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Main Object of Stone Trading Company

  1. To carry on in India or elsewhere the business as manufacturers, producers, processors, importers, exporters, buyers, sellers, stockiest, agent, reseller, merchants, suppliers, crushers, shapers, polishers, grinders, converters, finishers or otherwise deal in all kinds of granites, marbles, stones, tiles, glazed tiles, limestone, slate stones, Chalk, Clay, Precious stones, kota stones and other stones or deposits, tiles and other related products.
  2. To purchase, or otherwise take on lease, acquire any mining rights, mines, quarrying, setting up cutting and polishing unit, trading in granite blocks, polished slabs, tiles, monuments, slate stone and marbles.
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(Hindi) How to Register Private Security Agency Business in Rajasthan

प्रत्येक व्यक्ति या संस्था राजस्थान में व्यवसाय की निजी सुरक्षा एजेंसियों (सिक्योरिटी गार्ड बिज़नेस) को चलाना चाहती है, होमगार्ड ऑफिस में होमगार्ड के महानिदेशक को एक आवेदन देकर व्यवसाय चलाने के लिए लाइसेंस लेना आवश्यक है।

निजी सुरक्षा एजेंसी व्यवसाय लाइसेंस के लिए कौन आवेदन कर सकता है:

  • प्रोप्राइटरशिप फर्म के तहत व्यक्तिगत
  • साझेदारी फर्म  (Partnership Firm)
  • सीमित दायित्व भागीदारी ( LLP)
  • प्राइवेट लिमिटेड कंपनी

निजी सुरक्षा एजेंसी लाइसेंस के लिए आवेदन करने के लिए आवश्यक सूचना और दस्तावेज:

  • व्यक्तिगत / भागीदारों / निदेशकों का पैन कार्ड
  • व्यक्तिगत / भागीदारों / निदेशकों का आधार कार्ड
  • व्यक्तिगत / साझेदारों / निदेशकों की मतदाता पहचान पत्र / डीएल बिजली का बिल और
  • किराया समझौता, यदि कार्यालय के पते पर किराए पर लिया जाता है (प्रक्रिया के दौरान कार्यालय का पुलिस सत्यापन होगा)
  • प्राधिकृत हस्ताक्षरकर्ता की पाँच पासपोर्ट आकार की तस्वीर
  • बोर्ड संकल्प विधिवत पारित फर्म / कंपनी का
  • दुकान अधिनियम लाइसेंस (यदि आपको दुकान अधिनियम लाइसेंस प्राप्त करने के लिए किसी भी मदद की आवश्यकता है, तो कृपया 9782280098 पर संपर्क करें
  • लेटरहेड पर फर्म का प्रोफाइल
  • फर्म का लोगो ड्रेस के साथ गार्ड की पूरी फोटो
  • पिछले अनुभव निल आपराधिक रिकॉर्ड
  • प्रशिक्षण लाइसेंस (हम आपको वह पाने में मदद करेंगे)
  • आवेदन पत्र के साथ होमगार्ड कार्यालय को देय आवश्यक शुल्क: रुपये का डीडी। 25000 / – राजस्थान के लिए और रु। अधिकतम 3 शहर के साथ प्रति शहर के लिए 5000 प्रक्रिया के लिए

समय सीमा: आम तौर पर प्रक्रिया के दौरान लगभग 3-6 महीने लगते हैं।

Fastlegal राजस्थान में निजी सुरक्षा एजेंसी व्यवसाय के लिए पंजीकरण सेवाएं प्रदान करता है, यदि आप कोई सहायता चाहते हैं तो कृपया हमें मेल करें [email protected] या 9782280098 पर कॉल करें

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भारत में एनजीओ के लिए NITI Aayog पंजीकरण- In Hindi

सरकारी अनुदान प्राप्त करने के लिए NGO के लिए NITI Aayog पंजीकरण आवश्यक है, अब सभी NGO और स्वैच्छिक संगठनों (VOs) के लिए FCRA पंजीकरण / नवीनीकरण के लिए आवेदन करने से पहले NITI Aayog के साथ पंजीकरण करना और मंत्रालयों या विभागों से अनुदान प्राप्त करना अनिवार्य है। केंद्र सरकार की।

एनजीओ के एनआईटीआईएओजी के साथ पंजीकरण करने के लिए आवश्यक जानकारी और दस्तावेज:

