Corporate Secretarial
Services

A. Incorporating a company

Step 1: Reservation of Name

RUN is a designated form to reserve the name of a company. Two names in order of preference can be given. The objects for which the company is proposed to be incorporated should be provided in RUN form. The MCA fee for filing this form is Rs.1000, and it can be resubmitted once. Thereby, altogether, four names can be applied using one form. The name will be reserved for a period of 20 days.

Step 2: Incorporation

Part 1: SPICe Form

SPICe stands for Simplified Proforma for incorporating the company electronically.

Director Identification Number (DIN) can be applied using the SPICe Form. The following documents and information are required to be attached to this form:

INC 9: Declaration by first directors and first subscribers
DIR 2: Consent to act as directors
PAN Card of subscribers and directors
Passport or driving license or voter ID of all subscribers and directors
Bank statement or electricity bill, telephone bill or mobile bill of all
Subscribers and directors
Address for correspondence or registered office address of the company
Rental agreement/proof of ownership of registered office
NOC from owner of the property
Latest utility bill of the property
Capital structure of the company
Area code of the proposed registered office address. PAN card and TAN card shall be issued along with the certificate of incorporation.

NOTE
If the company wishes to have a temporary address for correspondence, it
has an option to file INC 22 within 30 days of incorporation of the
company.

Part 2: SPICe MoA

SPICe MoA form or INC 33 is a form linked to SPICe. The main objects of the company and other objects have to be provided in this form. The DSC of all subscribers is mandatory to fill this form.

Part 3: SPICe AoA

SPICe AoA or INC 34 is linked to SPICe. SPICe AoA is a ready-made form wherein the company can strike off any article that it does not want to include in its AoA.

Part 4: INC 35 AGILE

INC 35 form is linked form to the SPICe form. INC-35-AGILE (application for goods and services tax identification number, employees state Insurance corporation registration plus employee’s provident fund organization registration).

Time limit for incorporation:

MCA takes around 2-3 days for incorporation of a company.

B. Incorporating an LLP

Step 1: Reservation of Name
RUN is a designated form to reserve the name of the company. Two names in order of preference can be given. The objects for which the LLP is proposed to be incorporated should be provided in RUN form. The MCA fee for filing this form is 200/-. This form can be resubmitted once. Thereby altogether 4 names can be applied using one form. The name is reserved for 3 Months.
Step 2: Incorporation of LLP
The form for incorporation of LLP is FILLIP which stands for Form Incorporation of Limited Liability Partnership in India. The following information and documents are required to file for incorporation of an LLP:

Subscribers page
Form 9: Consent to act as designated partner
Proof of address of the registered office
NOC from the owner of the property
Rental agreement
PAN card of partners and designated partners
Passport or driving license or voter ID of partners and designated partners
Bank Statement or electricity bill telephone bill or mobile bill of partners and designated partners
Contribution

Once the FILLIP form is approved, a certificate of incorporation will be issued by the MCA. The fees for filing this form depend on the amount of contribution.

Step 3: LLP Agreement

The objects for which the LLP is proposed to be incorporated shall be mentioned in Form 3. This has to be filed within 30 days.

Time Limit LLP incorporation takes approximately 7-10 days.

Filings

There are two kinds of compliances under the Companies Act, 2013. All companies incorporated have to comply with all the requirements as specified under the Companies Act, 2013. Time-based compliances are also known as annual compliances. They include AOC-4 (balance sheet), MGT-7 (annual return), and ADT-1 (appointment of statutory auditors). All other compliances are event-based compliances that trigger whenever an event occurs which requires reporting to the Ministry of Corporate Affairs through a designated form. We undertake the filing of all forms which includes the preparation of the form, attachments, and certification.

Representation before MCA & NCLT

Professionals are empowered under the Companies Act, 2013 to appear on behalf of the company before the Registrar of Companies, Regional Director National Company Law Tribunal. Chartered accountants are empowered to appear before the above authorities as the authorized representative of clients.

Navigating Complexities: The Role of Corporate Secretarial Services in Indirect Taxation

In the intricate realm of modern business operations, compliance with legal and regulatory requirements is paramount. Corporate secretarial services emerge as a crucial function that supports businesses in maintaining transparency, adhering to regulations, and managing the complexities of indirect taxation. This article delves into the significance of corporate secretarial services in the context of indirect tax and how they contribute to the overall success of organizations.

Understanding Corporate Secretarial Services in Indirect Tax:

Corporate secretarial services encompass a range of administrative, regulatory, and compliance functions that ensure an organization’s adherence to legal and regulatory frameworks. In the realm of indirect taxation, these services play a vital role in facilitating the smooth operation of business activities while ensuring compliance with tax laws and regulations.

Key Aspects of Corporate Secretarial Services in Indirect Tax:

Compliance Management: Corporate secretarial professionals monitor changes in indirect tax laws, ensuring that the organization remains compliant with evolving regulations.
Record Keeping: Proper maintenance of records related to indirect taxation, including tax returns, invoices, and transaction details, is essential for compliance and transparency.
Filing Requirements: Corporate secretarial services ensure that all necessary tax returns and forms related to indirect taxation are accurately and timely filed.
Documentation: Preparing and maintaining documents required for indirect tax audits and assessments is a crucial part of corporate secretarial functions.
Communication: Secretarial professionals act as a bridge between the organization and regulatory authorities, ensuring effective communication and compliance.

Importance of Corporate Secretarial Services in Indirect Taxation:

Risk Mitigation: By closely monitoring and adhering to indirect tax regulations, corporate secretarial services help mitigate the risk of penalties and legal actions.
Transparency: Proper documentation and compliance management contribute to transparency in financial reporting, enhancing stakeholders’ trust.
Efficiency: Outsourcing corporate secretarial services allows organizations to focus on their core operations while experts handle compliance matters.
Adaptation to Changes: Indirect tax laws are subject to frequent changes. Corporate secretarial professionals ensure that the organization remains up-to-date and adaptable.

Functions of Corporate Secretarial Services in Indirect Taxation:

Tax Registration: Corporate secretarial professionals assist in obtaining necessary registrations under various indirect tax regimes, such as Goods and Services Tax (GST).
Filing of Returns: They prepare and file accurate tax returns and forms required for compliance with indirect tax laws.
Documentation: Maintaining detailed documentation, including invoices, transaction records, and tax-related correspondence, is a core responsibility.
Audit Support: During tax audits or assessments, corporate secretarial professionals ensure that all required documents are readily available and properly organized.

Challenges and Considerations:

Complexity: Indirect tax laws can be complex, requiring constant monitoring and interpretation.
Evolving Regulations: Frequent changes in indirect tax regulations necessitate ongoing learning and adaptation.
Accuracy: Ensuring accurate record-keeping and reporting is essential for compliance and avoiding penalties.

Conclusion:

Corporate secretarial services play a pivotal role in ensuring that organizations adhere to indirect tax regulations, maintain transparency, and navigate the complexities of modern taxation. By managing compliance, documentation, and communication with regulatory authorities, these services contribute to the overall efficiency and reputation of businesses. In a world where regulatory landscapes are constantly evolving, the role of corporate secretarial services becomes increasingly indispensable in promoting compliance, transparency, and operational success.

Corporate Secretarial Services