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  • Added for You - Incorporation Of A Private Limited Company In India - Procedures And Steps Involved

    How Your Business Can Save Time And Money With High Tech Digital Signage
    Simply put 'digital signage' is an electronic display device which is used in and outdoors to present constantly changing, computer generated information with full motion video, text, and animations. Digital signage is considered to be a dynamic billboard or poster.You can call it captive audience networks, digital signage, electronic display networks, digital dynamic signage, narrowcasting, data casting, digital in-store merchandising, employee TV, captive audience networks, out-of-home media networks, retail TV, digital media networks, electronic billboards plus other terms one things is true, it's here to stay.The display devices used in digital signage systems include Plasma Display Panels (PDPs), liquid crystal display monitors (LCDs), cathode ray tube Monitors (CRTs), normal televisions, projection display screens, scrolling led message boards and stand alone kiosks with touch screens for interactivity.How Digital Signage Can Sav
    Noida MCA office from where DIN is allocated and notified by post to the Director's address provided in the form.

    3.2 DIN 2: On allotment of DIN, the Director needs to notify the DIN details to the company using the DIN 2 form.

    3.3 DIN 3: The company needs to inform the RoC about the DIN details of the Directors using the DIN 3 form.

    For more details on the DIN related steps, refer to the MCA website.


    4. Sales / Service Tax Registration

    4.1 Sales Tax: On obtaining the Incorporation Certificate (required), the company needs to apply for Taxpayer's Identification Number (TIN) and CST Number at the Commercial Tax Office. For more details and the forms, refer to the State Government's Commercial Tax Office websites.

    4.2: Service Tax: In case the newly formed company is providing services (e.g.: Consultancy services etc.), registration for Service Tax is necessary. The registration needs to be done with the Central Excise Commis

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    The process of setting up a new business is an exciting one but for a first time entrepreneur, the initial steps needed to legally set up a business entity can be a trifle confusing. Based on my experience as a first time entrepreneur myself, I have compiled a list of things that need to be taken care of for incorporating and starting the operations of a Private Limited Company in India. This is just a guide and usually, the best people to seek clarifications from are Chartered Accountants and Company Secretaries. It is just too difficult for a layman to keep track of the ever changing procedures, forms and laws and therefore, professional Chartered Accountants and Company Secretaries are of immense help in this process! The list mentioned below provides an overview of the important steps involved.


    1. Company Registration

    1.1 Memorandum and Articles of Association: Before approaching the Registrar of Companies (RoC), it is preferable to complete the process of preparing the draft Memorandum and Articles of Association, bring in the share application money and appoint the directors. First director is usually a shareholder of the company and a minimum of 2 directors is required for a company that is going to be a Private Limited Company.

    1.2 Ascertaining Name Availability: The proposed name of the business needs to be checked for availability. This can be done online at the official Ministry of Company Affairs (MCA) website. It is also advisable to check for presence of other similar sounding names as this may not be acceptable to the RoC. Once the name has been decided, e Form 1A needs to be submitted, usually with 3 name options, to the RoC to apply for the name, along with the fee of INR 500 (can be done online through the MCA website).

    1.3 Registration: On obtaining the name approval from the RoC, Form 23 needs to be submitted to them. A copy of the Board resolution to adopt the name of the company also needs to be submitted. Registration fees needs to be paid at this stage. The fee amount depends on the share capital of the new business and can be determined online by entering the details in the MCA website (http://www.mca.gov.in/).

    1.4 Incorporation Certificate: Duly filled Form 1B needs to be submitted to the RoC to obtain an Incorporation Certificate. Check the MCA website for fee details, if any.

    1.5 Director Appointment: Duly filled Form 32 needs to be submitted to the RoC to notify Director Appointment. Check the MCA website for fee details, if any.

    1.6 Address Proof: Duly filled Form 18 needs to be submitted to the RoC to provide address proof of the business. Check the MCA website for fee details, if any.

    On submission of Forms 1B, 32 and 18 completely filled, Incorporation Certificate will be provided in about 1 month. The Incorporation Certificate is to be attached as the 1st page in the Memorandum and Articles of Association document.

    1.7 Allotment of Share Capital: For allotment of Shares to various shareholders, Form 2 needs to be submitted to the RoC.

