and OL will seek necessary information from the transfree and transferor Company

 

18

Obtain No Objection report from RD and OL

 

19

Rule 16 of CAA Rules 2016

Notice of hearing shall be advertised in the same newspapers in which notice of meeting was advertise

Not less than 10 days before the date fixed for hearing

20

Affidavit of service and NOC shall be filed with NCLT

At least 7 days before the date of Hearing

21

Section 232 read with Rule 20

After hearing, NCLT may pass the order of merger or amalgamation in Form CAA-7

 

22

Section 230(8) read with Rule 17 of CAA Rules, 2016

The certified copy of NCLT order shall be filed with ROC in form INC-28

 

Along with Application for merging authorized capital

Within 30 days of receipt of Certified copy of order

23

Section 39, 173 and 23

Hold a meeting of the Board for allotment of shares as per the scheme approved by NCLT

 

24

Section 39 and 232 read with Rule 12 of Companies (Prospectus and Allotment of Securities)

File a return of allotment for allotment of shares in accordance with share exchange ratio as provided in the scheme of  amalgamation in Form PAS -3

 

25

Section 232(7) read with Rule 12 of the Companies CAA Rules, 2016

Every company in relation to which the order is made, shall until the scheme is fully implemented, file with ROC, the statement in Form CAA-8 attach with Form  GNL-1

Within 210 days from the end of the each Financial Year

26

Section 239

The books and papers of a Company which has been amalgamated with, or whose shares have been acquired by another company shall not be disposed of without the prior permission of the Central Government

 

 

 

Posted on: May 23, 2019   Author: Team Read More
Indian Subsidiary Company Document Required

Documents required for India subsidiary

From all Directors and Shareholders

  • Copy of Passport of foreign Directors appostolised by Embassy / duly notarized).
  • Scanned copy of Incorporation certificate issued by respective foreign government (INC /LLC) (Appostolised by embassy /duly notarized).
  • A Resolution from INC /LLC for opening a subsidiary company in India. (appostolised by the Indian embassy and duly notarized).
  • Copy of PAN Card for the Indian Director.
  • Identity Proof (Voter Id/ PAN Card /Passport).
  • Address Proof ( Electricity Bill/ Bank Statement/ Telephone Bill).
  • Rent Agreement in case of rented property or NOC if owned by relatives


Register an Indian Subsidiary Company

  • DSC & DIN.
  • End-to-End Company Registration.
  • MOA & AOA.
  • Basic Advice related to the FDI.
  • Application of TAN & PAN.
  • Opening of Bank Account
  • Advice on the applicable Registration.

Posted on: May 27, 2019   Author: Taxhint Team Read More
Digital Signature for GST Registration

The requirement of Digital Signature for GST Registration


It is important or required to use (Digital Signature Certificates)DSC in GST Registration. However, it is important to provide an electronic authorization as proof of identity its necessary to be done with Digital Signature. Digital Signatures are widely used for different online transactions such as the Partnership Firm, Income Tax E-Filing, Company or Limited Liability Partnership, Private and Public Limited Company, Incorporation, Filing Annual Return, e-Tenders, etc.


Document Required for Class 2 Digital Signature of GST Registration


FOR PARTNERSHIP/LLP FIRM

Partners' PAN CARD- All Partners

Soft copy of Photograph

Resolution for Authorising any Partner

List of Sale & Purchase Items

PAN Card of Company, Cancel Cheque

Partnership Deed/ COI of LLP and Rent Agreement

Address Proof of Shop/Branch/Godown/Store: Anyone of the following (Should not be older than 2 months)

Electricity bill, Water tax and Municipal Tax/House Tax Bill

FOR PROPRIETORSHIP FIRM

PAN Card, Aadhar Card

Soft copy of Photograph, Cancel Cheque

Rent Agreement in case of rented property or NOC if owned by relatives

Address Proof of Shop/Branch/Godown/Store: Anyone of the following (Should not be older than 2 months)

Electricity bill, Water tax

Municipal Tax/House Tax BillDigital Signature Certificate (DSC) of at least one partner in case of LLP


Document Required for Class 3 Digital Signature of GST Registration


FOR PARTNERSHIP/LLP FIRM

Partners' PAN CARD- All Partners

Soft copy of Photograph

Resolution for Authorising any Partner

List of Sale & Purchase Items

PAN Card of Company, Cancel Cheque

Partnership Deed/ COI of LLP, Rent Agreement

Address Proof of Shop/Branch/Godown/Store: Anyone of the following (Should not be older than 2 months)

Electricity bill, Water tax and Municipal Tax/House Tax Bill

FOR PROPRIETORSHIP FIRM

PAN Card, Aadhar Card

Soft copy of Photograph, Cancel Cheque

Rent Agreement in case of rented property or NOC if owned by relatives

Address Proof of Shop/Branch/Godown/Store: Anyone of the following (Should not be older than 2 months)

Electricity bill, Water tax

Municipal Tax/House Tax BillDigital Signature Certificate (DSC) of at least one partner in case of LLP


Document Required for DGFT Digital Signature of GST Registration


FOR PARTNERSHIP/LLP FIRM

Partners' PAN CARD- All Partners

Soft copy of Photograph

Resolution for Authorising any Partner

List of Sale & Purchase Items

PAN Card of Company, Cancel Cheque

Partnership Deed/ COI of LLP, Rent Agreement

Address Proof of Shop/Branch/Godown/Store: Anyone of the following (Should not be older than 2 months)

Electricity bill, Water tax

Municipal Tax/House Tax Bill

FOR PROPRIETORSHIP FIRM

PAN Card, Aadhar Card

Soft copy of Photograph and Cancel Cheque

Rent Agreement in case of rented property or NOC if owned by relatives

Address Proof of Shop/Branch/Godown/Store: Anyone of the following (Should not be older than 2 months)

Electricity bill, Water tax

Municipal Tax/House Tax BillDigital Signature Certificate (DSC) of at least one partner in case of LLP


Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download



Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Pricing of Class 2 Digital Signature for GST Registration

  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 600Buy Now 1 year -600Buy Now 1 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -600Buy Now 2 year -600Buy Now 2 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -900 Buy Now 3 year -900Buy Now 3 year -1000Buy Now


Pricing of Class 3 Digital Signature for GST Registration

  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year-2000Buy Now 1 year -2000Buy Now 1 year -2500Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500Buy Now 3 year -3500Buy Now


Pricing of DGFT Digital Signature for GST Registration

  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -

Posted on: May 27, 2019   Author: Taxhint Team Read More
List of Authorised Gazette Officers Permitted

Who is a gazetted officer?

A Gazette officer is a person who is an officer in the Indian Government service, the signature, stamp and official seal which is necessary for verifying and attesting the important documents certified copies and photographs person for the state and central government. He can be understood as a High-level public employee. The gazetted officer’s acts are considered as an authorized witness for document verification.


Following list of authorized gazetted officers: 

Photocopies of supporting personal documents of applying individual can be attested by Group 'A' or Group 'B' Gazetted Officers. 

Class I or Group A Gazetted Officers include:

This class consists of the highest class of government servants who are ranked from level 1 to 10 in the Civilian and Defence Pay Matrices, which includes:

  1. Officers of Armed forces;
  2. Magistrates and above in Judicial services;
  3. Central and state servicemen (Doctors, Engineers, Drug Controller);
  4. Scientists working in any government funded research organization like DRDO etc.;
  5. Any Central or state government employee who has Group A service Rules (IAS, IES, DIG, DCP, ASP, DGP, JCP, IB, SDPO, etc);
  6. An employee of central and state government universities like vice chancellor, Principal, Assistant Registrar, Faculty members;
  7. Police officers above the rank of circle inspector.

