startup registrations

Top 5 Reasons Why You Should Register Your Company

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How can one own a business which does not legally exist, that’s where this article will help you as it answers the most vital question: Why you should register your Company. In the initial stage entrepreneurs focus on the development of their unique product/ service that they intend to offer, but market research has proven that registering the Company is a necessity and not an option as it is the determining factor in the success of any business. It is advisable to register your Company keeping in mind the following factors: 

  • Establish a presence:

In a competitive market like India, establishing a Company’s presence can be a big challenge. Due to an increased number of startup registrations, it is very important to register your Company. Company registration gives a unique identity to the business. Once a new company registration is done no other company can be registered with the same name all over India, hence it gives establishes a presence and gives a unique identity to the business. New company registration also adds to the credibility of the Company.

  • Banking operations:

To operate any business irrespective of its scale of operations one requires a current account to separate personal and business finances. To open the bank account registration documents, certificates, etc. need to be attached with the application which are further cross verified by the bank. Similarly for getting loans the banks have a lengthy documentation procedure which can only be fulfilled if the company is registered and compliant. For a registered Company there is an increased access to funding sources as it is highly preferred by investors.

Also Read this blog: What is a Sec 8 company under Companies Act, 2013 with basic key points

  •  Limited Liability:

The biggest reason why people opt for company incorporation is limited liability. As the company is treated as a separate legal entity, the Company protects its owners from personal liability. This means that if the company is sued, or incurs penalties, debt its members are not liable to satisfy the claims with their personal assets. The owners/ shareholders/ promoters are only liable upto the amount invested in the company, therefore the company provides limited liability as it has a separate identity.

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  • Makes you look serious and contract ready:

Once you enter the market with a registered business it adds to the brand building of the new company registration. It also increases the chances of getting contract as the documentation and registration is complete, and enables discounts in case of suppliers, as everyone prefers to do business with a registered Company. Even for applying for tenders one needs to have a registered entity whether its government tenders or commercial tenders.

Read Other blogs: REGISTRATION REQUIREMENTS OF OPENING A BRANCH OFFICE IN INDIA

  • Perpetual Succession:

Any change in the ownership of the Company does not affect the status of the Company. The Company goes on irrespective of its owners/ promoters/ shareholders. Even death, insolvency, insanity of any member of the Company does not affect its continuity. New Company registration is an asset for the owners, it can be passed down, sold, transferred for running the business.

Company registration is a big step and brings with it a lot of compliances, and filing obligations but at the same time it offers huge benefits which are incomparable.

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chartered accountant

IMPORTANCE OF CONSULTING CHARTERED ACCOUNTANTS/COMPANY SECRETARIES FOR TAX MANAGEMENT

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Institute of chartered accountants of India (ICAI) is authorized to certify the professional chartered accountants (CA) having requisite knowledge about all the aspects of finance, accounting and IT. Whereas Institute of company secretary (ICSI) is authorized to certify company secretary in India having appropriate knowledge of business/corporate law etc. which will help in smooth functioning of the business.  Both these professional qualifications have a different genre of specialization which cannot be supplemented by the other.

Being a Chartered Accountant (CA) is nothing less than a doctor. Like doctor is the specialist of a living being in the same way a Chartered Accountant (CA) is a financial specialist. Like a sick person has to visit a doctor for check-up or advice, it is a financial one should visit if he is facing any issue in his business, need some advice regarding their investments, filing of ITR, GST etc.

Get a CA at affordable price

Since we all know that India is an emerging economy and we are aspiring to become $5 billion economy by 2024, giving a boost to “Make in India” all these dreams would be fulfilled only with the help of the Chartered accountant/company secretary. There are various services that a tax consultant (chartered accountant/company secretary) provides to their clients which helps them in managing their tax related issues.

  • Investment Advise
  • Financial advisory
  • Management consulting service
  • Due diligence service
  • Forensic audit
  • Project financing
  • Compliance laws
  • Timely filing of ITR, GST etc.
  • BookKeeping
  • Auditing etc.
  • Authorized signatory

A chartered accountant plays an important role in bringing sustainable growth in the organisation and most effective & efficient use of resource, with minimal waste and maximum productivity. We can say that CA/CS & business firms are like inseparable twins which cannot exist without each other. For example: A business firm cannot work efficiently without the consultation of CA/CS and vice-versa.

