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CHINKI SINGHAL AND ASSOCIATES, is a Company Secretary proprietorship firm based in West Delhi, offering its expertise and Single Stop Solution for Corporate - Secretarial and Legal Requirements for all Corporate compliance requirements to the clients with a strong emphasis on ethics and ‘being on toes’. We provide consultancy services in the area of Corporate Law Services, Secretarial and Legal Compliances, Revival of Struck of Companies, LLPs, Corporate Restructuring, FEMA & DGFT Compliances, Accounting, Taxation, Regulatory, Business and Transaction advisory, Audit n Assurance, IPRs etc.

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Issue Id: 113987
If Mr. Gourav has 40% shares in Company A.Company A has 60% shares in Company B.Now does Mr. Gourav need to file form BEN-1 to the company B?What if ... Read Full Issue
Date 27 Jul 2018
Replies 2 Replies
Views 1027 Views
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Issue Id: 113956
If a person is designated partner in LLP, whether such person is required to file E-form DIR-3 KYC?
Date 16 Jul 2018
Replies 1 Reply
Views 1319 Views
1 Reply on 1 Issue
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Issue Id: 113987
If Mr. Gourav has 40% shares in Company A.Company A has 60% shares in Company B.Now does Mr. Gourav need to file form BEN-1 to the company B?What if ... Read Full Issue
Date 27 Jul 2018
Replies 1 Reply
Views 1027 Views
Showing 1 to 10 of 10 Results
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Active Company tagging compliance requires e Form ACTIVE filing; non filing triggers active non compliant status and filing restrictions.
Every company incorporated on or before 31st December, 2017 must file particulars and registered office details in e Form ACTIVE by the prescribed date; the form requires photographic and geolocation evidence of the registered office, company email for OTP, director DINs, auditor and KMP details, SRNs of annual filings, two directors' DSCs and professional certification. Exempt companies include those struck off, under striking off, in liquidation, amalgamated or dissolved. Non filing results in the company being marked "ACTIVE non compliant", invoking consequences under section 12(9) and preventing acceptance of specified event based filings until compliance and fee payment restore status. (AI Summary)
Date 26 Feb 2019
Replies 1 Reply
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One Person Company structure: mandatory nominee and conversion to private/public when capital or turnover thresholds are exceeded.
An OPC must be formed by a natural person with a nominated natural person recorded in the memorandum and filed at incorporation; mandatory conversion to a private or public company occurs when paid up capital or average turnover exceed statutory thresholds, and voluntary conversion is restricted for two years. Management requires at least one director (first director named in the articles), with tailored board meeting rules where only one director serves. Financial statements (excluding cash flow statement) and abridged Board's Report must be filed within prescribed periods, and specified Companies Act meeting provisions do not apply to OPCs. (AI Summary)
Date 15 Nov 2018
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Companies amendment notification expands corporate compliance obligations across definitions, governance, audits, beneficial ownership and offences.
Ministry of Corporate Affairs notified multiple sections of the Companies (Amendment) Act, 2017 to amend the Companies Act, 2013, affecting Definitions, incorporation and registered office rules, prospectus and share issue regimes (including private placement and sweat equity), prohibition and repayment of deposits, registration and satisfaction of charges, establishment of a Register of Significant Beneficial Owners, revised return, meeting and filing obligations, corporate governance (board, directors, related party transactions), audit framework including NFRA, and enforcement mechanisms including tribunals, special courts and penalties for fraud and false statements. (AI Summary)
Date 20 Aug 2018
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Strike off procedure under Companies Act allows voluntary removal after liabilities are extinguished, special resolution and statutory notice period.
Voluntary strike off under Section 248(2) requires a board resolution authorising application, extinguishment of all liabilities, member approval by special resolution, and filing Form STK-2 with the ROC accompanied by indemnity bonds, director affidavits, a recent CA certified statement of accounts, certified special resolution and particulars of pending litigation; the company must host the application on its website until disposal, after which the ROC issues public notices inviting objections, notifies regulatory authorities, and on compliance publishes the dissolution notice in the Official Gazette, while corporate liabilities and enforcement against directors and officers continue. (AI Summary)