Class II or Group B Gazetted Officers include:

  1. Section Officers
  2. BDO (Block Development Officers)
  3. Tahsildars
  4. Junior Doctors in Government Hospitals
  5. Assistant Executive Engineers
  6. Lecturers in Government colleges
  7. Headmaster of Government high schools
  8. 2nd Lieutenant to Major
  9. Magistrates

Some important points to remember about gazetted officer:

  • Gazetted Officer does not include notary or SEO or Nagar Sevak
  • Documents can be attested either by a Group A or a Group B Gazetted Officer.
  • Name, designation and contact number (either landline number or mobile number) must also be mentioned.
  • For copies of original documents, both Group A and B officers can attest the documents.
  • The name, designation and contact number of the gazetted officer should be clearly mentioned.
  • For government employment forms and applications, as per the Modi government rule, self-attestation of the documents is a sufficient proof, a 2014 move.
  • There are no fees for getting the attestation done by any gazetted officer.

 


Posted on: May 27, 2019   Author: Taxhint Team Read More
Document Required for Digital Signature of trust

Requirement of Digital Signature for trust


it is important or required to use (Digital Signature Certificates)DSC in trust. However, it is important to provide an electronic authorization as proof of identity its necessary to be done with Digital Signature. Digital Signatures are widely used for different online transactions such as the Partnership Firm, Income Tax E-Filing, Company or Limited Liability Partnership, Public and Private Limited Company, Incorporation, Filing Annual Return, e-Tenders, etc.



Document Required for Digital Signature of trust


ID PROOF

Applicant ID (PAN Card, Voter ID, Passport, Driving License)

Authorized Signatory ID Proof (PAN, Voter ID, Password or Driving License or Organization id Card)

Proof of Organization Existence

Copy of Organization PAN Card

ORG Bank Statement with transactions less than 3 months and "Organization Name"

Copy of Organization incorporation Certificate

Authorized Signatory Proof

Copy of Resolution From Association/Society/NGO/Trust authorizing the signatory



Class 2 Digital Signature Form


Digital Signature Certificate issued by a  Certifying Authorities. Anyone who needs a digital signature has to apply to these certifying authorities.  There are various certifying authorities  (Sify-safe script, Capricorn Digital, and E-Mudhra). TAXHINTINDIA  is the channel partner of all these certifying authorities.  There are various types of digital signature and every signature and authority has a different form.  All digital signature forms have described as below.


Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 2 Sign Individual Download Download Download
Class 2 Encrypt Individual Download Download Download
Class 2 Sign & Encrypt Individual Download Download Download
Class 2 Sign Organization Download Download Download
Class 2 Encrypt Organization Download Download Download
Class 2 Sign & Encrypt Organization Download Download Download

Class 3 Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
Class 3 Sign Individual Download Download Download
Class 3 Encrypt Individual Download Download Download
Class 3 Sign & Encrypt Individual Download Download Download
Class 3 Sign Organization Download Download Download
Class 3 Encrypt Organization Download Download Download
Class 3 Sign & Encrypt Organization Download Download Download

DGFT Digital Signature Form

Type of Digital Signature Form Sify-Safescrypt eMudhra Limited Capricorn
DGFT Sign Individual Download Download Download
DGFT Sign Organization Download Download Download

Pricing of Class 2 Digital Signature for trust

  Class 2 Sign Class 2 Encrypt
Class 2 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year– 600Buy Now 1 year -600Buy Now 1 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -600Buy Now 2 year -600Buy Now 2 year -1000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -900 Buy Now 3 year -900Buy Now 3 year -1000Buy Now


Pricing of Class 3 Digital Signature for trust

  Class 3 Sign Class 3 Encrypt
Class 3 Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year-2000Buy Now 1 year -2000Buy Now 1 year -2500Buy Now
DSC Charge + (Inclusive of GST @ 18%) 2 year -2000 Buy Now 2 year -2000Buy Now 2 year -3000Buy Now
DSC Charge + (Inclusive of GST @ 18%) 3 year -2500 Buy Now 3 year -2500Buy Now 3 year -3500Buy Now


Pricing of DGFT Digital Signature for trust

  DGFT Sign DGFT Encrypt
DGFT Combo
DSC Charge + (Inclusive of GST @ 18%) 1 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 2 year -3000Buy Now - -
DSC Charge + (Inclusive of GST @ 18%) 3 year -4000 Buy Now - -


Posted on: May 28, 2019   Author: Taxhint Team Read More
FSSAI License Login

FSSAI License Login


Step 1: The first step is to go to FSSAI site or food licensing website https://foodlicensing.fssai.gov.in/index.aspx.

FSSAI Login


Food Licensing Website

Step 2: When the page opens click on ‘Sign-up (For Self-Care Portal)’ which is on

the right of the screen.
FSSAI Login


FBO Signup for FSSAI login

Step 3:- Once the Signup after fill your contact details. Remember that mobile number & e-mail-ID you fill up for sign up should be valid and active, which means it must be in use.


FSSAI Login

Full up Details for FSSAI Login creation

Step 4:- Errors while creating FSSAI Login

FSSAI Login

Step 5:- Once sign-up is successful you will get a message ‘account successfully

created.’ You will be also get sign-up success confirmation message on your mobile

as an SMS & via e-mail too.


FSSAI Login

Successful creation of FSSAI Login

Step 6:- After Successful creation of FSSAI Login. You will be also get a sign-up success confirmation message on your mobile as an SMS & via e-mail too.

Email-Notification after FSSAI Login creation

 

Step 7:- SMS after FSSAI Login creation.  Sign-up success confirmation message on your mobile number

 

Creating a FSSAI Login and then the applying for license online can prove to be challenging task at times.

At Food License, we provide you with the comprehensive Food Consultant and help you acquire the FSSAI license in a quicker & more convenient fashion.
Call +91 9990549917,9560132098 and Visit :- https://www.taxhint.in/ to get started !!

Posted on: June 13, 2019   Author: Taxhint Team Read More
How to check FSSAI license number online

FSSAI License Number


The 14-digit FSSAI food license number has been divided into five sections and each section tells authorities some information about the food business operator which differentiate it from to the others. Here are the five different sections of FSSAI food License number.

Section 1 [First Digit] – Information about registration status of food business whether registered or not.

Section 2 [Digit 2 & 3]- State code where the food business is operational.

Section 3 [Digit 4 & 5]- Year of manufacture of the particular food product.

Section 4 [Digit 6, 7, 8]- Quantity of the enrolling master.

Section 5 [Digit 9-14]- Permit Number of maker.


How to Check FSSAI License Number Online


Step 1: Head over to the official government website of FSSAI. https://foodlicensing.fssai.gov.in/cmsweb/TrackFBO.aspx.Once you’re on page, you will be seeing blank field labeled as Enter License/ Registration Number



Step 2: Enter the particular food license number and click on ‘Submit’. Make sure you entered the license or registration number correctly; there should be 14-digit in the license or registration number.



Step 3: if you have entered an invalid license/registration number, an error message is displayed as follows.




Step 4: Once you’ve clicked on ‘Submit’ and if your license is valid, the website will display status along with the other details of FBO or food business operator. You have successfully performed the procedure to check the FSSAI/Food license Online.





Details of the Food Business Operator This concludes the procedure to check the FSSAI/Food license Online. FSSAI license is basically mandatory compliance for the FBO. The FSSAI license has validity of a maximum of five years and after those five years are up, you need to the renew the food license in order to keep the flow of business smooth. If you need a new FSSAI license or renew your existing license visit us at https://www.taxhint.in/ as we are one of the top food license consultants across the country. Call us at +91 9990549917, 9560132098 to get started!

Posted on: June 13, 2019   Author: Taxhint Team Read More
PAN Card

PAN card
What is a PAN card

PAN stands for Permanent Account Number. It is issued by the Income Tax Department under Income Tax Act, 1961. PAN Card is a 10-digit a unique alphanumeric number, issued in the form of a laminated tamper-proof card, by Income Tax Department under Income Tax Act, 1961 of India.
The PAN- Permanent Account Number is unique to an entity or individual and it is valid across India. PAN once allotted to an individual or entity is unaffected by a change the Details like name, address within or across states in India and other factors.


Types of PAN

  1. Individual
  2. HUF-Hindu undivided family
  3. Company
  4. Firms/Partnerships
  5. Trusts
  6. Society
  7. Foreigners

PAN Card Cost

The cost of the Permanent Account Number (PAN) card is Rs. 110 or Rs. 1,020 (approximately) if the PAN card is to be dispatched outside of India.