  • एनजीओ का नाम
  • एनजीओ का पूरा पता
  • ईमेल आईडी
  • मोबाइल No.
  • एनजीओ के पैन की कॉपी कार्यालय वाहक विवरण का विवरण:
    • सदस्य का नाम
    • जन्म की तारीख
    • पद
    • पैन कार्ड कॉपी
    • आधार कार्ड कॉपी
    • ईमेल आईडी
    • और मोबाइल नं 
    • संगठन में कार्य करना
  • एनजीओ के फंड का स्रोत
  • मुख्य संपर्क व्यक्ति
  • एनजीओ के कार्य क्षेत्र
  • एनजीओ द्वारा सर्वश्रेष्ठ आचरण प्रमुख गतिविधियाँ / उपलब्धियाँ

Fastlegal NGO के लिए NITI Aayog पंजीकरण सेवाएँ प्रदान करता है, कृपया हमें अपनी आवश्यकताओं के लिए +919782280098 पर संपर्क करें या हमें [email protected] पर ईमेल करें।

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FLA Return Due Date extended to 31st July 2019

*FLA return due date extended to 31.07.2019*

In view of the recent change in reporting platform for submission of FLA return, the last date for filing the FLA return for 2018-19 has been extended to July 31, 2019 for convenience of reporting this year.

https://flair.rbi.org.in/fla/faces/pages/login.xhtml

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NITI Aayog Registration for NGO in India

NITI Aayog Registration for NGO is required to get the government grants, Now it is mandatory for all NGOs and voluntary organizations (VOs) to Register with NITI Aayog  before applying for FCRA registration / renewal and to receive grant-in-aid from ministries or departments of the central government.

Information and Documents required to registration with NITI AAYOG of NGO:

  • Name of NGO
  • Full Address of NGO
  • Email Id
  • Mobile No
  • Copy of PAN of NGO
  • Following Details of Office Bearer Details:
    • Name of Member
    • Date Of Birth
    • Designation
    • Pan Card Copy
    • Aadhar Card Copy
    • Email id and Mobile no
    • Working in Organisation Since
  • Source of Funds of NGO
  • Key Contact Person
  • Working Areas of NGO
  • Best Practices Followed by NGO
  • Major Activities/Achievements

Fastlegal Provides NITI Aayog Registration Services for NGO , Please contact us at +919782280098 for your requirements or email us at [email protected]

 

 

 

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Frequently Asked questions (FAQs) for Annual Return on Foreign Liabilities and Assets (FLA)

The Reserve Bank’s Co-ordinated Direct Investment Survey (CDIS) and Co-ordinated Portfolio Investment Survey(CPIS) are conducted under the auspices of the International Monetary Fund (IMF), wherein information is collected from Indian resident companies/ LLPs / Others [(include SEBI registered Alternative Investment Funds (AIFs), Partnership Firms, Public Private Partnerships (PPP)] on their foreign financial liabilities and assets position as at end-March of the previous financial year (FY) and end-March of the latest FY. This information is also used in the compilation of India’s Balance of Payments (BoP) and International Investment Position (IIP).

 

Confidentiality Clause: The company-wise information so provided will be kept confidential and only consolidated aggregates will be released by the Reserve Bank.

 

Q 1. What will be the consequences in case we do not file the said FLA Return by 15th July, as our accounts are not audited as yet, and we do not wish to file it with unaudited figures. Will there be any imposition of penalty or prosecution initiated against the company by RBI or FEMA?

Ans:Annual return on Foreign Liabilities and Assets has been notified under FEMA 1999 and it is required to be submitted by all the India-resident companies which have received FDI and/ or made overseas investment in any of the previous year(s), including current year by July 15 every year. Non-filing of the return before due date will be treated as a violation of FEMA and penalty clause may be invoked for violation of FEMA (A.P. (DIR Series) Circular No. 29,dated February 02, 2017)

Q 2. What information should be reported in FLA return, if balance sheet of the company is not audited before the due date of submission?

Ans:If the company’s accounts are not audited before the due date of submission, i.e. July 15, then the FLA Return should be submitted based on unaudited (provisional) account. Once the accounts get audited and there are revisions from the provisional information submitted by the company, company can submit the revised FLA return based on audited accounts by end–September.

