The Process of Company Registration in Gujarat - Detailed Guide

The Process of Company Registration in Gujarat – Detailed Guide

Confused about how to register a company in Gujarat? Searching for the company registration in Gujarat process? You are at the right place. This blog has all the details we need to know before you decide to register your business in Gujarat.

Gujarat is the business hub and topmost choice of some of the top companies in our country. From agricultural produces like groundnuts, cotton, sugarcane, and dates to industrial products like petrol and cement.

Minimum Requirement for Company Registration in Gujarat

PRIVATE LIMITED COMPANY :

  • A minimum of 2 Directors and a maximum of 15 and one of the directors should be a resident of India.
  • A minimum of 2 Shareholders are compulsory and a maximum of 200 Shareholders.
    Government Fees for company registration in Gujarat is lesser than non-corporate entities. It is to promote ease of doing business. The stamp duty fees will be based on the authorized capital of the company and other fees include fees for PAN TAN and DSC
  • A local address is required for the registered office.
  • Address proof along with the Identity proof of all the Directors.
  • PAN card is also required for all Indian nationals directors.

PUBLIC LIMITED COMPANY :

  • 3 Directors minimum and one of the directors must be an Indian resident.
  • The company requires a minimum of 7 shareholders and there is no limit on the maximum limit.
    Government Fees for company registration in Gujarat is lesser than non-corporate entities. It is to promote ease of doing business. The stamp duty fees will be based on the authorized capital of the company and other fees include fees for PAN TAN and DSC
  • A local address is required for a registered office
  • Address along with the Identity proof is compulsory for each director
  • PAN card is also compulsory for all Indian nationals directors of the company
  • DIN (Director Identification Number) for each of the Directors
  • DSC (Digital Signature Certificate) for each of the Directors and shareholders

Steps for Company Registration in Gujarat

Now comes the most important part; the process of registering a company in Gujarat. To help you understand in better ways we have divided the process into 5 simple steps. Let’s have a look at each step one by one:

Step 1: Collect the Digital Signature Certificate (DSC)

The company registration procedure in Gujarat is completely online. Hence the company that is going to register your business will require a digital signature certificate to incorporate the company.
For all the directors and the subscribers, It is compulsory to carry a valid DSC ( Class II or III). We are here to provide the DSC in just 24 hours. The process of generating the DSC has already been included in our package. If all the directors of the company already possess the DSC then this step can be skipped.

Step 2: The application process for DIN (Director Identification Number)

Every director of a company must have a DIN and if he or she doesn’t have one then the application for DIN will be required. A director can use one DIN to become the director in any number of companies. There are two ways to obtain the DIN either by filing the DIR-3 or directly via the SPICe during the incorporation time.

Step 3: Approval of the Name Application

The name approval process can be done in two ways either by using the Name Approval form or it can be done together with SPICe (INC-32) during the time of incorporation of the company. There are times when the name gets rejected in the first chance then the company has to file for a resubmission or file the SPICe form again. The whole process needs 2-3 days to complete.

Please note that the DIN and DSC are not mandatory to file the Name Approval form. This process is for the reservation of name. It only needs an MCA Account.

Step 4: Fill SPICe (INC-32) Form

Complete the application of INC-32 and get it digitally attested from a Company Secretary or a Chartered Account or an in practice Advocate.

Step 5: Fill e-MoA (INC-33) and e-AoA (INC-34)

Both e-MoA (INC-33) and e-AoA (INC-34) forms are now available online at the MCA portal. These two forms along with SPICe ( INC-32) are required to be submitted. These forms are required a digital signature by the MOA and AOA subscriber.
After that, the next step is to check if all the details are truly filled and all the required documents are verified and attached.  The registrar can issue the certificate of Incorporation along with that the CIN (Corporate Identity Number) will be allotted to the company.

It’s Time To Register Your Company

Now that you are well aware of the things you need to know about the company registration in Gujarat. It’s time to take the decision. Start the process to register your business today.

Need company registration in Ahmedabad? We are an expert team with amazing experience in managing businesses from all types of industries. From real estate to digital marketing and IT firm we know what it takes to register a company smoothly and seamlessly in Ahmedabad Gujrat.