Structure of PAN Card

Permanent Account Number (PAN) card contains information such as an identity, age proof and also complies with the Know Your Customer (KYC) guidelines.

PAN card details are as follows:

Name of the cardholder – Individual or Company

Name of father of the cardholder – Applicable for individual cardholders.

Date of birth (DOB) – the cardholder’s DOB in case of an individual or date of registration is mentioned in case of a firm or company.

PAN Number It is a 10 letter alpha-numeric number and each character represents distinct information of the cardholder.

First three letters – are purely alphabetical in nature and contain 3 letters of the alphabet from A to Z.

The fourth letter – this shows the category of the taxpayer. The repersents various entities and their respective characters are as follows:


A – Association of Persons
B – Body of Individuals
C – Company
F – Firms
G – Government
H – Hindu Undivided Family
L – Local Authority
J – Artificial Judicial Person
P – Individual
T – Association of Persons for a Trust

The fifth letter – the fifth letter is the first letter of the individual’s surname

Remaining letters – remaining characters are random. The first and Fourth characters are numbers while the last one is an alphabet.

Signature of individual – PAN Card also including acts as a proof of the individual’s signature requirement for financial transactions.

Photograph of an individual – PAN Card including acts as a photo identity proof of the individual. In the case of firms and companies, no photo is present on the card...


Online PAN Card Application Process


  • Visit the TIN NSDL or UTIISL websites or portal and select the ‘New PAN’ option
  • Select Application Form 49A for Indian citizens (including NRE/NRI/OCI individuals)
  • Fill up all details in the online form, mentioning details such as your full name, address, date of birth, gender, telephone or phone number and income details, etc.
  • On filling the form and submit it and Payment the fee
  • Print page with the 15-digit acknowledgment & sign up in the space provided.
  • Affix passport sized photo on the acknowledgment, proof of identity and documents of address Proof and Demand Draft (if you are paying through DD).
  • The above is to be sent to the NSDL office by post PAN card within 15 days of submitting the online application.
  • The PAN will then be sent your address within 15 working days.

Offline PAN Card Application Process


  • Download the PAN card application form 49A from the National Securities Depository Limited (NSDL) or UTIISL websites or potal or collect a copy from UTIISL agents.
  • Fill up in the form and attach supporting documents (proof of identity, photographs and address)
  • Submit the form and documents to the NSDL office along with the Payment the fee.
  • The PAN card will be sent address mentioned in the form within 15 working days.
  • And As per the NSDL website or Portal, the entire process of printing and dispatching cards takes approximately 15 days. The status can be tracked by following the steps mentioned below:
    • Visit tin-nsdl.com.
    • Select ‘PAN’ under the ‘Services’ tab.
    • Next, click on ‘Know Status of Your Application’.
    • Select the application type and provide the acknowledgment number.
    • Enter the captcha code.
    • Click on ‘Submit’.
    • In doing so, the details are provided in the corresponding screen.

    Types of PAN Applications

    1. Issuance of new PAN Application (Form 49A)
    2. Change/Correction in PAN —(Form 49A)

    Why do you need PAN?

    • Proof of Identity
    • Proof of Address
    • Mandatory for Filing Taxes
    • Registration of Business
    • Financial transactions
    • Eligibility to open and operate Bank Accounts
    • Phone Connection
    • Gas Connection etc.

    Document required for PAN Card

    • Proof of Identity
    • Proof of Address
    • Proof of Age

    Some details fill up the Form

    • Name, Father’s name and Date of birth
    • Residential address
    • Source of income
    • Aadhar number
    • Telephone number, Email id.

    Uses of PAN Card

    It is a unique alphanumeric number, 10-digit number imprinted on the laminated tamper-proof card or laminated plastic card. Individuals, Firm, Association of persons, Hindu Undivided Family, Company (Like LLP, Private/Public Limited Company, One Person Company etc), Body of Individual, co-operative society, Artificial Juridical Person,  Government Agencies, Local Authority, Limited Liability Partnership (LLP), Trust and all those whose income are taxable under the Income Tax Act, 1961 are required to acquire a PAN Card. Pan Card use the following fields-

    1. Opening a bank account

    2. Buying or selling a motor vehicle>

    3. Applying for a credit or debit card

    4. Making investments

    5. Proof of Identity

    6. Foreign Exchange

    7. Property

    8. Loans

    9. Fixed Deposits

    10. Cash Deposits

Posted on: June 14, 2019   Author: Taxhint Team Read More
Digital Signature Certificate Setting




Digital Signature Certificate Setting


Digial Signtaure Setting

DSC Setting


Setting of Digital Signature PFX file/Hard Token


Install Digital Signature certificate PFX file/Hard Token


Install Digital Signature certificate PFX file/Hard Token


Steps of Installation of Install Digital Signature certificate PFX file/Hard Token


Digital Signature Certificate setting



Class 2 Digital Signature setting

Steps of Installation of Digital Signature Certificate (Hard Token)

For Hard Token based certificates, please refer manual provided by Certifying
Authority for certificate download, enrollment and usage of hard token.

Login to TRACES

Login to TRACES

Welcome Page

Welcome Page

Steps to Register Digital Signature Certificate

Steps to Register Digital Signature Certificate


Steps to Register Digital Signature Certificate

Steps to Register Digital Signature Certificate

select digital signature for same PAN mentioned in the applet window

Class 3 Digital Signature Setting

DGFT Digital Signature Setting

 Install Class 2 Digital Signature certificate

 Install Class 3 Digital Signature certificate


 Install DGFT Digital Signature certificate

 Install Class 2 DSC

Error Messages at the time of Register Digital Signature

 Install Class 3 DSC

 Install DGFT DSC

Setting of Class 2 Digital Signature Certificate


Setting of Class 3 Digital Signature Certificate

Error Messages at the time of Register Digital Signature (Contd.)


    • When certificate registered is about to expire, a prompt will be shown on the screen intimating the user regarding expiry of DSC. (“Your certificate will expire in ‘n’ days”)

    • If certificate registered earlier, has expired then previous certificate details will not be shown to user. Instead, digital signature registration screen will be displayed with “Register DSC” button for initiation of fresh DSC registration

  • In case certificate used has been revoked by certain Certifying Authority and Certificate Revocation List maintained on the server has been updated with the corresponding crl(certificate revoking list) file, user shall not be allowed to register revoked certificate on TRACES. Error message will be displayed while registration.

Posted on: June 15, 2019   Author: Taxhint Team Read More
EPFO Digital Signature Certificate Setting

INSTRUCTIONS FOR DSC REGISTRATION


Once the Employer Registration is successfully completed and the username and password has been obtained, it is mandatory to register the DSC (Digital Signature) of the Employer. Let us see the step by step procedure of DSC registration in this document.

Step 1. Open Employer Registration Home Page from the EPFO official Website.

Step 2. Enter your username and password.

Enter your username and password

Step 3. In the page that is opened, select the Second Tab, DIGITAL CERTIFICATE.

EPFO Digital Signature Certificate Setting

Step 4. Select the option, REGISTER CERTIFICATE.

Step 5. The System prompts for Details of Employer

EPFO DSC Setting

Step 6. The Name of the Employer and the Mobile Number will be auto populated from the Employer
registration data. The Name is editable and mobile number is non editable. In case the name
entered in Digital Signature Certificate is different, please edit it as per the same. Now, select
NEXT.

Step 7. Select the Type of the Digital Certificate, as per your DSC available with you.

EPFO DSC setiing

Step 8. On selecting the USB token the button, a pop-up will appear as shown below. Click on Run.

 selecting the USB token the button

Step 9. Select Your USB TOKEN Certificate appears. Click on it to get the following DSC details pop-up.
Ensure your DSC USB Token has been inserted in the USB port properly.

Select Your USB TOKEN Certificate appears


Pl. Note: The same Digital Signature once registered with any user, will not be permitted with any
other user.

Step 10. Select this Certificate, in the following screen.

 Select this Certificate, in the following screen.

Step 11. Enter your PIN details of the DSC and press OK.

Enter your PIN details of the DSC and press OK.