Q 3. In case where account closing period of the company is different from reference period (end-March), can we report the information as per account closing period?

Ans: No, the company cannot report the information as per the account closing period, in case it is different from March closing. Information should be reported for the reference period only, i.e. previous March and latest March, based on the company’s internal assessment.

Q 4. If theold/new company fails to file the FLA form before the due date; can the company submit the FLA form?

Ans: Yes, company can file the FLA return after due date by taking approval from RBI.

Q 5. If an old/new company wants to file the previous year FLA form; can the company file the previous year FLA form?

Ans: Yes, company can file the previous year FLA form (through online FLA portal only) by taking approval from RBI. For taking approval, they need to send mail to [email protected].

Q 6. If an old/new company wants to delete the previous version of FLA form or modify;can the company delete/modify the FLA return?

Ans: Yes, company can delete/modify the FLA return after taking the approval from RBI (RBI will provide due date on the FLA portal).

Q 7.What will do, ifthe company has submitted the FLA form in old format?

Ans: RBI will accept FLA form submitted through online portal only (Old format email-based FLA forms will not be accepted).

 General Definitions

 Q 8. What is meant by “Residence of Enterprises”?

Ans:An enterprise is said to have a centre of economic interest and to be a resident unit of a country (economic territory) when the enterprise is engaged in a significant amount of production of goods and/or services in that centre or when it owns land or buildings located in that centre. The enterprise must maintain at least one production establishment in the country and must plan to operate the establishment indefinitely or over a long period of time.

Q 9. What is Direct investment?

Ans: Direct investment is a category of international investment in which a resident entity in one economy [Direct Investor (DI)] acquires a lasting interest in an enterprise resident in another economy [Direct Investment Enterprise (DIE)]. It consists of two components, viz., Equity Capital and Other Capital.

Q 10. What is meant by “Equity Capital under Direct Investment”?

Ans:It covers (1) foreign equity in branches and all shares (except non-participating preference shares) in subsidiaries and associates; (2) contributions such as the provision of machinery, land & building(s) by a direct investor to a DIE by equity participation; (3) acquisition of shares by a DIE in its direct investor company, termed as reverse investment (i.e. claims on DI).

Q 11. What is “Other Capital under Direct Investment”?                                                                                                  

Ans: The other capital component (receivables and payables, except equity and participating preference shares investment) of direct investment covers the outstanding liabilities or claims arising due to borrowing and lending of funds, investment in debt securities, trade credits, financial leasing, share application money etc., between direct investors and DIEs and between two DIEs that share the same direct Investor. Non-participating preference shares owned by the direct investor are treated as debt securities & should be included in ‘other capital’.

Identification of the Indian company (Item 9, Section-I).

 

Q 12. What are definitions of “Foreign Subsidiary”, “Foreign Associate” and “Special Purpose Vehicle”                                                                                                                                                                                                           

Ans:

 

Foreign Subsidiary:

An Indian company is called as a Foreign Subsidiary if a non-resident investor owns more than 50% of the voting power/equity capital OR Where a non-resident investor and its subsidiary(s) combined own more than 50% of the voting power/equity capital of an Indian enterprise.

 

Foreign Associate:

An Indian company is called as Foreign Associate if non-resident investor owns at least 10% and no more than 50% of the voting power/equity capital OR Where non-resident investor and its subsidiary(s) combined own at least 10% but no more than 50% of the voting power/equity capital of an Indian enterprise.

 

Special Purpose Vehicle:

A special purpose Vehicle (SPV) is a legal entity (usually a limited company of some type or, sometimes, a limited partnership) created to fulfil narrow, specific or temporary objectives. SPV have little or no employment, or operations, or physical presence in the jurisdiction in which they are created by their parent enterprises, which are typically located in other jurisdictions (economies). They are often used as devices to raise capital or to hold assets and liabilities and usually do not undertake significant production.

Eligible Companies / Entities to Submit the FLA Return

Q13. Which entities are required to submit the FLA Return?

Ans:The annual return on Foreign Liabilities and Assets (FLA) is required to be submitted by the following entities which have received FDI (foreign direct investment) and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year i.e. who holds foreign assets or/andliabilities in their balance sheets;

  • A Company within the meaning of section 1(4) of the Companies Act, 2013.
  • A Limited Liability Partnership (LLP) registered under the Limited Liability Partnership Act, 2008
  • Others [includeSEBI registered Alternative Investment Funds (AIFs), Partnership Firms, Public Private Partnerships (PPP)]
Q 14. If a company / LLP / Others did not receive FDI or made overseas investment in any of the previous year(s) including the current year, do we need to submit the FLA return?

