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Last Date for Filing Form CRA-4 (Cost Audit Report ) for FY 2018-19 Extended to 31st December, 2019

MCA has extended Last Date for Filing Form CRA-4 (Cost Audit Report ) for FY 2018-19 Extended to 31st December, 2019 due to development of Costing Taxonomy 2019, the companies that are required to file Cost Audit Report in CRA-4 are required to use Latest Taxonomy that is under process of development.

However those companies who have already filed form CRA-4 are not required to file fresh form.

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ROC Annual Filing Date for Form AOC-4, AOC-4 (CFS), AOC-4(XBRL) and Form MGT-7 Date Extended to 30th November and 31st December, 2019

MCA has extended date for Filing Form AOC-4, AOC-4 (CFS), AOC-4(XBRL) and Form MGT-7 Date Extended to 30th November and 31st December, 2019 by  Relaxation of additional fees under the Companies Act,2013

Keeping in view the requests received from various stakeholders seeking extension of time for filing of financial statements for the financial year ended 31.03’2019 on account of various factors , it has been decided to extend the due date for filing of e-forms AOC-4, AOC (CFS) AOC-4 XBRL upto 30.11.2019 and e-form MGT-7 upto 31.12.2019, by companies without levy of additional fee

 

Link of MCA Circular

http://www.mca.gov.in/Ministry/pdf/GeneralCircular_29102019.pdf

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How to Apply for Voluntary Liquidation of Company Under IBC

Insolvency and Bankruptcy Code provides Voluntary Liquidation of Corporate Persons in India, A corporate person who intends to liquidate itself voluntarily and has not committed any default may initiate voluntary liquidation proceedings under Chapter V of Insolvency and Bankruptcy Code (IBC) , Section 59 of IBC provides for Voluntary Liquidation of Corporate Persons.

Procedure for Voluntary Liquidation of Company Under IBC

Voluntary liquidation proceedings of a corporate person registered as a company shall meet the following conditions:

  • A declaration from majority of the directors of the company verified by an affidavit stating that –
    • (i) they have made a full inquiry into the affairs of the company and they have formed an opinion that either the company has no debt or that it will be able to pay its debts in full from the proceeds of assets to be sold in the voluntary liquidation; and
    • the company is not being liquidated to defraud any person
  • Above Declaration shall be accompanied by :
    • Audited financial statements and record of business operations of the company for the previous two years or for the period since its incorporation, whichever is later
    • a report of the valuation of the assets of the company, if any prepared by a registered valuer
  • Within Four Weeks of Above Declaration there shall be a special resolution of the members of the company in a general meeting requiring the company to be liquidated voluntarily and appointing an insolvency professional to act as the liquidator, or
  • A resolution of the members of the company in a general meeting requiring the company to be liquidated voluntarily as a result of expiry of the period of its duration, if any, fixed by its articles or on the occurrence of any event in respect of which the articles provide that the company shall be dissolved, as the case may be and appointing an insolvency professional to act as the liquidator
  • Where Company Owes any Debt to any Person :
    • creditors representing two thirds in value of the debt of the company shall approve the resolution passed under sub clause (c) within seven days of such resolution (Special or Ordinary Resolution as mentioned above)

Reporting to Registrar of companies and Board about Voluntary Liquidation Process by Company:

  • within seven days of such resolution or the subsequent approval by the creditors, as the case may be

The voluntary liquidation proceedings in respect of a company shall be deemed to have commenced from the date of passing of the above resolution subject to the approval of Creditors of Company

  • Once the Above is complete,
  • The liquidator shall receive or collect the claims of creditors within a period of thirty days from the date of the commencement of the liquidation process
  • The Financial and Operational Creditor will submit the claims.
  • A creditor may withdraw or vary his claim under this section within fourteen days of its submission
  • The liquidator will verify the claims submitted
  • The liquidator may, after verification of claims, either admit or reject the claim
  • The liquidator will communicate his decision of admission or rejection of claims to the creditor and corporate debtor within seven days of such admission or rejection of claims
  • The liquidator will determine the value of claims admitted

Distribution of assets in case of Liquidation of Company:

  • The proceeds from the sale of the liquidation assets shall be distributed in the following order of priority : –
  • The insolvency resolution process costs and the liquidation costs paid in full;
  • The following debts which shall rank equally between and among the following:
    • workmen’s dues for the period of twenty-four months preceding the liquidation commencement date; and
    • debts owed to a secured creditor in the event such secured creditor has relinquished security
  • wages and any unpaid dues owed to employees other than workmen for the period of twelve months preceding the liquidation commencement date;
  • financial debts owed to unsecured creditors;
  • the following dues shall rank equally between and among the following: –
    • any amount due to the Central Government and the State Government including the amount to be received on account of the Consolidated Fund of India and the Consolidated Fund of a State, if any, in respect of the whole or any part of the period of two years preceding the liquidation commencement date;
    • debts owed to a secured creditor for any amount unpaid following the enforcement of security interest
  • any remaining debts and dues;
  • preference shareholders, if any; and
  • equity shareholders or partners, as the case may be

 

Where the affairs of the corporate person have been completely wound up, and its assets completely liquidated, the liquidator shall make an application to the Adjudicating Authority (NCLT) for the dissolution of such corporate person

The Adjudicating Authority shall on an application filed by the liquidator pass an order that the corporate debtor shall be dissolved from the date of that order and the corporate debtor shall be dissolved accordingly

A copy of an order of dissolution shall within fourteen days from the date of such order, be forwarded to the authority with which the corporate person is registered (ROC) .