    1.8 Increase of Share Capital: Form 5 needs to be submitted in case of increase in the Authorized or Paid-up share capital.


    2. Digital Signature

    For online submission of forms in the MCA website, Digital Signatures of the authorized signatories is required. Therefore, this may be obtained before commencement of Step 1.2 above in case online submission of forms is going to be done to the RoC through the MCA website. Digital Signatures are currently given by TCS and SIFY and there is a charge for this. The application forms for obtaining Digital Signatures should also be available with TCS and SIFY.


    3. Director Identification Number (DIN)

    3.1 DIN Application form: On obtaining the Incorporation Certificate, the DIN Application form can be downloaded from the MCA website, filled and sent to the Noida MCA office from where DIN is allocated and notified by post to the Director's address provided in the form.

    3.2 DIN 2: On allotment of DIN, the Director needs to notify the DIN details to the company using the DIN 2 form.

    3.3 DIN 3: The company needs to inform the RoC about the DIN details of the Directors using the DIN 3 form.

    For more details on the DIN related steps, refer to the MCA website.


    4. Sales / Service Tax Registration

    4.1 Sales Tax: On obtaining the Incorporation Certificate (required), the company needs to apply for Taxpayer's Identification Number (TIN) and CST Number at the Commercial Tax Office. For more details and the forms, refer to the State Government's Commercial Tax Office websites.

    4.2: Service Tax: In case the newly formed company is providing services (e.g.: Consultancy services etc.), registration for Service Tax is necessary. The registration needs to be done with the Central Excise Commiss

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    e process of preparing the draft Memorandum and Articles of Association, bring in the share application money and appoint the directors. First director is usually a shareholder of the company and a minimum of 2 directors is required for a company that is going to be a Private Limited Company.

    1.2 Ascertaining Name Availability: The proposed name of the business needs to be checked for availability. This can be done online at the official Ministry of Company Affairs (MCA) website. It is also advisable to check for presence of other similar sounding names as this may not be acceptable to the RoC. Once the name has been decided, e Form 1A needs to be submitted, usually with 3 name options, to the RoC to apply for the name, along with the fee of INR 500 (can be done online through the MCA website).

    1.3 Registration: On obtaining the name approval from the RoC, Form 23 needs to be submitted to them. A copy of the Board resolution to adopt the name of the company also needs to be submitted. Registration fees needs to be paid at this stage. The fee amount depends on the share capital of the new business and can be determined online by entering the details in the MCA website (http://www.mca.gov.in/).

    1.4 Incorporation Certificate: Duly filled Form 1B needs to be submitted to the RoC to obtain an Incorporation Certificate. Check the MCA website for fee details, if any.

    1.5 Director Appointment: Duly filled Form 32 needs to be submitted to the RoC to notify Director Appointment. Check the MCA website for fee details, if any.

    1.6 Address Proof: Duly filled Form 18 needs to be submitted to the RoC to provide address proof of the business. Check the MCA website for fee details, if any.

    On submission of Forms 1B, 32 and 18 completely filled, Incorporation Certificate will be provided in about 1 month. The Incorporation Certificate is to be attached as the 1st page in the Memorandum and Articles of Association document.

    1.7 Allotment of Share Capital: For allotment of Shares to various shareholders, Form 2 needs to be submitted to the RoC.

    1.8 Increase of Share Capital: Form 5 needs to be submitted in case of increase in the Authorized or Paid-up share capital.


    2. Digital Signature

    For online submission of forms in the MCA website, Digital Signatures of the authorized signatories is required. Therefore, this may be obtained before commencement of Step 1.2 above in case online submission of forms is going to be done to the RoC through the MCA website. Digital Signatures are currently given by TCS and SIFY and there is a charge for this. The application forms for obtaining Digital Signatures should also be available with TCS and SIFY.


    3. Director Identification Number (DIN)

    3.1 DIN Application form: On obtaining the Incorporation Certificate, the DIN Application form can be downloaded from the MCA website, filled and sent to the Noida MCA office from where DIN is allocated and notified by post to the Director's address provided in the form.

    3.2 DIN 2: On allotment of DIN, the Director needs to notify the DIN details to the company using the DIN 2 form.

    3.3 DIN 3: The company needs to inform the RoC about the DIN details of the Directors using the DIN 3 form.

    For more details on the DIN related steps, refer to the MCA website.