Ans: If an Indian company / LLP / Others does not have any outstanding investment in respect of inward and outward FDI as on end-March of reporting year, the company need not submit the FLA Return.

 Q 15. Whether a company needs to submit the FLA Return, if it has received only share application money?

Ans: If a company has received only share application money and does not have any outstanding foreign direct investment or overseas direct investment as on end-March of the reporting year, then the company is not required to fill-up the FLA return.

 Q 16. If the company has not received any inward FDI / made overseas investment in the latest year, do they need to submit the FLA Return?

Ans: If the company has not received any fresh FDI and/or overseas direct investment (ODI) in the latest year but has outstanding FDI or/and ODI, it is required to submit the FLA return each year by July 15. It needs to submit FLA return till it continues to have any outstanding FDI or/and ODI in its balance sheet.

Q 17. Is it required to submit any financial statements like balance sheet or P&L accounts (audited/ unaudited) along with the FLA return?

Ans: No balance sheet or profit loss accounts need to be submitted. Only annual return on FLA through online web-based reporting portal needs to be submitted before due date (July 15).

 Q 18. Whether FLA return is required to be submitted by registered partnership firms (registered under Partnership Registration Act) or branches or trustees, who have made overseas direct investment, or it is mandatory only for companies (registered under Companies Act, 1956)?

Ans: Yes, FLA return is required to be submitted by registered partnership firms (registered under Partnership Registration Act) or branches or trustees, who have made overseas direct investment.

Q 19. If non-resident shareholders of a company have transferred their shares to the residents during the reporting period, then whether that company is required to submit the FLA Return?

Ans: If all non-resident shareholders of a company have transferred their shares to the residents during the reporting period and the company does not have any outstanding investment in respect of inward and/or outward FDI as on end-March of reporting year, then the company need not submit the FLA return.

 Q 20. If company had issued the shares to non-resident on non-repatriable basis, whether that company is required to submit the FLA Return?

Ans: Shares issued by reporting company to non-resident on non-repatriable basis is not considered as foreign investment; therefore, such companies are not required to submit the FLA Return.

Q 21. How does the company report data and submit the FLA return to the RBI?

 Ans: All the steps, one by one for online web-based reporting of annual return on FLA are provided in user manuals and FAQ 2 for FLA. A company should read

  • User manual on “FLA User Registration Form” and

 

  • User manual on reporting of “Annual Return on FLA” for all sections for step by step procedure for filling the FLA return.

 

  • FAQ – 2 for FLA

 

 

System Requirement for the FLA Return

 

Q 22.What is the system requirement at company’s side for filling the FLA Return through web-based online portal?

 

Ans: One needs to have access to the URL https://flair.rbi.org.in, any of internet explorer, google chrome, firefox etc. would support this application.

 

 Q 23. Where can company / LLP / Othersgetthe format of Annual Return on Foreign Liabilities and Assets (FLA Return)?

 

Ans: The format is available on https://flair.rbi.org.inHowever, the format and email-based reporting system has been replaced by the online web-based reportingfor submission of annual FLA return from June 1, 2019 (i.e., reporting from the 2018-19 round of FLA). In this web-based reporting system of FLA, entities first need to create business-user through “FLA User Registration form”.

 

Q 24. We have already submitted a hard copy of the FLA return with your office. Do we need to re-submit the FLA return through online web-portal?

 

Ans: For the data pertaining to 2018-19, the return has to be submitted through online web-based reporting portal as the previous mechanism of reporting is discontinued with the commencement of the revised FLA information reporting system (FLAIR), which has inbuilt checks and validations. So, if there are any discrepancies in the furnished information, you will be able to know and rectify them at your end before the final submission. Further, data submission through online reporting portal, you will receive the system generated acknowledgementinstantly.

 

 

Q 25.How would an acknowledgement be provided to us on submission of the form?

 

Ans: You will receive the system-generated acknowledgement of FLA data submitted by you at the time of final submission itself. No separate mail will be sent in this regard.

 

 

Q 26.What are participating and non-participating preference shares?