CFSS 2020

Companies Fresh Start Scheme 2020

Companies Fresh Start Scheme or CFSS 2020 is a one in a lifetime opportunity for all those companies which have previous filing defaults. In India; every registered company has to follow some norms which are directed by the Goverenment of the country. Some of these norms are: 

Filing of financial statements, filing of annual return, books of accounts filing, and other business-related documents which government ask from them.

Now due to any reasons if you miss abiding these norms you get a penalty or interest by the Goverenment. Hence; your company will get into the category of “Defaulting Companies”. 

Now the Government is giving a chance to all the defaulting companies. Regardless of the default duration, the company will not get any additional charges or penalties. Also, it can be counted as a single time waiver of penalty for delayed filing. 

Why This Blog For CFSS 2020?

This blog is written with an objective to help you utilize the advantages of CFSS. We have created this blog to answer some of the popular queries related to CFSS 2020. Keep reading till the end to know everything about CFSS.

If you are someone who doesn’t like reading long blogs but wants to know everything about CFSS, then we have a video for you:

What is the validity of CFSS 2020:

The government has provided a fixed period to apply for CFSS 2020; from 1st April 2020 to 31st December 2020. The companies are required to complete the process in this time period only.

Which forms are required to be filed to get the benefits of this scheme?

Following are the important forms that are required to be filed:

DIR-3 KYC/Webform Application for KYC of Directors

AOC-4 Form to file financial statement along with other documents with the Registrar

MGT-7 To file Annual Return

ADT-1 Information to the Registrar by the company for appointment of an auditor

ADT-3 Notice of Resignation by the Auditor

INC-4 Announcement for Change in Member/Nominee

These were some of the basic forms which are required. If you want to check the complete list of the forms check out this link.

What are the benefits of the CFSS 2020 Scheme?

  • Zero additional fees for delayed filings of any of the forms required by the MCA
  • No imposing of penalty for filing the belated documents
  • Safety from getting prosecuted

When is the Non Applicability of the CFSS 2020 Scheme?

  • Documents related to Charge (CHG-1, CHG-4, CHG-8, and CHG-9)
  • Case of Increased Authorised Capital (Form SH-7)
  • If the final notice for Striking off the name of the company is initiated
  • If a company has voluntarily filed an application to strike off the name
  • Companies which have applied for Dormant Status
  • Amalgamated Companies
  • Vanished Companies

What is the scheme for Inactive Companies? 

The defaulting companies, along with filing due documents can:

  1. Apply for Strike Off by filing E-Form STK-2
  2. Apply for the status of the Dormant Company by filing E-Form MSC-1

How to apply for Seeking Immunity under CFSS 2020?

The application for seeking immunity can be done by electronically filing form CFSS-2020 and the same has to be annexed with Scheme. After filing Form- CFSS 2020, The company will get the immunity certificate.

What is the due date for electronically filing Form CFSS-2020

Form – CFSS-2020 shall be filed within six months of the expiry of the Scheme. The Scheme expires on 30th December 2020. Thus the Form can be filed within six months from 30th December 2020.

What is the fees for electronically filing Form CFSS-2020

No fee is payable on the Form- CFSS-2020.

What actions can be taken on the defaulting companies at the conclusion of the Scheme

After completing the process of the Scheme, the Designated Authority will take the actions required under the Act. It will be against the companies who still have not registered under the CFSS Scheme and still are in default of filing documents in a timely manner.

Where Immunity of this scheme is inapplicable?

Any appeal pending in the court of law

In case of management disputes of company pending before any court of law or tribunal

If there is any order imposing a penalty that has no appeal preferred before this scheme.

What is the effect of Immunity? 

Designated Authority will withdraw the prosecution which was pending and the adjudication of all the penalties under Section 454 of the Companies Act, 2013 will take place, in respect of defaults against which immunity has been granted will get the status of completed without any further action from the Designated Authority.

When the Immunity of this scheme will not be applicable?

For the following cases the immunity will get rejected:

Any pending appeal in the court of law

In case of management disputes of company pending before any court of law or tribunal

If a conviction for the court has been ordered in any matters and no appeal preferred before this scheme

Any order imposing penalty has been imposed and no appeal preferred before this scheme.

 

What is the procedure to apply for CFSS 2020?

  1. Defaulting Company: Pending Forms/Documents to be filed by paying  

normal statutory fees.