Consulting a chartered accountant is very essential for your business because of many reasons-

  1. Financial viability: ability to generate sufficient funds so as to meet the requirements of the project; be it long term or short term, capital intensive or working capital requirement.
  • Business valuation: Most appropriate valuation of a business can only be done by an expert who is qualified and well trained. Talking about the business environment in India a CA is the right candidate for this work.
  • Project analysis: Before starting a new project, a complete market and competitor’s analysis must be carefully done before making that project a reality; therefore a CA is the right choice for project analysis part.
  • Capital structuring: There must be a balance between the equity and debt components of an organization which is decided by a CA depending on the type of business.
  • Legal representation: A CA could possibly be a legal representative of you in any court in income tax/GST or tax related matter where he has authorized your returns.

To know more read: POPULAR CHARTERED ACCOUNTANTS (CA) SERVICE PLATFORMS IN INDIA

Consulting a company secretary is very essential for your business because of many reasons-

  1. Link between management & other stakeholders: since management and other stakeholders are not directly in touch with each other that’s when a company secretary comes into picture and works to bridge the gap between the two important parties.
  • Compliance norms: It is the duty of company secretary to look into compliance related norms before taking in any decision for the organization.

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Company incorporation

What is a Sec 8 company under Companies Act, 2013 with basic key points

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COMPANIES ACT, 2013

Sections (8) of companies act, 2013 deals with the formulation of companies with charitable objects such as promotion of art, science, commerce, sports, education, research, welfare, without adding the words “limited” or “private limited” to the name of the new company registered.

1. The satisfaction of central government is necessary, that a person proposed to be registered as limited liability Company (LLC) under this act.

  • Includes the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment etc.
  • The profits or income of new company registered will be used for promoting objects of company.
  • The Central Government may issue license on such condition as it deems fit; allow it to be registered as a limited company.

2. Company incorporation shall enjoy the privileges and are subject to all the obligations of limited companies.

3. A firm can become a member of the new company registered.

(i) Once the new company registered under this act; are not liable to alter the memorandum or articles without prior permission of central government.

(ii) Conversion into some other form of company incorporation is only possible after complying with such conditions as prescribed from time to time.

4. Revocation of licence: Central government may revoke the licence if the company contradicts with any of the requirements mentioned under this section or in a manner violative of objectives of the company or prejudicial to the public interest, direct the new company registered to convert its status & change its name.

5. Subsequently, when the licence is revoked and the Central Government is satisfied that it is essential in the public interest that the new company registered should be amalgamated/wound up with another company incorporation under this, then the Central Government may provide for such amalgamation to form a single company with such features as prescribed by the government in the order.

{Note: Reasonable opportunity of being heard must be given}

6. Winding up/Dissolution of a company registered under section (8) companies act, can be transferred to another company registered under this section subject to certain conditions as the Tribunal may impose, or maybe sold and proceeds will be credited to the Rehabilitation and Insolvency Fund formed under section 269.

7. Amalgamation between companies could be done only if both are registered under the same section of the act, having similar objects.

8. Any default in complying with the requirements specified under this section, be punishable with a fine which shall not be less than 10 lakh rupees extending up to 1 crore rupees and the directors/officers of the company who found guilty shall be punishable with imprisonment for a term which may extend to 3 years or fine not be less than INR 25,000 extending to INR 25 lakh or both.

Read Other blogs: REGISTRATION REQUIREMENTS OF OPENING A BRANCH OFFICE IN INDIA

KEY HIGHLIGHTS OF COMPANIES ACT, 2013

Several new features were introduced in the Companies act, 2013 which makes it unique from the companies act, 1956. Some features are discussed below:

1. COMPANIES

(i) One Person Company incorporation: Companies act, 2013 brings relief for the new generation entrepreneurs who are not willing to share the stake in their company with anyone. Now an individual can form a single person company which was not possible earlier. Now the foreign investor can also set up wholly-owned private subsidiary in India. Hence it will promote foreign investment in India.

(ii) Small Company incorporation: Companies other than the public company having a paid-up share capital of not more than 50 lakh & turnover does not exceed 2 crores.