 

Ans: Participating preference shares are those shares which have one or more of the following rights:

(a) To receive dividend, out of surplus profit after paying the dividend to equity shareholders.

(b) To have share in surplus assets remaining after the entire capital is paid in case of winding up of the company.

 

On the other hand, Non-participating Preference Shares are those shares which do not have any of the above said rights.

 

Q 27. How the Net Worth of the company is calculated?

 

Ans: Formula for Net Worth is = Total Equity & Participating Preference Share capital + Reserves and Surplus (this field is automated in FLA form section-II, companies are not required to compute it separately).

 

Q 28.Whether equity participation includes equity shares as well as compulsorily convertible debentures (CCD)?

 

Ans: Compulsorily convertible debentures (CCD) issued by the company should not be included in the paid-up capital while furnishing the information in Paid-up capital (in Section II of the FLA Return). However, if the CCDs / Debentures are held by the non-resident direct investor who is holding the equity shares of Indian reporting company, then CCD / Debentures holding should be reported in ‘other capital’ component of 1.b FDI or 2.b DI (in Section III), depending upon the per cent equity held by the non-resident direct investor. However, if the investor holds only CCD as on end March, then it should be reported in item 2.2 of 3. Portfolio Investment in India (in Section-III). Similar treatment should be considered while reporting the compulsory convertible preference shares also.

 

Q 29. What isForeign Direct Investment (FDI) in India?

 

Ans: If the Indian company has issued the shares to non-resident entities under the FDI scheme in India, then it should be reported under the Foreign Direct Investment in India (Liabilities), Section III of the return. If the non-resident entity holds the 10 per cent or more equity plus participating preference shares together, in the reporting Indian company, then it should be reported under 1.b FDI of section III. However, if non-resident entity holds less than 10 per cent of the equity plus participating preference shares capital of reporting Indian company, then it should be reported under 2.b DI of section III. In both the cases, the non-resident entity is called as the Direct Investor (DI) while the reporting Indian company is called as Direct Investment Enterprise (DIE).

 

If the reporting Indian company also holds the equity shares in its DI company abroad and if its shareholding is less than 10 per cent of equity capital of DI company, then it is called as reverse investment and same should be reported under item 1.2 (claims on direct investor) of the respective blocks, i.e. 1.b FDI and 2.b DI of section III.

 

 

Q 30.What valuation guidelines are used while reporting foreign equity investment for unlisted companies?

 

Ans: This field will be automatically calculated in online web-based reporting (item 1.1, Section III). Companies are not required to compute it separately. However, for your information, calculation of market value of equity capital for unlisted companies (using the OFBV method) is as follows:

Market value of equity capital held by Non- resident at OFBV for current year/previous year

= (Net worth of the company for current year/previous year) * (% non-resident equity holding for current year/previous year)

Where, Net worth of the company

= (Paid up Equity & Participating Preference share capital of company + Reserves & Surplus – Accumulated losses)

 

Q 31. What valuation guidelines are used while reporting foreign equity investment for listed companies?

 

Ans:This field will be automatically calculated in online web-based reporting (item 1.1, Section III). Companies are not required to compute it separately. However, for your information, If the Indian reporting company is listed then closing share price as on reference period, i.e. end-March of previous and current year should be used for valuation of non-resident equity investment.

Q 32.What constitute the ‘Other Capital’ component of FDI?

 

Ans: Other capital is a debt which is to be reported as follows;

(a) Other capital, item 2.1 & 2.2 of Section III (1.b FDI) includes all other liabilities and claims at Nominal value, except equity and participating preference shares, (i.e. trade credit, loan, debentures, Non-participating share capital, other accounts receivable and payables etc.) of Indian reporting company with its direct investors holding more than 10 per cent equity.

(b) Other capital, item 2.1 & 2.2 of Section III (2.b Direct Investment) includes all other liabilities and claims at Nominal value, except equity and participating preference shares, (i.e. trade credit, loan, debentures, Non-participating share capital, other accounts receivable and payables etc.) of Indian reporting company with non-resident investors holding less than 10 per cent equity and indirect related parties (fellow enterprise or ultimate parent company or group company etc.).

 

 

Q 33.What is the definition of related party?

 

Ans: A related party is a person or entity that is related to the entity that is preparing its financial statements (referred to as the ‘reporting entity’).