Date 17 Aug 2018
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Director KYC filing required to maintain active DIN status; late submission triggers deactivation and a late fee.
Every person allotted an approved Director Identification Number must file e form DIR 3 KYC by the prescribed deadline each year to update the directors database; non filing results in the DIN being marked Deactivated. The form requires digital signature and certification by a practising professional and submission of specified identity, contact and address proofs-Indian nationals must provide mobile OTP, email, PAN, Aadhaar or voter ID and address proofs; foreign nationals must submit passport and notarised/ apostilled address proofs with name matching to DSC. Timely filing avoids fee; delayed filing attracts a late fee. (AI Summary)
Date 08 Aug 2018
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Conversion of LLP into company: follow membership eligibility, no-objection certification, name reservation, notice publication and URC-1 filings.
Conversion of an LLP into a private company requires a registered entity meeting membership thresholds, obtaining a no-objection certificate from the relevant registrar/SDM, reserving a name, publishing Form URC-2 notice, and filing E-form URC-1 with prescribed incorporation forms and supporting documents (no-objection certificate, stamp compliance certificate, and a recent certified statement of accounts); the registrar then decides and may issue a Certificate of Incorporation. (AI Summary)
Date 06 Aug 2018
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Director's Report requirements: prescribed disclosures on financials, governance, risk, related parties and compliance obligations.
The Director's Report must be based on standalone financial statements and contain prescribed disclosures: annual return extract, board meetings, Directors' Responsibility Statement, auditor reported frauds, independent director declarations, director appointment and remuneration policy where applicable, board responses to audit qualifications, particulars under section 186, related party contracts in Form AOC 2, state of affairs, reserve transfers, dividend recommendations, post year material changes, and mandatory disclosures on energy conservation, technology absorption, R&D, and foreign exchange. It must also address risk management, corporate social responsibility, board evaluation (where applicable), financial highlights, director/KMP changes, deposit compliance, significant regulatory orders, and internal financial control adequacy, with abridged rules for OPCs and Small Companies and additional SEBI listing disclosures. (AI Summary)
Date 03 Aug 2018
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Significant beneficial ownership disclosure requires individuals and companies to declare and document ultimate share ownership and respond to statutory notices.
Identification and disclosure obligations require companies and underlying individuals to determine and report persons who hold significant beneficial ownership in company shares where the registered holder is not the ultimate beneficiary. Individuals meeting the threshold must submit a prescribed declaration to the company; companies must maintain a register, issue notices to gather information, file the prescribed return with the registrar, and apply to the tribunal if satisfactory information is not furnished. (AI Summary)
Date 25 Jul 2018
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Commencement of Companies Amendment Act provisions notified; staged commencement triggers specific compliance and filing obligations for companies.
Staged commencement of the Companies (Amendment) Act, 2017 provisions activates multiple compliance areas: definitions and prospectus disclosures; registration and satisfaction of charges; declarations of beneficial interest and a Register of Significant Beneficial Owners; annual return and AGM procedures; financial statement preparation and filing; auditor appointment duties; director identification, disqualification, resignation and governance committee obligations; loan and investment restrictions; special courts and appellate tribunal provisions; and rules on acceptance and repayment of public deposits. (AI Summary)
Date 18 Jul 2018
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DIR-3 KYC: Mandatory director database update via new filing format under Rule 12A notification issued.
The notification prescribes DIR-3 KYC as a mandatory electronic filing to update the statutory directors database, introducing a specified E form format under Rule 12A. The measure requires directors to submit prescribed KYC particulars in the notified format to maintain accurate corporate registers and enable regulatory record keeping, creating a compliance obligation and a procedural mechanism for periodic database updates. (AI Summary)
Date 17 Jul 2018
Chinki Singhal
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Organization

Chinki Singhal & Associates

Connected
Connected

June 2018