Step 12. The message, Certificate selected successfully appears, click OK.

Step 13. The View Digital Signature Screen appears, with the details of Active DSC registered with a
Successfully Registered message.

 View Digital Signature Screen appears

Step 14. Now you are ready to go ahead with Apply for Code, by selecting the Fill Application
Form Option.

Fill Application Form


Please ensure that the user (employer) who has registered, has put in his PAN and his own DSC. The
applicant Employer will be responsible for correctness in the application form and for authentication of documents.

Posted on: June 15, 2019   Author: Taxhint Team Read More
MCA Digital Signature Certificate Settings

MCA DSC SELETION Settings



Step 1- Browser Verification:

Use Only Internet Explorer Version-10 or Above

1. Open Internet Explorer by clicking on the Image shown below.
Open Internet Explorer

2. Go to settings (click on Wheel button)
Go to settings (click on Wheel button)

3. Select “About Internet Explorer”.


Select “About Internet Explorer”

Step 2- Java Version Verification:

1. Uninstall Java Currently in the System.

Uninstall Java Currently in the System

2. Download Java Version 8 and Update 92 from the below link. http://www.oracle.com/technetwork/java/javase/downloads/java-archive-javase8-2177648.html#jdk-8u92oth-JPR

Java Version Verification


3. Click on Accept License Agreement
4. Click on Windows x86 - jdk-8u92-windows-i586.exe only
Install the Downloaded JDK
Note: Download Only JDK specified but not JRE


Step 3 -


1. Open Internet Explorer

2. Go to Tools->Internet Options

3. Click on Tab “Security”

4. Click on “Trusted Sites”

Click on “Trusted Sites”

5. Click on “Sites”


6. Uncheck the Check box “Require server verification https: for all sites this zone”


Require server verification https: for all sites this zone

7. In the Add this website to the zone : Add http://www.mca.gov.in and click on Add

8. Again add http://mca.gov.in and click on Add

9. Click on Close

Posted on: June 15, 2019   Author: Taxhint Team Read More
Trademark DSC Setting

STEP TO INSTALL CAPICOM.DLL


  • Step 1. The Installation of or registration of capicom.dll varies according to the Windows bit version like 32 bit version or 64 bit.

For Windows XP, Windows 7 or Windows 8 (32 bit)

For Windows 7 or Windows 8 (64 bit)

  • Step 2. To see windows bit version right click on My Computer and choose property, given below screen show Windows bit version
Trademark DSC Setting
  • For Windows XP, Windows 7 or Windows 8 (32 bit )
  • Step 3. Go to My Computer/ Local Disc (C:)/Windows/ System32
  • Step 4. Copy capicom.dllto My Computer/ Local Disc (C:)/Windows/ System32
Trademark Digital Signature Certificate Setting

  • Step 5. cmd file
  • Step 6. Right click on cmd and open in Admeinistrator Mode

STEP TO INSTALL CAPICOM.DLL
  • Step 7. Type command regsvr32 capicom.dll
  • Step 8. On clicking Enter button,the successful installation message displays.

  • For Windows 7 or Windows 8 (64 bit)

    Step 9. Click on windows Start button
  • Step 10. Type “%systemroot%\SysWoW64\” in the search text box to open system folder
  • Step 11. Copy the corresponding capicom.dll to following folder “%systemroot%\SysWoW64\
  • Step 12. Open the cmd prompt in administrator mode
  • Step 13. Goto folder “%systemroot%\SysWoW64” from cmd prompt
  • Step 14. Run command “regsvr32 capicom.dll
  • Step 15. On clicking the ‘Enter’ button, the successful installation message displays.
trademark digital signature setting

Posted on: June 17, 2019   Author: Taxhint Team Read More
EMSIGNER GST DSC SETTING

1. System Requirements for Accessing the GST Common Portal


Desktop Browser: Internet Explorer 10+/ Chrome 49+ or Firefox 45+

Besides the above on browser compatibility following should not be disabled:

  1. Cascading Style Sheet (CSS) - used to render User Interface look and feel of the portal. Disabling this will not provide appropriate user experience
  2. JavaScript - used to provide enhanced user experience in using User Interface controls. Disabling this will not allow user to perform any transaction in the portal.
  3. Cookie - used to store personalized information of user. Disabling this will not allow user to login and perform any transaction in the portal.

Unzip tool to extract the certificates from a zipped single file - Example: WinZip 7+ / WinRAR 5+


2. System Requirements for Usage of Digital Signature Certificate


    • Desktop Browser: Internet Explorer 10+/ Chrome 49+ or Firefox 45+
    • Valid class 2 or class 3 Digital Signature Certificate (DSC) obtained from a DSC provider

Note:

    1. GST Common Portal supports only Crypto Tokens installed in Hard Tokens for DSC Registration
    2. For Hard Token based certificates, please refer user manual provided by Certifying Authority for certificate download, enrolment and usage of Hard Token
  • Signing using DSC is not supported on mobile devices and browsers

Pre-requisites for installing Web socket installer


  • Windows 32 / 64 bit OS

  • Java 1.6 JRE 1.6.0_38+, Java 1.7, Java 1.8

  • Windows: Admin access to install the emSigner component

  • Any one of the following ports should be free

    1. 1585

    2. 2095

    3. 2568

    4. 2868

    5. 4587

3. Downloading and Installing the Web Socket Installer

For downloading and installing the Web Socket Installer, perform the following steps:

  1. Download the Web Socket Installer from the DSC Registration page of the GST Common Portal.
  2. Double-click the emSigner.msi executable file.
Downloading and Installing the Web Socket Installer
    3. The emSigner Setup assistant wizard is displayed. Click the Next button.

emsigner gst dsc setting

4. To install the emSigner in the default folder created under Program Files, click the Next button.

Note: You can click the Browse button, navigate and select the folder to install emSigner.

emsigner  GST DSC Setting

5. The emSigner Setup page is displayed. Click the Install button to begin the installation process.


emsigner  Good Service and Tax digital Signature Setting

emsigner  Good Service and Tax DSC Setting

6. Click the Finish button to exit the Set up wizard.

emSigner Setup page after install Set up wizard

7. Right click the emSigner icon placed on your Desktop and run as Administrator.

System Requirements for Usage of Digital Signature Certificate


8. A message indicating the start of the emSigner service is displayed. Click the OK button.

GST Digital Signature Certificate Setting

On successful set up, Digital Signature Signer window is displayed.

Digital Signature Signer window

Posted on: June 17, 2019   Author: Taxhint Team Read More
FSSAI Annual Return

FSSAI Annual Return


FSSAI license holders required to furnish periodic annual return (1st April to 31st March). This is within upto 31st May of each year. For those food business operatores collecting, manufacturing or handling milk and milk products, half yearly returns from 1st April to 30th September must file carefully.


Required Information for file Annual FSSAI Return


All food related business like food manufacturers, labelers, re-labelers, importers, exporters, packers, and re-packers are required to file FSSAI annual return either electronically or in Physical forms may be prescribed by concerned fssai food safety Commissioner, in Application Form D-1, on or before 31st May of each year to the Licensing Authority with respect to the type of food products manufactured or sold by him during the previous financial year.

Every food business operator licensee engaged in the process of manufacturing of milk and/or milk products, is required to file annual returns on half yearly basis for the time period 1st April to 30th September and 1st October to 31st March of every financial year in the application form D-2, within 1 month from the end of the time period. This return is more information as compared to application Form D-1.


Essential details to furnish while filing Annual Returns


Required to file an annual return for food product

  • 1. Name of the food product manufactured, imported, exported and handled.
  • Size of bottle and any other package like, PP and bulk package. Quantity in Metric Ton.
  • 2. The selling cost of per Kg or per unit of packing
  • 3. Value
  • 4. Quantity in Metric Ton.
  • 5. Importer or Exporter quantity in Kg.
  • 6. The list of information of countries or port where they are exported
  • 7. Rate per unit or per Kg of packing F.O.B. or C.I.F.

Type of fssai annual returns form


1) Annual Return Form D1


All the food manufacturers, labellers, re-labellers,  packers, and re-packers, importers and exporters, etc. required to the fssai annual return Form D1 necessary, either online or in physical form as prescribed by the Food Safety Commissioner.

