“Incorporation” in Company Law
LLP Agreement - Essential Clauses to be included
What is the LLP Agreement? Section 2(1)(O) of the Limited Liability Partnership Act, 2008 defines it as under: “LLP Agreements mean any written agreement between the partners of the Limited...
Incorporation of Company with a Foreign Director in India
India has one of the fast-growing economies in the world and this can partly be credited to the FDI (Foreign Direct Investment) inputs to the country and to globalization. A large number of foreign companies have started to set up their businesses here since the country provides them with seasoned...
Establishment of Branch Office of Foreign Company
Legal forms in which a foreign company can set up its establishment in India? Branch Office Liaison Office Project Office Corporate Entity which could be wholly or partly owned by the foreign...
Form INC 20A : What if you have not Filed a Declaration for Commencement of Business
Form 20A is a declaration that needs to be filed by the directors of the company at the time of the commencement of the business. It should be verified by a Chartered Accountant (CA) or Company Secretary (CS) or a Cost Accountant in practice.
Procedure for a change in the Object clause of MOA
This Article contains the procedure for a change in the Object clause of the Company under the Companies Act, 2013 with detailed documentation required. I hope this document would be of some help w.r.t. professional workings. Memorandum of association is the charter of the company and defines the...
Dematerialisation of Shares by Private Companies (Rule 9B)
For most of this Act's life, demat was a listed-company problem. Rule 9A pulled in unlisted public companies in 2018. Rule 9B, inserted in 2023, pulled in private companies.
Directorship KYC: DIR-3 KYC Annual Filing and DIN Compliance
Every director holding DIN must file DIR-3 KYC once every three financial years to keep DIN active. Learn about DIR-3 KYC process, documents, due dates, and consequences of non-compliance under Companies Act 2013.
Company Registration in India: Complete Guide (2026)
Starting a business in India requires selecting the right legal structure and completing the company registration process as per government regulations. This guide covers everything—from types of companies to step-by-step registration, documents, costs, and compliance. What is Company...
Process of Conversion of OPC Into Private or Public Company
As proposed in Budget Speech in respect of amendment in the provision of One Person Company. MCA has introduced “Companies (Incorporation), Second Amendment Rules, 2021 on 1st February 2021. Most...
How to Become an Independent Director in India
The real six-step path to an independent directorship — eligibility, DIN, IICA databank, the proficiency test, how boards find candidates, and the appointment...
Penalties for Non-Compliance: A Section-wise Chart
Almost every penalty provision in the Companies Act reads "the company and every officer in default". If your company has no key managerial personnel — and most private companies don't — and your Board has never passed a resolution naming who the officer in default is, then the answer is: all of...
Accepting Deposits from Members (Sections 73–76A)
A private company can take deposits from members up to 100 percent of capital and reserves without the circular or reserve account - but Section 76A starts at Rs 1...
Conversion of a Private Company into a Public Company
Conversion of the status of the company from private limited to public limited would become effective form the date of receipt of the approval of the ROC through the change of name would become effective on the issue of fresh Certificate of Incorporation.
How can I incorporate a subsidiary of a foreign company in India?
Whenever anyone incorporates a Company in India as a ‘Subsidiary” or “Wholly-owned Subsidiary (WOS)” of a Company incorporated outside India. Many questions came into notice like: What are the...
NBFC- Types, Documents Required and Compliance
A Non-Banking Financial Companies (NBFCs) are financial institutions incorporated under the companies act 2013, meant for ensuring services ranging from loans to advances, acquisition of shares/stocks/bonds/debentures/securities, which are issued by Government or local authority or other marketable...
Board Meetings under Section 173
The Board is where your company's decisions are legally made. Section 173 says how often it has to meet, Section 174 says when a meeting is validly constituted, and Section 118 with Secretarial Standard 1 says what has to be recorded.
Form INC-20A: Declaration of Commencement of Business
INC-20A is due within 180 days of incorporation - miss it and your company can't legally trade or borrow. What to attach, the fees, the penalty and the strike-off risk.
Share Certificates under Section 46
A share certificate is your company's formal declaration of who owns what. Section 46(1) makes it prima facie evidence of title — issued under the common seal if you have one, or signed by two directors, or by a director and the company secretary where you've appointed one.
List of Forms on which additional fees is waived off by ROC
Business owners, startups, professionals, and taxpayers dealing with List of Forms should understand the applicable rules. Requirements can vary by turnover, entity type and activity, so it is best to confirm your specific case before proceeding.
Process of Alteration in Name of Company
As you all know that company is a separate legal entity. It must require having a name of its own to establish its Separate identity. The name of the company is a sign of its independent existence. The first clause in the Memorandum of Association (MOA) of the company states the name by which a...
SPICe+ Part A vs Part B: What Goes Where
Part A reserves the name, Part B incorporates the company. What each one asks for, the linked forms, the fees, and how to decide whether to file them together or...
Minimum Members, Directors and Capital for a Private Limited Company
Two members, two directors, no minimum capital. The provisions behind each number, the 182-day resident director rule, and why authorised capital deserves headroom...
AGM for a Private Limited Company (Section 96)
When your AGM is due, the nine-month first AGM rule, 21 clear days notice, quorum, how to get a GNL-1 extension - and why the first AGM can never be extended.
Registered Office and Form INC-22
When INC-22 is needed, what to attach, how to change your registered office within a city, ROC or state - and the display rules under Section 12(3) most companies...