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Company Law

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In India all companies are regulated under the Companies Act, 2013 and its rules and regulations. Ministry of Corporate Affairs (MCA) and its other offices i.e Registrar of Companies (ROC), Regional Director (RD) and Company Law Board (CLB) are regulatory agencies of the Government of India..

Company Law Services

COMPANY LAW SERVICESWe provide our services on all company law matters which include formation of company, periodical legal compliance, annual compliance, compliance on change in structure of directors or shareholders, representation/liaison with MCA/ROC/RD/CLB and other regulatory authorities.
  • Registration/Incorporation of New Private Limited Company/Public Limited Company/ Limited Liability Partnership (LLP).
  • Registration of Foreign Company u/s 592 as Branch office, Project office, Liaison office in India.
  • Director Identification Number (DIN).
  • Filing of Balance Sheet & Annual Return to MCA/ROC.
  • Filing/submission of forms, documents, papers, returns with Registrar of Companies (ROC)/ Ministry of Corporate Affairs (MCA)/Regional Director/Company Law Board (CLB).
  • Issue of shares, transfer of shares etc.
  • Change of Name of existing company.
  • Increasing of Authorised Share Capital.
  • Alteration in object clause of Memorandum of Association.
  • Alteration/modification in Memorandum of Association/Articles of Association.
  • Conversion of private company into public company or vice versa.
  • Change of Registered Office from one state to another state.
  • Secretarial Compliance Certificate under Section 383A. (Required to all companies having Paid-up share capital Rs. 10.00 Lacs to Rs. 5.00 Crores). Secretarial Audit.
  • Maintaining of statutory registers & records including Minutes of Board of Directors and Company General Meetings.
  • Any approval, representation & liaison with Ministry of Corporate Affairs (MCA)/ Registrar of Companies (ROC) Regional Director (RD)/Company Law Board (CLB)/Stock Exchange/SEBI.

Private Limited Company

A company may be incorporated as Private Limited Company under the Companies Act, 2013

Important points to consider in Formation of Private Limited Company in India

  • Any person Indian/Foreigner can be Director in Indian Company.
  • Any Individual/Company (Indian/Foreigner) can be Shareholder in Indian Company. (however foreigner needs to comply with foreign exchange laws as defined in India). Minimum Share capital INR 100,000.
  • Directors - Minimum Two.
  • Shareholders – Minimum Two and Maximum Fifty.

Procedure Formation of Private Limited Company in India

  • Selection of Company name for approval.
  • Obtaining Director Identification Number (DIN).
  • Obtaining Digital Signature Certificate (DSC) Class -2.
  • Filing application for company name Approval.
  • Drafting of Memorandum (MOA) & Articles of Association (AOA).
  • Filing of all documents to Ministry of Corporate Affairs (MCA).
  • Obtaining Company Registration Certificate.
  • On receiving company registration certificate, company can start business operation, open bank account etc.

Public Limited Company

A company may be incorporated as Public Limited Company under the Companies Act, 2013.


Important points to consider in Formation of Public Limited Company in India

  • Any person Indian/Foreigner can be Director in Indian Company.
  • Any Individual/Company (Indian/Foreigner) can be Shareholder in Indian Company. (however foreigner needs to comply with foreign exchange laws as defined in India). Minimum Capital INR 500,000.
  • Directors - Minimum Three.
  • Shareholders – Minimum Seven and maximum No Limit.

Procedure Formation of Public Limited Company in India

  • Selection of Company name for approval.
  • Obtaining Director Identification Number (DIN).
  • Obtaining Digital Signature Certificate (DSC) Class -2.
  • Filing application for company name Approval.
  • Drafting of Memorandum (MOA) & Articles of Association (AOA).
  • Filing of all documents to Ministry of Corporate Affairs (MCA).
  • Obtaining Company Registration Certificate.
  • Filing documents for commencement of business.
  • Obtaining Registration Certificate for commencement of business.
  • On receiving Registration Certificate for commencement of business, company can start business operation, open bank account etc.

Limited Liability Partnership (LLP)

The purpose of Limited Liability Partnership is to provide a form of business organization, which provides Limited liability to the owners and at the same time it is simple.

The salient features of LLP are:


Limited Liability

The owner i.e. partners are liable to the extent of their contributions of the firm. In other words they are not liable to the outside creditors etc personally.

Simplicity

Compared to formation and running of a company, the formation and running of the LLP is simple. There is no specific requirement regarding members meetings, resolutions, annual meetings etc.

Minimum Number of Partners


Minimum number of partners required to form a LLP is 2 (two).

Maximum Number of Partners


There is no limit regarding maximum number partners.

Separate Legal Entity

LLP is a Separate Entity and it can own properties in its own name and it alone will be liable to its liabilities.

Perpetual Existence

A LLP is a juristic person and its existence does not depend on the partners. The partners of a LLP may keep changing from time, but it will not affect the LLP's continuity.

Capacity to Sue and be Sued

A LLP is a body corporate and it can sue and to be sued in its own.

Procedure formation of Limited Liability Partnership (LLP)

Membership

To incorporate a LLP minimum 2 persons are required. As discussed earlier there is no maximum number of persons who can join to incorporate LLP. The following persons can be partners in a LLP:

  • Individuals
  • Limited Liability Partnership.
  • Companies.
  • Foreign Company
  • Foreign Limited Liability Partnership.

Designated Partners

The LLP has to designate two partners and they will be liable for filing returns, documents etc. with the registrar.

Agreement


Agreement between the partners is the most important document in the case of LLP.

Application for Reservation of Name

Application for reservation of name with which the proposed LLP is to be registered is to be made the Registrar

Incorporation


To Incorporate a LLP, the incorporation document shall be filed with the Registrar.

Starting the Business


After the LLP has been registered, it can start the business.

Conversion


Existing Partnership firms and unlisted companies can be converted into LLP.

Corporate Law Advisor

We are dominant service provider on Company Law, Company Registration, MCA/ROC/CLB, FEMA, FDI, FIPB, RBI, Foreign Branch/ Joint Venture in India, Trade Mark, Copyright, Design/Patent, IEM, Industrial License, Society, taxation etc.

Address : Contact Person : Phone No. :
170/11, Bhikam Colony, Tigaon Road, Ballabgarh, Faridabad-121004,
NCR NEW DELHI, INDIA
Ms. Shubhra Agrawal (Director) +91-129-2242098
+91-129-2242099
Mobile No.: Email Id :
+91-9899527348
+91-9811636067
chsindia@gmail.com, info@chsindia.com