The FSSAI annual return, Form D1 should be filed on or before 31st May of every financial year to the Licensing Authority depending on the food products sold by the food business operator in the preceding financial year


What is a ANNUAL RETURN FORM D1?


Form D1 is the Annual Return to be filed by all manufacturers and importers, exporters etc having FSSAI license.


NEEDS TO FILE FORM D1?


Following individuals need to file the FSSAI annual return in the Form D-1 to the Food Licensing Authority with regard to the type of food products manufactured or sold by them during the preceding financial year:

  1. Food manufacturers
  2. Labelers
  • Importers
  1. Packers and
  2. Every FBO except the ones dealing in milk and milk products.
  • This Form has details of the type of food products being handled, manufactured, exported, throughout the year.
  • The time Period for filing fssai annual returns is 1st April to 31st March (half yearly basis from 1st April to 30th September and from 1st October to 31st March of every financial year)1

2) Half-Yearly Return Form D2

The Form D2 is a half-yearly return and isn’t for every FBO, this needs to be filed by every FBO FSSAI license holder who is involved in the business of manufacturing or importing of milk and/or milk products.

FSSAI annual return, Form D2 must be filed on a half yearly basis. The time period for the filing fssai annual returns on half yearly basis from 1st April to 30th September and from 1st October to 31st March of every financial year in the application form D-2 within 1 month from the end period


Exempted from filing FSSAI Return?


The FSSAI registration through an exemption notification issued or new decision has been implemented from 10th June 2014, has exempted the following entities required from filing Annual Return:

  • 1. Fast food joints
  • 2. Restaurants
  • 3. Grocery stores
  • 4. Canteens

Fines or penalty for a delay in filing FSSAI Return?


In case of any delay in filing annual return beyond 31st May, a Fines or penalty of Rs. 100 shall be imposed for per day for the time for which the delay continues.


Needs to fill FSSAI Anual Returns Form?


  • Every FBO other than milk and milk products have to file annual returns with the FSSAI.
  • This Form has the fact of the food foodstuffs being handled, manufactured, and imported, exported, throughout the year.
  • The time Period for filing fssai annual returns is 1st April to 31st March (half yearly basis from 1st April to 30th September and from 1stOctober to 31st March of every financial year)

Posted on: June 20, 2019   Author: Taxhint Team Read More
Form NFRA 1

FORM NFRA 1

The Ministry of Corporate Affairs along with the National Financial Reporting Authority has deployed Form NFRA 1 on the website of NFRA i.e. www.nfra.gov.in on July 1, 2019. There has been a lot of confusion with regard to the applicability of Form NFRA 1.

Background

The Ministry of Corporate Affairs vides its Notification No. G.S.R. 1111(E) dated November 13, 2018, notifies   National Financial Reporting Authority Rules, 2018. The National Financial Reporting Authority was constituted by the Central Government to provide for matters relating to accounting and auditing standards under this Act. National Financial Reporting Authority shall make recommendations to the Central Government on the formulation and laying down of accounting and auditing policies and standards for adoption by companies or class of companies or their auditors and to monitor and enforce the compliance with accounting standards and auditing standards and to oversee the quality of service of the professions associated with ensuring compliance with such standards, and suggest measures required for improvement in quality of service and such other related matters.


Applicability of NFRA Rules, 2018

The Following class of Companies are governed by NFRA:-

  1. Companies whose securities are listed on any stock exchange in India or outside India;
  2. unlisted public companies-
    1. having paid-up capital of not less than Rs. 500 crores; or
    2. having an annual turnover of not less than Rs. 1000 crores; or
    3. having, in the aggregate, outstanding loans, debentures and deposits of not less than Rs. 500 crores as on the 31st March of immediately preceding financial year; 
  3. insurance companies, banking companies, companies engaged in the generation or supply of electricity, companies governed by any special Act.
  4. anybody corporate or company or person, or any class of bodies corporate or companies or persons, on a reference made to the Authority by the Central Government in public interest; and
  5. a body corporate incorporated or registered outside India, which is a subsidiary or associate company of any company or body corporate incorporated or registered in India as referred to in clauses (1) to (4), if the income or net worth of such subsidiary or associate company exceeds twenty percent. of the consolidated income or consolidated net worth of such company.

Filing of Form NFRA 1

As per the plain reading of the provisions related to the filing of Form NFRA 1:

  1. Every existing body corporate other than a company governed by these rules shall inform the Authority within thirty days of the commencement of these rules, in Form NFRA-1, the particulars of the auditor as on the date of commencement of these rules.
  2. Everybody corporate, other than a company as defined in clause (20) of section 2, formed in India and governed under this rule shall, within fifteen days of appointment of an auditor under sub-section (1) of section 139, inform the Authority in Form NFRA-1, the particulars of the auditor appointed by such body corporate

Provided that a body corporate governed under clause (e) of sub-rule (1) shall provide details of appointment of its auditor in Form NFRA-1.


Confusion

On a plain reading of the above-mentioned provisions related to the filing of NFRA 1, it might be said that there is some drafting error in the Rules. Since the Rule states that:

"Every existing body corporate other than a company governed by these rules shall inform the Authority within thirty days of the commencement of these rules, in Form NFRA-1, the particulars of the auditor as on the date of commencement of these rules."

which can be interpreted as that everybody corporate other than the companies governed by these rules are required to file NFRA-1 within 30 days of deployment of Form NFRA-1, but this might not be the intention of Lawmaker. The details of Auditors of the Companies are already required to be filed on the website of the MCA by the Companies in eForm ADT-1.

 

If the provisions drafted in the following manner, then there would be more clarity:

"Every existing body corporate, other than a company, governed by these rules, shall inform the Authority within thirty days of the commencement of these rules, in Form NFRA-1, the particulars of the auditor as on the date of commencement of these rules."

 

If the provisions would have been drafted in the above manner, then it clarifies that everybody corporate governed by these rules other than a Company is required to file Form NFRA-1. As the details of the auditors shall be filed by the Company eForm ADT-1 as per the Companies Act, 2013, to avoid repetition of task Companies must be exempted from the provisions. Further, other Body Corporate governed by these Rules are required to file Form NFRA-1.

Conclusion

 

  1. Companies are exempted from filing of NFRA-1 since they have to file Auditors' details in form ADT-1
  2. Body Corporate like companies incorporated or registered outside India to which these Rules apply or Companies governed by special Act are required to file NFRA-1 till July 31, 2019, and NFRA-1 within 15 days of the appointment of auditors.


Disclaimer

Law is a matter of interpretation and the Author has taken the utmost care while drafting the article but it may occur that certain error creeps in. This article is for academic purposes and should not be treated as professional advice. The readers are advised to refer to the Bare Acts and Rules before making any judgment.

Posted on: July 06, 2019   Author: Jyotsna - Expert Advisor Corporate Law & Intellectual Properties Read More
Eform BEN- 2


BEN- 2 FORM

EForm BEN - 2

The Ministry of Corporate Affairs vides its notification no. G.S.R. 466(E)dated July 1, 2019, has substituted eForm BEN - 2 - Return to the Registrar in respect of declaration under section 90.



Background

Significant Beneficial Owner:-SBO is an individual whose name is not entered in the Register of members of the Company but exercising significant influence either alone or together with other persons.

The intention of the legislature behind the provisions of SBO is to track the Individual who is the beneficial owner behind all the artificial persons like Company, Trust, LLP, Partnership Firm. Since the provisions have been framed to identify the ultimate beneficial owners.



Provisions

Meaning of SBO

As per the amended Section 90 of the Companies Act, 2013 (‘Act’), SBO is referred to as-

Every individual, who acting alone or together, or through one or more persons or trust, including a trust and persons resident outside India, holds beneficial interest, of not less than twenty-five percent. or such other percentage as may be prescribed, in shares of a company or the right to exercise, or the actual exercising of significant influence or control as defined in clause (27) of section 2.