A person or a close member of that person’s family is related to a reporting entity if that person:

(i) has control or joint control over the reporting entity;

(ii) has significant influence over the reporting entity; or

(iii) is a member of the key management personnel of the reporting entity or of a parent of the reporting entity.

In the definition of a related party, an associate includes subsidiaries of the associate and a joint venture includes subsidiaries of the joint venture. Therefore, for example, an associate’s subsidiary and the investor that has significant influence over the associate are related to each other.

 

Q 34.In the FLA Return, whether FDI should be reported based on the country of immediate investor or country of ultimate holding company? Where should we report the receivable/ payables with non-resident ultimate holding company?

 

Ans: Above situation is better explained with following case:

Example: A company incorporated in Mauritius has invested into Indian company. The parent company of Mauritian company is incorporated in USA. So, whether claims and liabilities of Indian company with parent company incorporated in USA also needs to be disclosed in the FLA Return and if yes, where?

Solution: While filling the FLA return, FDI reporting should be based on the country of immediate investor. However, if there are any receivables/payables with the non-resident ultimate holding company, then same should also be reported at ‘Other capital’ component of 2.b DI under Section III.

In respect of the above example, claims and liabilities of Indian company with the parent USA Company will be reported at ‘Other capital’ component of 2.b DI under Section III.

 

Q 35. Whether, any assets or liabilities for Indian party (i.e. domestic assets and liabilities) are to be included in the FLA Return?

 

Ans:  Any domestic liabilities or assets (even if it is in foreign currency) should not be reported in the FLA return.

 

Q36. What is Direct Investment abroad by Indian companies?

Ans: If the reporting Indian company invests in equity and/or participating preference shares of overseas company, under the Overseas Direct Investment Scheme in India, i.e. investment in Joint venture or wholly owned subsidiaries abroad, then it should be reported under Section IV of the FLA return. If the Indian company holds 10 per cent or more equity plus participating preference shares together, in overseas company, then it should be reported under 1.b ODI (item 1.1, claims on direct investment enterprise). However, if the Indian company holds less than 10 per cent of the equity plus participating preference shares capital of overseas company, then it should be reported under 2.b DI (item 1.1, claims on direct investment enterprise). In both the cases, the Indian company is called as the Direct Investor (DI) while the overseas company is called as Direct Investment Enterprise (DIE).

Q 37.If the overseas subsidiaries/ joint venture company’s accounting period is different from the reference/reporting period (i.e. April-March) in the Return, then what information should we furnished in Section IV?

 

Ans: Companies are required to furnish the information on outstanding external liabilities and assets as on end-March of previous and latest year. In case if the accounting period of overseas subsidiaries/ joint venture of Indian reporting company is different from the reference period, then the information for end-March should be given on internal assessment basis.

 

Q 38.What constitute the ‘Other Capital’ component of ODI?

 

Ans: Other capital is a debt which to be reported as follows:

(a) Other capital, item 2.1 & 2.2 of 1.b ODI section IV, includes all other claims and liabilities at Nominal value, except equity shares, (i.e. trade credit, loan, debentures, Non-participating share capital, other accounts receivable and payables etc.) of Indian reporting company with its DIE reported in 1.b ODI.

(b) Other capital, item 2.1 & 2.2 of 2.b DI section IV, includes all other liabilities and claims at Nominal value, except equity, (i.e. trade credit, loan, debentures, Non-participating share capital, other accounts receivable and payables etc.) of Indian reporting company with non-resident companies where Indian company holds less than 10 per cent equity and also with indirect related parties (fellow enterprise or ultimate parent company or group company etc.).

 

Source :  https://flair.rbi.org.in

https://flair.rbi.org.in/fla/faces/pages/login.xhtml#

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Last Chance to file ACTIVE form INC 22A

Today 15th June, 2019 is last date to file form INC22A Active for companies .

Company not able to file form INC 22A within due date will have to pay late fee of Rs. 10000/-

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Section 8 Company Registration- No Requirement to File INC -12

With the ease in incorporation procedure for Company , MCA has come out with another notification that waives off filing of form INC-12 for Section 8 Companies, form INC -12 was required to be filed to ROC after obtaining name approval of the Company for obtaining Licence for Section 8 Company. Once the Licence for Incorporation of Section 8 company is obtained , the Company Incorporation application in SPICE form can be filed.