 

Need Voluntary Liquidation Services for your Company – Please Email us at [email protected] or call at 9782280098

 

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Everything you need to understand about Limited Liability Partnership (LLP)

  • LLP Act, 2008 and same is applicable to whole of India.
  • Nature of LLP– Body Corporate, Legal Entity, separate from its partners, perpetual  succession, change in partners does not affect existence, rights & liabilities. 
  • Partnership act will not apply to LLP
  • Address of Partner- Individual – Residential Address, Body Corporate – Registered Address
  • Body Corporate – Company, LLP registered under this act, LLP incorporated outside India, Company incorporated outside India
  • Business includes every trade, profession, service, occupation.
  • Contribution – Tangible, Intangible, Movable, immovable, other benefits, money, promissory notes, Agreement to contribute cash or property, contracts for services performed or to be performed.  obligation to perform (Form of contribution ) shall be according to LLP Agreement.
  • Creditors of LLP – Acts in reliance of an obligation described in LLP agreement, without notice of any compromise between partners may enforce original obligation against such partners.
  • Monetary vale of contribution of each partner shall be account and disclosed in the accounts of the LLP in prescribed manner
  • Entity
  • Financial Year 1 April to 31st March ( If incorporated after 30th Sept may end on 31st march of next year.)
  • Foreign LLP– Formed and incorporated outside India which establishes place of business in India. 
  • LLP Agreement – Written Agreement between – Partners of LLPLLP and Its Partners, which determines the mutual rights and duties of partners, rights and duties in relation to LLP
  • Name – Partner – Individual- First, middle, last. Body Corporate- Registered name.  
  • Partners- Minimum 2, Maximum – no limit prescribed in Act.
  • There is no disqualification that body corporate can not become partner but there is disqualification for individual. 
  • How can become a partner of LLP– Individual and Body Corporate in accordance with the LLP agreement. They have to make Contribution.
  • Designated Partner- If incorporation document specifies who are designated partners they shall be,  Each of partner than all.   Minimum 2 Partners required, responsible for the compliance of all the acts applicable to LLP. LKiable for all the penalties imposed under this act.  Can become DP in accordance with the LLP agreement, Prior approval to act as DP is must before, Should have DPIN (DIN), Conditions- Insolvent – 5 years, Suspended payment to creditors, done offence convicted by court, done offence of fraud. LLP shall file particulars of every individual who has given consent to act as DP in prescribed form to ROC.
  • Change in designated partner- Designate new partner within 30 days of vacancy, if no partner is appointed all the partners will be designated partners ( this applicable if reduced below two) 
  • Cessation from partnership by partner- 30 days notice to be given to other partner of his intention to resign.   Notice of Resignation – to the person who is dealing with LLP or ROC otherwise he will be liable.
  • Partner of LLP is a agent of LLP but not of other partners
  • If the partner do not have authority to do some act, LLP is not bound for the act of partner.
  • LLP liable- If the partner is liable to any person for wrong act or omission on his part in the course of business of LLP.
  • Liabilities of LLP shall be met out of property of LLP.
  • Solely by reason of being partner, partner is not personally liable.
  • Partner is not liable for personal act, omission of any other partner.
  • Not Partner in real but holding out so- Liable to the extent of credit received by him.
  • Unlimited liability in case of fraud.   
  • Whistle Blowing- Court or tribunal can waive the penalty, if satisfied – partners provided useful information during investigation.
  • Financial Disclosures- Accounts to be kept as par double entry system, Prepare statement of Accounts and solvency for the financial year and shall be signed by the Designated Partners of the LLP within 6 months form the end of the financial year and File with ROC,
  • Audit
  • Annual Return – To be filed to ROC within 60 days of closure of Financial year.
  • Compounding of offences- Only offences punishable with fine. By collecting a sum which may extent to the amount of maximum fine prescribed for the offence.
  • Assignment and transfer of Partnership Right – Right of a partner to share of the profit or loss of the LLP, and to receive distribution in accordance with LLP agreement are transferable either wholly or partly.
  • Transfer of right does not by itself cause disassociation of partner.
  • Transfer of right pursuant to this section does not itself, entitle the transfer or assign to participate in the management.  
  • Conversion of LLP – Firm to LLP– IInd Sechedule, Pvt Company To LLP– IIIrd Sechedule , Unlisted Public Company to LLP– IVth Sechedule. 
  • Partner may land money to LLP
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Compliance Due Dates for Mandatory Filings in the Month of October 2019

  • 7th October – Payment of TDS for the Month of September 2019
  • 11th October- GSTR1 – Monthly
  • 14th October – Director KYC (DIR3KYC)
  • 14th October- Auditor Appointment, if AGM held on 30th September and Auditor appointment is applicable
  • 15th October- Payment of ESIC and PF Chalan
  • 20th October- GSTR3B
  • 28th October- AOC4 for Companies , if AGM held on 30th September 2019
  • 30th October- LLP Form 8 ( for LLP)
  • 30th October- MSME form for Reporting of dues to MSME Enterprises
  • 30th October- Tax Audit
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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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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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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