As per SBO Rules: SBO in relation to a reporting company means an individual referred to in subsection (1) of section 90, who acting alone or together, or through one or more persons or trust, possesses one or more of the following rights or entitlements in such reporting company, namely:-

  1. holds indirectly, or together with any direct holdings, not less than ten percent. of the shares;
  2. holds indirectly, or together with any direct holdings, not less than ten percent. of the voting rights in the shares;
  3. has right to receive or participate in not less than ten percent. of the total distributable dividend, or any other distribution, in a financial year through indirect holdings alone, or together with any direct holdings;
  4. has the right to exercise, or actually exercises, significant influence or control, in any manner other than through direct holdings alone:

Explanation I. – For the purpose of this clause, if an individual does not hold any right or entitlement indirectly under sub-clauses (i), (ii) or (iii), he shall not be considered to be a significant beneficial owner.



Meaning of Direct Holding

An individual shall be considered to hold a right or entitlement directly in the reporting company if he satisfies any of the following criteria, namely.–

  1. the shares in the reporting company representing such right or entitlement are held in the name of the individual;
  2. the individual holds or acquires a beneficial interest in the share of the reporting company under subsection (2) of section 89, and has made a declaration in this regard to the reporting company.


Meaning of indirect holding:

An individual shall be considered to hold a right or entitlement indirectly in the reporting company, if he satisfies any of the following criteria, in respect of a member of the reporting company, namely:-

  1. where the member of the reporting company is a body corporate (whether incorporated or registered in India or abroad), other than a limited liability partnership, and the individual,––
    1. holds the majority stake in that member, or
    2. holds the majority stake in the ultimate holding company (whether incorporated or registered in India or abroad) of that member;
  2. where the member of the reporting company is a Hindu Undivided Family (HUF) (through Karta), and the individual is the Karta of the HUF;
  3. where the member of the reporting company is a partnership entity (through itself or a partner), and the individual;
    1. is a partner; or
    2. holds the majority stake in the body corporate which is a partner of the partnership entity,
    3. holds the majority stake in the ultimate holding company of the body corporate which is a partner of the partnership entity.
  4. where the member of the reporting company is a trust (through the trustee), and the individual,-
    1. is a trustee in case of a discretionary trust or a charitable trust;
    2. is a beneficiary in case of a specific trust;
    3. is the author or settlor in case of a revocable trust.
  5. where the member of the reporting company is,-
    1. a pooled investment vehicle; or
    2. an entity controlled by the pooled investment vehicle, based in member State of the Financial Action Task Force on Money Laundering and the regulator of the securities market in such member State is a member of the International Organization of securities commissions, and the individual in relation to the pooled investment vehicle,-
    1. is a general partner; or
    2. is an investment manager; or
    3. is a Chief Officer where the investment manager of such a pooled vehicle is a body corporate or a partnership entity.


Meaning of Persons Acting together

If any individual, or individuals acting through any person or trust, act with a common intent or purpose of exercising any rights or entitlements, or exercising control or significant influence, over a reporting company, pursuant to an agreement or understanding, formal or informal, such individual, or individuals, acting through any person or trust, as the case may be, shall be deemed to be ‘acting together’.



Meaning of Significant Influence

The power to participate, directly or indirectly, in the financial and operating policy decisions of the reporting company but is not control or joint control of those policies.



Duty of the reporting company

Every reporting company shall in all cases where its member (other than an individual), holds not less than ten percent. of its;-

  1. shares, or
  2. voting rights, or
  3. right to receive or participate in the dividend or any other distribution payable in a financial year,

give notice to such member, seeking information (a declaration in Form No. BEN-1.) in accordance with subsection (5) of section 90, in Form No.BEN-4.



Declaration of significant beneficial ownership under section 90.-

  1. Every individual who is a significant beneficial owner in a reporting company shall file a declaration in Form No. BEN-1 to the reporting company within ninety days from such commencement of Rules (Rules Notifies on February 8, 2019).
  2. Every individual, who subsequently becomes a significant beneficial owner, or where his significant beneficial ownership undergoes any change shall file a declaration in Form No. BEN-1 to the reporting company, within thirty days of acquiring such significant beneficial ownership or any change therein.


Due date for receiving Declaration

According to Rule 3(1), every individual who is a significant beneficial owner in the reporting company on the date of commencement of these amendment rules shall file a declaration in Form BEN-1 to the reporting Company within 90 days from the commencement of these rules. i.e. May 8, 2019 (90 days from February 8, 2019).



Return of significant beneficial owners in shares

Upon receipt of declaration under rule 3, the reporting company shall file a return in Form No. BEN-2 with the Registrar in respect of such declaration, within a period of thirty days from the date of receipt of such declaration by it, along with the fees as prescribed in Companies (Registration offices and fees) Rules, 2014.



Due Date for filing eForm BEN-2

Eform BEN-2 is required to be filed within 30 days of receipt of the Declaration under Rule 3, since the due date of filing of declaration as per Rule 3 is May 8, 2019, and therefore the due date of filing of eForm shall be June 7, 2019. But the eForm BEN-2 was deployed by MCA on its website on July 1, 2019, therefore as of now the due date of filing of eForm BEN-2 is July 30, 2019 (thirty days from the deployment of eForm BEN-2)



Certification by Practicing Professional

The eForm requires certification by a Practicing Professional like usual certification in other MCA forms.



Attachment

The declaration under Section 90 read along with Rule 3 is required to be attached mandatorily.



Fees for filing eForm BEN-2

Nominal Share Capital

Fee applicable

Less than 1,00,000

Rupees 200

1,00,000 to 4,99,999

Rupees 300

5,00,000 to 24,99,999

Rupees 400

25,00,000 to 99,99,999

Rupees 500

1,00,00,000 or more

Rupees 600



Fee for filing e-Forms or documents in case of a company not have share capital – Rupees 200.

Additional Fees

Period of delays

All forms

Up to 30 days

2 times of normal fees

More than 30 days and up to 60 days

4 times of normal fees

More than 60 days and up to 90 days

6 times of normal fees

More than 90 days and up to 180 days

10 times of normal fees

More than 180 days

12 times of normal fees



Conclusion

The definition clarifies that if an individual does not hold any right or entitlement indirectly as per the above-mentioned clauses, then he should not be considered to be a significant beneficial owner. Therefore, as per this clarification, in order to be a SBO, a person must have an indirect right or entitlement and where the person has only direct holding, he shall not be termed as the SBO, where the owners are well disclosed to the company, the application of the said Rules will be of no use.

Further, the Companies who have Body corporate as its members having a shareholding of more than 10% are required to give the declaration of SBO in Form BEN 1, and the Company is required to file the same within 30 days of receipt.


Disclaimer

Law is a matter of interpretation and the Author has taken utmost care while drafting the article but it may occur that certain error creeps in. This article is for academic purposes and should not be treated as a piece of professional advice. The readers are advised to refer to the Bare Acts and Rules before making any judgment.

 

Posted on: July 06, 2019   Author: Jyotsna - Expert Advisor Corporate Law & Intellectual Properties Read More
Section 8: Formation of Companies with Charitable Objects, etc.

Section 8: Formation of Companies with Charitable Objects, etc.

Section 8 Company is a Company to be incorporated with the following conditions:

(a). has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object;

(b). intends to apply its profits, if any, or other income in promoting its objects; and

(c). intends to prohibit the payment of any dividend to its members.