    4. Sales / Service Tax Registration

    4.1 Sales Tax: On obtaining the Incorporation Certificate (required), the company needs to apply for Taxpayer's Identification Number (TIN) and CST Number at the Commercial Tax Office. For more details and the forms, refer to the State Government's Commercial Tax Office websites.

    4.2: Service Tax: In case the newly formed company is providing services (e.g.: Consultancy services etc.), registration for Service Tax is necessary. The registration needs to be done with the Central Excise Commis

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    At about two months, I had my first photo accepted on my first online photo site. At two and half months I was finally taking better digital photographs. It was a great day for me when my first photo was accepted in the test submission stage to qualify.I had had months of trial and error. I did it the hard way; but then I had to use what I had! I would not do it that way again. I only had a regular camera, ie: a basic Canon sure shot. I read-up on what the best film type was for the lighting required on a film camera, used the available light outside, which happened to be early spring at noon, and I gave it a go. I had the right ASA film – 100, but… of course I could not change the ISO setting. The photostock company rejected the photos saying I had borderline grain, which is called noise.I knew very little at the time but had a lot of desire.I remembered that I had a lot of better-shot photos I had taken with a Canon EOS and it’s atta
    so needs to be submitted. Registration fees needs to be paid at this stage. The fee amount depends on the share capital of the new business and can be determined online by entering the details in the MCA website (http://www.mca.gov.in/).

    1.4 Incorporation Certificate: Duly filled Form 1B needs to be submitted to the RoC to obtain an Incorporation Certificate. Check the MCA website for fee details, if any.

    1.5 Director Appointment: Duly filled Form 32 needs to be submitted to the RoC to notify Director Appointment. Check the MCA website for fee details, if any.

    1.6 Address Proof: Duly filled Form 18 needs to be submitted to the RoC to provide address proof of the business. Check the MCA website for fee details, if any.

    On submission of Forms 1B, 32 and 18 completely filled, Incorporation Certificate will be provided in about 1 month. The Incorporation Certificate is to be attached as the 1st page in the Memorandum and Articles of Association document.

    1.7 Allotment of Share Capital: For allotment of Shares to various shareholders, Form 2 needs to be submitted to the RoC.

    1.8 Increase of Share Capital: Form 5 needs to be submitted in case of increase in the Authorized or Paid-up share capital.


    2. Digital Signature

    For online submission of forms in the MCA website, Digital Signatures of the authorized signatories is required. Therefore, this may be obtained before commencement of Step 1.2 above in case online submission of forms is going to be done to the RoC through the MCA website. Digital Signatures are currently given by TCS and SIFY and there is a charge for this. The application forms for obtaining Digital Signatures should also be available with TCS and SIFY.


    3. Director Identification Number (DIN)

    3.1 DIN Application form: On obtaining the Incorporation Certificate, the DIN Application form can be downloaded from the MCA website, filled and sent to the Noida MCA office from where DIN is allocated and notified by post to the Director's address provided in the form.

    3.2 DIN 2: On allotment of DIN, the Director needs to notify the DIN details to the company using the DIN 2 form.

    3.3 DIN 3: The company needs to inform the RoC about the DIN details of the Directors using the DIN 3 form.

    For more details on the DIN related steps, refer to the MCA website.


    4. Sales / Service Tax Registration

    4.1 Sales Tax: On obtaining the Incorporation Certificate (required), the company needs to apply for Taxpayer's Identification Number (TIN) and CST Number at the Commercial Tax Office. For more details and the forms, refer to the State Government's Commercial Tax Office websites.

    4.2: Service Tax: In case the newly formed company is providing services (e.g.: Consultancy services etc.), registration for Service Tax is necessary. The registration needs to be done with the Central Excise Commis

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    nt.

    1.7 Allotment of Share Capital: For allotment of Shares to various shareholders, Form 2 needs to be submitted to the RoC.

    1.8 Increase of Share Capital: Form 5 needs to be submitted in case of increase in the Authorized or Paid-up share capital.


    2. Digital Signature

    For online submission of forms in the MCA website, Digital Signatures of the authorized signatories is required. Therefore, this may be obtained before commencement of Step 1.2 above in case online submission of forms is going to be done to the RoC through the MCA website. Digital Signatures are currently given by TCS and SIFY and there is a charge for this. The application forms for obtaining Digital Signatures should also be available with TCS and SIFY.


