Showing posts with label company formation. Show all posts
Showing posts with label company formation. Show all posts

Saturday, December 20, 2014

Liquidator Appointment Under Section 310 of A Company

  1. The company liquidator had to be appointed from the panel prepared by the central government.
  2. Now on appointment as Company Liquidator, such liquidator has to file a declaration in the prescribed from within 7 days of the date of appointment disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the company and the creditors and such obligation shall continue throughout the term of his or its appointment.
  3. Now only one company liquidator shall be appointed as opposed to the Companies Act, 1956 where more than one can be appointed.
  4. The creditor shall in both the cases where they approve the liquidator appointed by the members or while appointing their own liquidator shall fix remuneration.
  5. The power given to director or member to file an application before the Tribunal that liquidator appointment by creditor should be appointed or some person to be appointed as liquidator has been dispensed with.
  6. The company in its AGM meeting shall fix the remuneration if any, to be paid to the liquidator or liquidators.
  7. The provision that any remuneration so fixed shall not be increased in any circumstances whatever, whether with or without the sanction of the Tribunal has been dispensed with.
  8. The provision that till the time the remuneration of the liquidator or liquidators is not fixed he shall not take change of his office has been dispensed with.
  9. The provision doesn’t specifies what will be the course of action if creditor neither appoints their own liquidator nor approve the liquidator appointed by the member.
Besides company liquidation Due Diligence Financial Services provides Company registration in Delhi NCR including Gurgaon Ghaziabad Noida Uttar Pradesh Bihar Patna Deoghar Dhanbad Ranchi Jharkhand etc. We provides Company consultancy services in terms of Book Keeping VAT Services ITR Filing Services Import Export services Fixed Assets Tagging Services XBRL consultancy services including Company registration Consultant in Delhi NCR includes Deoghar Bihar Jharkhand Ranchi Gurgaon Ghaziabad Uttar Pradesh Noida etc.

Wednesday, December 17, 2014

Incorporation of Company and Matter Incidental Thereto

  1. At the of Company Formation there required an affidavit from every subscribers of MOA and from person named as First Directors its AOA, if any, in the Articles in From No INC.9 shall be submitted that he is not convicted of any offense in connection with the promotion, formation or management of any Company , or that he has not been found guilty of any found or misfeasance or of any breach of duty to any Company under this Act or any previous Company law during the preceding 5 years and that all the document field with the Registrar for registration of the Company contain information that is correct and complete and true to the best of his knowledge and belief.
  2. Where, if it can be found at any time after Company Registration in Delhi Gurgaon Noida Ghaziabad Deoghar Dumka Patna Ranchi Dhanbad Uttar Pradesh etc, it is can be proved that the Company has been formed by furnishing any incorrect  and false information or representation and by suppressing any important material fact or information in any of the documents or declaration field or made for incorporation such company, or by any fraudulent action, the Promoters, the persons named as the First Directors of the Company and the persons making declaration under clause (b) of sub-section (1) shall each be liable for action under Section 447 and will be subject to stringent punishment.
  3. Apart from the punishment, the Tribunal may also on an application, if satisfied, that wrong information or representation is made or material facts have been suppressed at the time of incorporation, it may order for monetary punishment and imprisonment to First Directors, Promoters and the person giving such declaration.
  4. The Company shall be given a reasonable opportunity of being heard in the matter; and The Tribunal shall take into consideration the transactions entered into by the Company, including the obligation, if any, contracted or payment of any liability. (Provision not notified)
  5. The application for incorporation of the Company shall be field in Form No.2 (for One Person Company) and Form No. INC.7 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 for registration of a company. Under the Companies Act, 1956 the said from was Form No 1.
  6. While witnessing the signatures of the subscribers to the Memorandum, the witness shall also certify that he has verified the ID of the subscribers for the identification and has also satisfied himself about their particulars. (Rule No 13(1) of the Companies (Incorporation) Rule 2014)
  7. The rules also provides the manner of singing of memorandum in a case of subscriber is illiterate, a body corporate or foreign national. Where subscriber to the memorandum is foreign national and visited India for purpose of incorporating a Company, then no apostlisation or notarization is required provided he has a valid business License. The requirement of business License is not applicable to foreign national who are of Indian origin or overseas citizen of India. For Company Incorporation in Delhi Gurgaon Noida etc. there required a declaration by a chartered accountant or an advocate or cost accountant and company secretary in practice shall be in Form No INC.8. Under .the Company Act 1956 the said declaration was in Form No 1.
  8. Following Additional Information needed in respect of the subscribers:
  • Photograph
  • PAN
  • Educational qualification
  • Proof of identity and residence
  • Specimen signature of director duly verified by respective banker or notary at the time of incorporation
  • In case the subscriber is a foreign national Proof of nationality
  • Similar information as aforesaid  for parson singing on behalf of body corporate
  • Certificate of incorporation and address proof, in case of foreign bodies corporate. 
Particulars of first directors along with their consent and details of his interest in other firms and bodies corporate shall be field in Form no DIR.12.

Company Registration Consultant in Delhi Deoghar Patna Bihar Jharkhand Ranchi Dhanbad Ghaziabad Gurgaon and Noida.