Procedure/ Checklist for registration of Section 8 Company

  1. Application for Name Approval-
    Apply for name availability though RUN “Reserve Unique Name” facility. The proposed name of a section 8 company under the Act shall include the either of words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust and the like, etc. Fees for RUN is Rs. 1000/-. Applicant must furnish the main objects of the proposed company.
  2. Application in Form INC-12-
    After approval of the name by ROC, the Applicant can make an application in Form INC-12 to the Registrar for a license under sub-section (1) of section 8. Fees for filing INC-12 is Rs. 2,000/- Documents to be attached with Form INC-12-
    1. Memorandum of Association in Form INC-13;
    2. Articles of Association; (No Specified format – But one can adopt for Table F)
    3. the declaration in Form INC-14 by an Advocate, a Chartered Accountant, Cost Accountant or Company Secretary in practice, that the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8;
    4. Declaration by each of the persons making the application in Form INC-15;
    5. an estimate of the future annual income and expenditure of the company for the next three years, specifying the sources of the income and the objects of the expenditure;
    Once the form INC-12 will be approved, License under section 8 will be issued in Form INC-16.
  3. Application in Form SPICe (INC-32) After receiving Central Government approval i.e. approval of form INC-12, Form SPICe (INC- 32) is required to be filed. Fees for filing Form SPICe (INC-32) depend upon the Authorised Capital and the state where the registered office of the Company is situated.
    Documents to be attached with Form SPICe (INC-32)-
    1. Memorandum of Association in Form INC-13;
    2. Articles of Association; (No Specified format – But one can adopt for Table F)
    3. Consent and Declaration by first Directors in form DIR-2;
    4. Affidavit by the first subscriber in form INC-9;
    5. PAN card & Address Proof of first directors and subscribers;
    6. Proof of Registered office address;
    7. Latest Utility Bill of Registered office like Electricity Bill;
    8. NOC of owner/director if the registered office is taken on rent/lease;
    9. A license issued in form INC-16 after approval of INC-12;
  4. Advantages of Section 8 Company
    1. Tax Exemption to the Donors: The donors who are contributing to Section 8 Companies, they can claim the Tax exemption against the donation they made to a Section 8 company.
    2. No minimum capital requirement: There is no prescribed limit over section 8 companies for the minimum capital requirement unlike other entities such as public limited, but the capital structure can be altered at any stage as the required for the growth of the company.
    3. No stamp duty payable: A section 8 Company is exempted for the payment of stamp duty applicable for registration as applicable in case of other structures such as private limited or a public limited company.
    4. Credible: A Section 8 Company has more credibility as compared to any other Non-profit organization structure be it a Trust or Society. As it is licensed by the central government. It has more stringent regulations such as no change in MOA and AOA can be done at any stage or situation in a Section 8 Company. A section 8 company due to its strict compliances as regard to functioning has a more reliable image in comparison to other legal structures.
    5. Exemption from requirement of mentioning Private Limited or Public Limited: A section 8 company does not require to use a suffix next to its name as Private Limited or Public Limited.
  5. Disadvantages of Registering Section 8 Companies
    1. The profits of the companies could only be used for its object fields only.
    2. There could be no distribution of its profits to its shareholders.
    3. No member related to Section 8 companies could be appointed as a remunerating officer.
    4. The members could enjoy zero benefits or allowance or any other advantages as such. They could only be reimbursed for their pocket expenses that might have occurred in the course.
    5. The main objective of such companies under section 8 is to use its profits in promoting the particular fields only and not for any other purpose.
    6. To alter or amend the Memorandum of Association or the articles of association, Section 8 Companies require to take the prior approval of the central Government.
    7. Income derived from Section 8 company would be applicable to pay tax though there are exemptions that don’t mean that they would completely be exempted from being subject to pay tax.


Exemptions to Section 8 Company

  1. Definition of Company Secretary Section 2(24) shall not apply to Section 8 Company. Section 8 Company can appoint a Company Secretary who may not be a member of ICSI.
  2. No requirement of Minimum Paid-up Capital. Section 8 Company need not maintain any minimum paid-up capital whether incorporated as Private or Public Company.
  3. Exemption from Section 96(2). The company can fix the next AGM date in the meeting of shareholders and based on the instructions the board can call for the AGM. in ordinary companies the board of directors alone have the power to call for AGM, However in case of section 8 company this power may be exercised by the shareholders.
  4. Section 8 company can call a general meeting by giving clear 14 days notice instead of clear 21 days notice.
  5. Exemption from the provision of Section 118 (Minutes and proceeding of Meetings). The section 118 shall not apply as a whole except that minutes may be recorded within thirty days of the conclusion of every meeting in case of companies where the articles of association provide for confirmation of minutes by circulation.
  6. Section 8 company can send a copy of the financial statements which are to be laid before a company in its general meeting to its members not less than 14 days before the date of the meeting instead of 21 days.
  7. Exemption under Section 149 (1) and Ist Proviso thereof. Section 8 company need not comply with the requirement of minimum and a maximum number of directors.
  8. Exemption from the appointment of Independent Directors: Section 8 company need not appoint independent directors.
  9. Exemption from obtaining consent from individuals to be appointed as Directors under Section 160.
  10. The restrictions on Directorship in 20 Companies under section 165(1) will not apply for section 8 companies.
  11. Exemption under Section 173 from holding 4 Board Meeting with a gap of not more than 120 days. Section 8 Company can hold meetings of the Board of Directors once in every six calendar months.
  12. The Quorum requirement of Board Meeting of a section 8 company shall be either 8 members or 25% of total strength whichever is less. However, the quorum shall not be less than 2 members.
  13. Section 8 company can have the Audit Committee without independent directors.
  14. Exemption from Section 178 - Section 8 company need not comply with requirements of section 178 with respect to constituting Nomination and Remuneration Committee and Stakeholders relationship committee.
  15. Section 8 company may decide following matters specified under section 179(3) bypassing resolution by circulation; 1. To borrow monies; 2. To invest the funds of the company; 3. To grant loans or give guarantee or provide security in respect of loans.
  16. Section 8 company need to comply with section 184(2) and section 189 (Disclosure of Interest) requirement only in case of transactions pertaining to section 188 where the terms and conditions of the contract or arrangement exceed Rs. 1,00,000.


Annual Filing of Section 8 Company:

The process of Annual Filing of Section 8 Companies is similar to other Private Limited or Public Limited Companies. The following forms are required to be filed with MCA.

      1. ADT-1 for the appointment of Auditor within 15 days of AGM
      2. AOC- 4/ AOC-4 XBRL for Financial Statements within 30 days of AGM
      3. MGT-7 for Annual Return within 60 days of AGM


Important Points about Section 8 Company

      1. A company registered under this section shall not alter the provisions of its memorandum or articles except with the previous approval of the Central Government.
      2. A company registered under this section may convert itself into the company of any other kind only after complying with such conditions as specified in Rule 21 of Companies (Incorporation Rules), 2014.
      3. If a company makes any default in complying with any of the requirements laid down in this section, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine which shall not be less than ten lakh rupees but which may extend to one crore rupees and the directors and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than twenty-five thousand rupees but which may extend to twenty-five lakh rupees, or with both.


Difference between Trust & Society

S No.

Trust

Section 8 Company

1

Trust is governed by the Indian Trust Act, 1882.

Section 8 Companies are governed by the Indian Companies Act, 2013.

2

Trusts are registered under the jurisdiction of Deputy Registrar/Charity commissioner of the relevant area.

The power to register a section 8 Company lies with the Regional Director & Registrar of Companies of the concerned state.

3

The primary instrument for Registration of Trust is the Trust deed.

The primary instrument for Registration of Section 8 Company is the Memorandum and Articles of Association.

4

At least two trustees are required to register as a public charitable trust.

Minimum 2 directors and shareholders. Directors and Shareholders can be the same person.

5

Trusts are governed by their trustees or by the board of trustees.

It is managed by the board of directors.

6

Indian public charitable trusts are generally irrevocable.

A section 8 Company may be wound up or strike Off.

7

There is no requirement of annual return filing.

There is a requirement of annual compliance by the filing of financial statements and the annual return of the company with the Registrar of Companies.

Posted on: July 20, 2019   Author: Jyotsna - Expert Advisor Corporate Law & Intellectual Properties Read More
MCA Notification on DIR 3 KYC

MCA Notification on DIR 3 KYC




The Ministry of Corporate Affairs vides its Notification no. G.S.R. 528(E) dated 25th July 2019, has amended Rule 11(2) of The Companies (Appointment and Qualification of Directors) Rules, 2014.



The text of Rule 11 sub-rule 2 shall be substituted as:

The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC  or the web service DIR-3-KYC-WEB as the case may be within stipulated time in accordance with rule 12A.


The text of Rule 11 sub-rule 3 shall be substituted as:

The de-activated DIN shall be re-activated only after e-form DIR-3-KYC or the web service DIR-3-KYC-WEB as the case may be is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.