    3. Director Identification Number (DIN)

    3.1 DIN Application form: On obtaining the Incorporation Certificate, the DIN Application form can be downloaded from the MCA website, filled and sent to the Noida MCA office from where DIN is allocated and notified by post to the Director's address provided in the form.

    3.2 DIN 2: On allotment of DIN, the Director needs to notify the DIN details to the company using the DIN 2 form.

    3.3 DIN 3: The company needs to inform the RoC about the DIN details of the Directors using the DIN 3 form.

    For more details on the DIN related steps, refer to the MCA website.


    4. Sales / Service Tax Registration

    4.1 Sales Tax: On obtaining the Incorporation Certificate (required), the company needs to apply for Taxpayer's Identification Number (TIN) and CST Number at the Commercial Tax Office. For more details and the forms, refer to the State Government's Commercial Tax Office websites.

    4.2: Service Tax: In case the newly formed company is providing services (e.g.: Consultancy services etc.), registration for Service Tax is necessary. The registration needs to be done with the Central Excise Commis

    How to Save Money on Ads...By Bartering
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    Noida MCA office from where DIN is allocated and notified by post to the Director's address provided in the form.

    3.2 DIN 2: On allotment of DIN, the Director needs to notify the DIN details to the company using the DIN 2 form.

    3.3 DIN 3: The company needs to inform the RoC about the DIN details of the Directors using the DIN 3 form.

    For more details on the DIN related steps, refer to the MCA website.


    4. Sales / Service Tax Registration

    4.1 Sales Tax: On obtaining the Incorporation Certificate (required), the company needs to apply for Taxpayer's Identification Number (TIN) and CST Number at the Commercial Tax Office. For more details and the forms, refer to the State Government's Commercial Tax Office websites.

    4.2: Service Tax: In case the newly formed company is providing services (e.g.: Consultancy services etc.), registration for Service Tax is necessary. The registration needs to be done with the Central Excise Commissionerate (http://www.servicetax.gov.in/).


    5. Income Tax Registration

    5.1 Company Permanent Account Number (PAN): On obtaining the Incorporation Certificate, PAN for Income Tax needs to be obtained by submitting Forms 49A and 49B to the Income Tax department. Check thier website, http://incometaxindia.gov.in/, for more details.

    5.2 Company Tax deduction Account Number (TAN): For Tax Deduction at Source (TDS) by the company, TAN needs to be obtained from the Income Tax department.


    6. Import Export Code (IE Code)

    In case the new business involves Export and Import dealings, it is necessary to get an IE code. For more details, refer to explanation document provided at http://www.ap.nic.in/jdgft/iec.htm, where steps for obtaining the IE code and its purpose have been elaborated.


    7. Trademark Registration

    Trademark registration can be done by applying to the Office of the Controller General of Patents, Designs & Trade Marks (http://ipindia.nic.in/) using Form TM1. The application has a validity of 10 years and the fee is INR 2500. Only if the Trademark is registered can the "R" symbol be used next to the name.


    8. Current Account Opening

    A Current account is usually opened to conduct the financial transactions of the business. This can be done at any bank and the fee for opening and operating a current account varies across banks and the type of account chosen. For opening a current account, the usual requirement is to fill a Bank Account Opening form and provide the Incorporation Certificate, Address proof of the company and PAN card and Address details of Authorized Account operators.


    9. Share Certificates

    Share certificates need to be issued (usually by the appointed CA) when application money is converted to shares on submission of Form 2 to MCA.


    10. Administrative Issues

    On obtaining the Incorporation Certificate, rubber stamps for the authorized signatories needs to be made as this will be useful while filling up physical forms.


    11. Shareholders Agreement

    This is an agreement entered into by the shareholders that details out the agreed terms, conditions, roles, responsibilities, remuneration and any other details which the shareholders want to record. This is an internal document to ensure transparent dealing among the Shareholders.


    Conclusion
    All the above points are based on what I did in the year 2007 for starting up my company (registered as Dilsebol Customized Apparel Pvt Ltd.); the relevance of these points at a future time period should be thoroughly checked as the laws, rules and regulations are evolving all the time! Good luck for a successful incorporation and an even more successful venture!

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