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Company incorporation procedures: five-step compliance process for name reservation, document assembly, SPICe filings and certification.
The document sets out a five-step compliance process for company incorporation under the Companies Act, 2013: name reservation via RUN or SPICe with a twenty-day reservation period; preparation of prescribed documents including subscriber/director declarations, registered office proof, owner NOC, utility bills, KYC, DIR 2 consents and DSCs; completion of SPICe (INC 32), SPICe MOA (INC 33) and SPICe AOA (INC 34) capturing company type, capital, directors, subscribers, MOA objects and AOA articles; professional certification by a practicing CA/CS/CMA; and filing with payment of statutory fees and Registrar scrutiny leading to incorporation. (AI Summary)
Author
Date 06 Dec 2018
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Directors KYC requirement: failure to file triggers DIN deactivation and reactivation only after KYC filing and prescribed fees.
Every individual allotted a Director Identification Number must submit e form DIR 3 KYC by the prescribed due date; the obligation applies to all directors including disqualified directors. Filers must provide identity and address proof, director's personal mobile and email for OTP, passport where applicable, and registered digital signature, with certification by a practising chartered accountant, company secretary, or cost accountant. Late filing attracts a prescribed fee and non filing leads to DIN deactivation, which is reversible only after KYC filing and payment of prescribed fees. (AI Summary)
Author
Date 25 Aug 2018
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Annual filing deadlines for financial statements and returns impose strict timelines, form requirements and penalties for noncompliance.
Companies must prepare, board-approve and adopt financial statements and file them and annual returns within statutory timelines: financial statements within thirty days of the AGM (one hundred eighty days for One Person Companies from year-end) and annual returns within sixty days of the AGM. Prescribed e-forms include MGT-14, ADT-1, AOC-4 (and variants), MGT-7 and CRA-4, each requiring specific attachments. XBRL filing applies to listed entities, larger companies by capital or turnover, and those under Indian Accounting Standards, with certain financial-sector exemptions. Delays attract daily additional fees and graduated multipliers and potential penalties for officers. (AI Summary)
Author
Date 10 Aug 2018
Vaishali Jain
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August 2018