Further, Rule 12A shall be substituted as:

12A Directors KYC

Every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th, September of immediate next financial year.

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March 2018, shall submit e-form DIR-3 KYC on or before 5th October 2018.

Provided further  that where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year:

Provided also that in case an individual desires to update his personal mobile number or the e-mail address, as the case may be, he shall update the same by submitting e-form DIR-3 KYC only.

Provided also that fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, shall be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.


 

DIR 3 KYC: Analysis

Before Amendment

After Amendment

Remarks

Rule 11(2) The Central Government or Regional Director (Northern Region), or any officer authorised by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC within stipulated time in accordance with rule 12A

Rule 11(2) The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC 3 or the web service DIR-3-KYC-WEB as the case may be within stipulated time in accordance with rule 12A

New web service was introduced on the website of MCA as DIR-3-KYC-WEB

Rule 11(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.

Rule 11(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC or the web service DIR-3-KYC-WEB as the case may be is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.

DIN shall be re-activated by filing through web-based service DIR-3-KYC-WEB along with fees of Rs. 5000/-

Rule 12A

Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year

as per these rules shall submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.

 

Provided that every individual who has already been allotted a Director

Identification Number (DIN) as at 31st March 2018, shall submit eform DIR-3 KYC on or before 31st August 2018.

Rule 12A

Every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th, September of immediate next financial year.

 

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March 2018, shall submit e-form DIR-3 KYC on or before 5th October 2018.

 

Provided further  that where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year:

 

Provided also that in case an individual desires to update his personal mobile number or the e-mail address, as the case may be, he shall update the same by submitting e-form DIR-3 KYC only.

Provided also that fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, shall be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.

 

 

1.    Earlier the due date of submitting DIR-3 KYC was April 30 which is now extended to September 30 of immediate next financial year.

2.    For the DIN holders as on March 31, 2018, the due date was already extended to October 5, 2018.

3.    The new proviso is inserted to clarify that the individuals who have already submitted e-form DIR-3 KYC in relation to any previous financial year, then they are required to submit web-form DIR-3 KYC-WEB if there is no change in the details already submitted in the previous year.

4.    In case there is any change in the e-mail address or mobile number then the individual is required to file e-form DIR-3 KYC only.




Steps for DIR-3 KYC - WEB based verification:

  1. Log in to your MCA Account
  2. Navigate to MCA Services - DIN services - DIR 3 KYC WEB
  3. Enter DIN No. to be verified by MCA
  4. Generate OTP's for email ID & mobile no.
  5. Enter the OTP's in the respective boxes
  6. Confirm the Details of Person (whose DIN was entered) appearing on the screen.
  7. Click SUBMIT
  8. Generate a Zero Rupee Challan
  9. Check SRN status for confirming the KYC verification.


DIR 3 KYC: Conclusion

 Every individual holding DIN as on March 31 of a Financial Year is required to submit e-form DIR-3 KYC by September 30 of immediate next financial year.

Further, those individuals who have already filed DIR-3 KYC in a previous financial year, they are required to confirm the details through DIR-3KYC web-based service if there is no change in the email ID or mobile no. submitted earlier in e-form DIR-3 KYC. In the case of any change in the email ID or mobile no., individuals are required to file e-form DIR-3 KYC.


DIR 3 KYC: Penalty

Any individual who is required to file KYC details in e-form DIR-3 KYC or DIR-3 KYC web-based services has not submitted the same by September 30, 2019, then their DIN  shall be marked as “Deactivated due to non-filing of DIR-3 KYC”.

Further, to re-activate the DIN the individual holding DIN is required to submit the details through e-form DIR-3 KYC or DIR-3 KYC web-based service with payment of additional fees of Rs. 5000/-

 

 

Posted on: August 01, 2019   Author: Jyotsna - Expert Advisor Corporate Law & Intellectual Properties Read More
MCA Notification on DIR-3 KYC

The Ministry of Corporate Affairs (MCA) vide its Notification no. G.S.R. 528(E) dated 25th July 2019, has amended Rule 11(2) of The Companies (Appointment and Qualification of Directors) Rules, 2014.


The text of Rule 11 sub-rule 2 shall be substituted as:

The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC  or the web service DIR-3-KYC-WEB as the case may be within stipulated time in accordance with rule 12A.


The text of Rule 11 sub-rule 3 shall be substituted as:

The de-activated DIN shall be re-activated only after e-form DIR-3-KYC or the web service DIR-3-KYC-WEB as the case may be is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.


Further, Rule 12A shall be substituted as:

12A Directors KYC

Every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th, September of immediate next financial year.

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March 2018, shall submit e-form DIR-3 KYC on or before 5th October 2018.

Provided further  that where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year:

Provided also that in case an individual desires to update his personal mobile number or the e-mail address, as the case may be, he shall update the same by submitting e-form DIR-3 KYC only.

Provided also that fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, shall be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.


Analysis

Before Amendment

After Amendment

Remarks

Rule 11(2) The Central Government or Regional Director (Northern Region), or any officer authorised by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC within stipulated time in accordance with rule 12A

Rule 11(2) The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC 3 or the web service DIR-3-KYC-WEB as the case may be within stipulated time in accordance with rule 12A

New web service was introduced on the website of MCA as DIR-3-KYC-WEB

Rule 11(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.

Rule 11(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC or the web service DIR-3-KYC-WEB as the case may be is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.

DIN shall be re-activated by filing though web-based service DIR-3-KYC-WEB along with fees of Rs. 5000/-

Rule 12A

Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year

as per these rules shall submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.

 

Provided that every individual who has already been allotted a Director

Identification Number (DIN) as at 31st March 2018, shall submit eform DIR-3 KYC on or before 31st August 2018.

Rule 12A

Every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th, September of immediate next financial year.

 

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March 2018, shall submit e-form DIR-3 KYC on or before 5th October 2018.

 

Provided further  that where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year:

 

Provided also that in case an individual desires to update his personal mobile number or the e-mail address, as the case may be, he shall update the same by submitting e-form DIR-3 KYC only.

Provided also that fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, shall be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.

 

 

1.    Earlier the due date of submitting DIR-3 KYC was April 30 which is now extended to September 30 of immediate next financial year.

2.    For the DIN holders as on March 31, 2018, the due date was already extended to October 5, 2018.

3.    The new proviso is inserted to clarify that the individuals who have already submitted e-form DIR-3 KYC in relation to any previous financial year, then they are required to submit web-form DIR-3 KYC-WEB if there is no change in the details already submitted in the previous year.

4.    In case there is any change in the e-mail address or mobile number then the individual is required to file e-form DIR-3 KYC only.




Steps for DIR-3 KYC - WEB based verification:

  1. Log in to your MCA Account
  2. Navigate to MCA Services - DIN services - DIR 3 KYC WEB
  3. Enter DIN No. to be verified by MCA
  4. Generate OTP's for email ID & mobile no.
  5. Enter the OTP's in the respective boxes
  6. Confirm the Details of Person (whose DIN was entered) appearing on the screen.
  7. Click SUBMIT
  8. Generate a Zero Rupee Challan
  9. Check SRN status for confirming the KYC verification.

Conclusion

 Every individual holding DIN as on March 31 of a Financial Year is required to submit e-form DIR-3 KYC by September 30 of immediate next financial year.

Further, those individuals who have already filed DIR-3 KYC in the previous financial year, they are required to confirm the details through DIR-3KYC web-based service if there is no change in the email ID or mobile no. submitted earlier in e-form DIR-3 KYC. In a case of any change in the email ID or mobile no., individuals are required to file e-form DIR-3 KYC.

Penalty

Any individual who is required to file KYC details in e-form DIR-3 KYC or DIR-3 KYC web-based services have not submitted the same by September 30, 2019, then their DIN  shall be marked as “Deactivated due to non-filing of DIR-3 KYC”.

Further, to re-activate the DIN the individual holding DIN is required to submit the details through e-form DIR-3 KYC or DIR-3 KYC web-based service with payment of additional fees of Rs. 5000/-

 

 


 

Posted on: July 31, 2019   Author: Team Read More
How can I help you?