Now MCA has substituted the Form INC -12 with SPICE form and SPICE form to be amended accordingly.

Further in case of draft memorandum , the word Memorandum , further this also eases the incorporation process , as draft MOA was required to be filed with INC-12 earlier when applying for section 8 Company licence.

In case of Existing Company Company wants to Apply for conversion into section 8 company , the form INC -12 will be required to file for Application for grant of License to an existing company under Section 8

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Items not considered as deposits, in terms of Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 read with Section 73 of the Companies Act, 2013 by CS Arun Jain

Items not considered as deposits, in terms of Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 read with Section 73 of the Companies Act, 2013.

Sl.

No.

Particulars Amount
a. Amount received from –  
  (i) the Central Government; or  
  (ii) a State Government; or amount received from any other source whose repayment is guaranteed by the Central Government or State Government; or  
  (iii) amount received from a local authority; or  
  (iv) amount received from statutory authority constituted under an Act of Parliament or a State Legislature.  
b. Amount received from –  
  (i) Foreign Governments; or  
  (ii) Foreign or international banks;  
  (iii) Multilateral financial institutions;  
  (iv) Foreign Governments owned development financial institutions;  
  (v) Foreign export credit agencies;  
  (vi) Foreign collaborators;  
  (vii) Foreign body corporates;  
  (viii) Foreign citizens;  
  (ix) Foreign authorities or;  
  (x) Persons residents outside India subject to the provisions of Foreign Exchange Management Act, 1999 (42 of 1999).  
c. Amount received as –  
  i) A loan or facility from any banking company; or  
  (ii) From the state Bank of India or any of its subsidiary banks; or  
  (iii) From a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949); or  
  (iv) A corresponding new bank as defined in clause(d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980); or  
  (v) From a cooperative bank as defined in clause (b-ii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).  
d. Amount received as loan or financial assistance from –  
  (i) Public Financial Institutions notified by the Central Government; or  
  (ii) Any regional financial institutions; or  
  (iii) Insurance companies; or  
  (iv) Scheduled Banks as defined in the Reserve Bank of India Act,1934 (2 of 1934).  
e. Amount received against issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the Reserve Bank of India.  
f. Amount received by the company from any other company.  
g. Amount received and held pursuant to an offer made in accordance with the provisions of the Act towards subscription to any securities including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of securities applied for.  
h. Amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.  
i. (A) Amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking paripassu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company; or  
  (B) bonds or debentures compulsorily convertible into shares of the company within ten years.  
j. Amount raised by the issue of non-convertible debentures not constituting a charge on the assets of the company and listed on recognized stock exchange as per applicable regulations made by Securities and Exchange Board of India.  
k. Amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.  
l. Non-interest bearing amount received and held in trust.  
m. Amount received in course of , or for the purposes of the business of the company-  
  (i) As an advance for supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance.  
  (ii) As advance accounted for in any manner whatsoever, received in connection with consideration for immovable property under an agreement or arrangement, provided that such advance is adjusted against such property in accordance with the terms of agreement or arrangement.  
  (iii) As security deposit for performance of the contract of supply of goods or provision of services.  
  (iv) As advance received under long term projects for supply of capital goods except those covered under item (b) of sub- clause (xii) clause (c) of sub- rule (1) of rule (2) of the Companies (Acceptance of Deposits) Rules, 2014.  
  (v) As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per written agreement, if the period for providing such services does not exceed the period prevalent as per common business practice or five years, from the date of acceptance of such service whichever is less.  
  (vi) As advance received and allowed by any sectoral regulator or in accordance with directions of Central or State Government.  
  (vii) As an advance for subscription towards publication, whether in print or electronic to be adjusted against receipt of such publications.  
  (viii) Amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution.  
  (ix) Amount received by a Nidhi company in accordance with the rules made under section 406 of the Act.  
  (x) Amount received by way of subscription in respect of chit under the Chit Funds Act, 1982(4 of 1982).  
  (xi) Amount received by company under any collective Investment scheme in compliance with regulations framed by the Securities and Exchange Board of India.  
  (xii) Amount of twenty five lakh rupees or more received by a start up company, by way of convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person.  
  (xiii) Amount received by a company from –  
  (A) Alternate Investment Funds;  
  (B) Domestic venture Capital Funds;  
  (C) Infrastructure Investments Trusts;  
  (D) Real Estate Investment Trusts;  
  (E) Mutual Funds registered with the Securities and Exchange Board of India.  
     