{Note: This will not apply to holding/subsidiary, companies registered under section (8) of companies act, 2013 or any company formed under special act}

(iii) Dormant Company incorporation: Earlier dormant company was tagged with a sign of caution, but this situation has done away with in company act, 2013. Now a dormant company can be formed for holding assets or intellectual property subject to the company not having any significant transactions.

(iv) Associate Company incorporation: A company having “significant influence” on the other without being a subsidiary/holding company. Here the term “significant influence” can be termed as a company having a stake of at least 20% or more.

(v) Private Company incorporation: Total number of shareholders in a private company has been increased from 50 to 200.

2. OBJECT CLAUSE

Previous companies act, 1956 requires the object clause to be classified into 3 categories viz. The main object, Ancillary object & other objects; reason for such condition was to restrict the company from commencing any other business. However, such a requirement has been done away with by coming of companies act, 2013.

Know about Section 8 Company Registration

3. PROMOTER

“Promoter was nowhere mentioned in the previous companies act. However, it was extensively used under the Companies act, 2013. A promoter is a person who is named such under any annual return.

4. BUY-BACK SECURITIES

Under the new companies act, there is no buyback of securities within one year from date of closure of the previous buyback. This period is termed as “cooling off period”. Further, if a company is a defaulter (loan), then the company incorporation shall compulsorily have to wait for 3 years after repaying the entire outstanding amount.

PAN Card number

Transactions in which it is mandatory to give your PAN Card number

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There are various financial transactions in which attaching your PAN card details is mandatory. These exceptions are specified under Rule 114B of the Income tax rules, 1

962 which came into effect from 01, Nov 1988.

There is 18 transaction which requires your PAN Card details.

  1. Sale/purchase of Motor vehicle as specified under Motor vehicle act, 1988 requires PAN card number.
  2. Opening of Bank A/c with a banking company or a co-operative bank which is regulated by the banking regulation act, 1949.
  3. Making an application to a banking company/financial institution/co-operative bank for the issuance of Credit or Debit card.
  4. Opening of Demat A/c under SEBI Act, 1992.
  5. Paying your bill at a hotel/restaurant (Cash payment more than INR 50,000)
  6. Payment in relation to traveling to any foreign country or currency exchange for the same. (Cash payment exceeding INR 50,000)
  7. Mutual fund payment for purchasing additional units. (Amount exceeding INR 50,000)
  8. Payment to acquire bonds/debentures of a company. (Amount exceeding INR 50,000)
  9. Purchase of bonds issued by RBI. (Amount exceeding INR 50,000)
  10. Deposit with a banking company/co-operative bank/post office regulated by the banking regulation act, 1949. (Cash deposit exceeding INR 50,000)
  11. Purchase of Demand deposit/Pay order/bankers cheque from a banking company/co-operative bank regulated by banking regulation act, 1949. (Amount exceeding INR 50,000)
  12. A Time deposit with a banking company/co-operative bank/Post office/Nidhi company/NBFC. (Amount exceeding INR 50,000 or amount exceeding INR 5,00,000 during a financial year)
  13. Any pre-paid payment instrument as defined by RBI under Payment & settlements act, 2007.
  14. A premium of Life Insurance premium paid. (Amount exceeding INR 50,000 during a financial year)
  15. Sale/purchase of securities under Securities contracts act, 1956. (Amount exceeding INR 1,00,000)
  16. Sale/purchase shares of a company not listed on the stock exchange. (Amount exceeding INR 1,00,000)
  17. Sale/purchase of any immovable property. (Amount exceeding INR 10 lakh)
  18. Sale/purchase by any person of goods/service of any nature except those mentioned from 1 to 17. (As notified by the central government).

Related Blog – YOUR PAN CARD MIGHT BECOME INOPERATIVE FROM 01, JANUARY, 2020

IMPORTANT POINTS TO REMEMBER

  • When a person involved in any of the above-mentioned transactions, is a MINOR & does not have any income chargeable to income tax, he/she should mention the PAN Card details of father/mother/guardian.
  • Anyone who does not have a PAN Card and enters into any of the above-mentioned transactions must fill Form No. 60 as per Rule 114B of Income-tax act, 1962.
  • Note PAN Card details in case of Tax deduction at source i.e. TDS or Tax collection at source i.e. TCS under section 139 [5b &5c] respectively.

Read more blogs: STATUTORY AUDIT OF FINANCIAL STATEMENTS OF COMPANY