  1. Making all default good: File the Form CFSS-2020 within 6 months of 

closure of Scheme

  1. Immunity Certificate: On the basis of declaration made in Form CFSS-

2020 the designated authority will issue an Immunity Certificate.

CONCLUSION:

Now it’s your turn. If you still haven’t utilized the benefits of CFSS 2020 then this is the high time. This is a one time opportunity for business under the “defaulting company” category. If you need any professional help or advice we are here for you. Get in touch with us today.

 

 

Types Of Business Organisations In India

Types Of Business Organizations In India

Whenever we plan to start our own startup, one of the biggest confusion or challenges which we come across is; what type of business organization can you register your firm in?

If you are also searching for the answer to this question then you are in the right place.
After the launch of Atama Nirbhar Bharat; Startup culture is booming in our country. We all are excited and enthusiastic to start our own company and to try that special idea which we know will work definitely.
Hence; to support you throughout the process we are here but first, you need to understand what exactly are the different types of organizations as per the corporate law of our country.

We will talk about the two important topics in this blog:

What are the types of business organizations?
How to select the right business organization?

If you are someone who doesn’t like to read much then we have a video for you. Watch the video to understand the entire concept smoothly:

What are the types of business organizations in India:

Proprietorship

A single person will handle the entire business process; management, operations, decision making, profit, and loss. This type of business is easy and quick to set up and it requires a less financial investment to register. The single owner of the company will be liable for everything and it gives creditors the authority to go after the personal assets of the owner.
Looking for Proprietorship Registration? Get In Touch With Us.

Partnership Firm

A company registration process requires a minimum of 2 partners and a maximum of 100. The partners of the firm can decide the terms of the partnership like a share of profit and loss. The company will have its own identity; a PAN card will be generated on the name of the company.
Want To Register Your Partnership Firm? We are here.

Corporation

A business firm that has its own legal identity other than its owners. The ownership of the company mostly decided by the shares a person holds in the company. The company will have its owners along with a board of directors.
There are 2 types of corporate companies:
Private Limited Company
Public Limited Company
Let’s have a look at each one of them.

Private Limited Company:

A business entity that has a small group of people as its owners. A private limited company will be registered for the pre-defined objects. The company will have owners who are called shareholders. A company which has the aspiration of higher growth opts for private limited registration.
Let’s Register Your Private Limited Company Today!

Public Limited Company:

In very simple terms; a public limited company can be defined as a separate legal entity that trades its shares on the stock exchange. The stocks are then available for the public to buy. A public limited company has to provide its financial position and statistics to the public and maintain transparency with the shareholders.
We specialize in Public Limited Company Registration.

4. OPC (One Person Company)

An OPC is a hybrid of proprietorship and Corporation. If a person wants to be the sole owner of the company but needs corporate structure then OPC is the best option. An OPC has its own legal identity hence the owner will not be liable to any creditors.

Register your OPC with us today.

5. Limited Liability Partners (LLP)

In LLP; The liability of each partner is limited to the amount they have invested in the business. LLPs are most popularly adopted by professional businesses like wealth managers, law firms, and accounting firms.

Want to register your LLP? We are here for you.

How to select the right business organization?

Now that you have a basic understanding of types of business organizations; it’s time to select the right one for you. It is very important to decide on the right organization as the future of your business depends on it.

Consider the following factors before finalizing your business organization:

The requirements of the paperwork along with the costs and expenditure

The first thing to check is the requirements of the paperwork. Take a list of all the documents required for the registration and make sure you have all those available.

Tax Implications

Each business organization has a different taxation process. It doesn’t matter if your company will be small or large you will be required to pay the taxes as per the laws of that organization type.

Transferability of the business in the future

We always want our kids to take over our company. It is important to make sure that the organization type you are selecting will not die with you. Clear the transferability clauses in advance.

Liability protections

We can never think about losing our hard-earned money or property to a failed business plan. So make sure that you are clear of the liabilities of your company and the company has a separate legal identity.
These were just a few factors which we mentioned here, there are a lot of other factors which matter a lot when it comes to selecting the right business organization for your company.

Over To You!!

If you are still thinking about the type of business organizations and which one is the most suitable for your company then we are here for your assistance. Get in touch with us today and we will assist you throughout the process.
Corporate Hub has the perfect team of experienced professionals who can provide a 360-degree solution to your company. Contact us today for any query and we will be happy to help!