     

Other Readings :

Reporting of Outstanding Loans and Advances to MCA in E-form DPT-3

ROC Filings (New) , Active 22A, MSME form 1 and DPT-3 by CS Arun Jain

Declaration of Commencement of Business by Company

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ROC Filings (New) , Active 22A, MSME form 1 and DPT-3 by CS Arun Jain

ROC COMPLIANCES

FORM LAST DATE PURPOSE REQUIREMENTS
INC-22A (ACTIVE) 15/06/2019 Registered office verification 1.      Two Photograph of the registered office of the company. The first photo of the registered office shall be taken from outside of the premises, whereas the second photo needs to be taken from within the registered office premises showing at least one director / KMP who shall be signing the e-form INC-22A.

2.      Photo clicked by GPS Camera ( for GPS camera download NOTECAM application in your mobile)

3.      DSC of two director of the company (dsc of the director is mandatory who is in the photo)

4.      Board of the company is to be placed on registered office premise

5.      MAIL ID of the company for OTP verification.

ATTACHMENT:- EXTERNAL & INTERNAL PHOTO OF THE REGISTERED OFFICE AS SPECIFIED ABOVE.

NOTE: – FOR FILING OF INC-22A DIN OF ALL THE DIRECTORS SHOULD BE ACTIVE AND LAST YEAR ANNUAL FILING IS TO BE COMPLETED.

Form MSME

 

·         Initial Return for the amount outstanding as on 22nd January, 2019

 

30/05/2019 All companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed forty-five days from the date of acceptance or the date of deemed acceptance of the goods or services as per the provisions of section 9 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) (hereafter referred to as “Specified Companies”), shall submit a return to the Ministry of Corporate Affairs 1.      Total outstanding amount due (exceeding 45 days) as on 22nd January 2019 towards micro and small enterprises.

2.      Format for disclosure:

• Financial Years

• Name of Suppliers

• PAN of Suppliers

• Amount Due

• Specify the date from which amount is due

 

 

 

 

 

Form MSME

·

·         Half Yearly Return for the amount outstanding as on 31st March, 2019.

30/05/2019 1.      Total outstanding amount due (exceeding 45 days) as on 31st march 2019 towards micro and small enterprises.

2.      Format for disclosure:

• Financial Years

• Name of Suppliers

• PAN of Suppliers

• Amount Due

• Specify the date from which amount is due

Form DPT-3

 

·         One time return

29/06/2019 Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014.

 

 

 

Outstanding balances of all items fall under rule 2(1)(c) of deposit rules particularly following:

·         Any amount received as a loan or facility from any banking company or from the State Bank of India or any of its subsidiary banks or from a banking institution notified by the Central Government.

·         Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.

·         Any amount received by the company from any other company

·         Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.

 

NOTE:- Reporting of the details of outstanding sums of receipt of money not considered as deposit as per the rule 2(1)(c)  for the period starting from 1st April, 2014 to the 31st March, 2019.

 

Attachment: – Auditor Certificate Outstanding balances of rule 2(1)(c) of deposit rules for the period of 1st April, 2014 to the 31st March, 2019.

 

 

 

Form DPT-3

 

Annual return

30/06/2019 Annual Return

·         Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014 (if any)

·         Return of Deposit, (if any)

 

Outstanding balances of all items fall under the definition of Deposit and rule 2(1)(c) of deposit rules particularly following:

·         any amount received as a loan or facility from any banking company or from the State Bank of India or any of its subsidiary banks or from a banking institution notified by the Central Government.

·         Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.

·         Any amount received by the company from any other company

·         Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.

 

NOTE:- Reporting of the details of outstanding sums of receipt of money or loan  as on 31st March, 2019.

 

Attachment: – Auditor Certificate regarding Outstanding balances  for the period ending on 31st March, 2019.

DIR -3 KYC

 

(FORM IS NOT UPDATED)

30/06/2019 KYC of all Directors of all companies annually through the e-form DIR-3 KYC. ·         DSC of director

·         Mail Id & Mobile Number for OTP verifications

·         Self attested PAN card

·         Self attested Aadhar Card

·         Self attested Passport if obtained