Magistr_07:
какие формы компании можно открыть в Индии?(в т.ч. срок регистрации, мин.уставный капитал, мин.число участников,обязательно ли наличие участником индийца)
Все зависит от вида бизнеса, штата и еще миллиона условий. Поэтому надо все на месте выяснять. Формальностей море. Но все оформление можно возложить на какую-нибудь проверенную юридическую контору. Наличие индийского партнера обязательно, насколько я знаю.
Вот, к примеру, что нужно для открытия бизнеса в Индии (предварительная бумажная волокита):
Procedure 1. Present name of company for approval to the Registrar of Companies (ROC); Get the Memorandum and Articles of Association vetted by the ROC and printed
Time to complete: 7 days Cost to complete: INR 500
Comment: Name availability application (Form 1A): Select in the order of preference a few names proposed for the new company, which should indicate the main objects of the company to be incorporated. The names chosen should not violate the provisions of Emblems and Names (Prevention of improper Use) Act, 1950 and should not phonetically or visually resemble the name of any existing company. Once the name of the company has been finalized an Application in Form 1A prescribed in the Companies (General Rules and Forms) 1956 along with the filing fees of Rs. 500/- will have to be made in the office of the ROC. It is very important to fill up Form 1A carefully as no change will be made once the Form is filed. With the computerization in the ROC's office, the name availability applications are disposed off within 3 working days after their receipt.,
It is a common practice to have the draft Memorandum and Articles of Association vetted by the Registrar of Companies before one formally registers the company. The procedure is that the MOA & AOA are submitted to the office of the ROC, the relevant official may, after taking a detailed look into the MOA & AOA, bring out certain objections, which need to be suitably addressed. Once the objections are addressed, the documents are finally accepted for registration. The process may take 7-8 days.
Procedure 2. Make an application to the Superintendent of Stamps or an authorized bank requesting for stamping of the Memorandum of Association and Articles of Association.
Time to complete: 1 day Cost to complete: INR 200 (for MOA) + INR 1000 (for AOA) for each slab of INR 500,000/- or part thereof + INR 100 (stamp paper for declaration Form 1)
Comment: The application should be accompanied necessarily by the following:
(i) Two Blank Copies One unsigned copy of the Memorandum of Association and Articles of Association.
(ii) Payment receipt.
Ensure that the copyies submitted to the Superintendent of Stamps or to the bank for stamping areis unsigned and no promoter or subscriber has written anything on it by hand. The Superintendent returns the copy ies one of which is duly stamped, signed and embossed evidencing the payment of the requisite stamp duty. .
The rate of stamp duty varies from State to State.
Stamp duty payable on memorandum of association and articles of association for a company to be incorporated in Mumbai, Maharashtra is:
AOA: Rs. 1000/- for every Rs. 500,000/- capital or part thereof.
Once the Memorandum and the Articles of Association of the cCompany have been stamped, the same is required to be signed by the Promoters of the Company including commencing with the father's name, address, occupation and the number of shares subscribed for in their own handwriting which is duly witnessed.
After signing the documents are to be dated.MOA: If along with AOA: Rs 200.
Declaration form 1: On Rs 100 stamp paper
Procedure 3. Present the required documents along with the registration fee to the Registrar of Companies to get the certificate of incorporation
Time to complete: 9 days Cost to complete: see comments
Comment: Present the following documents along with ROC with filing fee and registration fee:
- The stamped and signed copies of Memorandum and Articles of Association (3 copies).
- Stamped Form-1 (Declaration of compliance), 18 (Notice of situation of registered office of the company) & 32 (Particulars of Director, Manager or Secretary) in duplicate.
- Any agreement if referred to in The MOA&AOA forming part of the Memorandum of Association.
- Any agreement proposed to be entered into with Any individual for appointment as Managing or whole time Director.
- Name availability letter issued by ROC.
- Power of Attorney from the subscribers in favor of any person for making corrections on their behalf in the documents and papers filed for registration. This must be on non-judicial stamp paper of Rs.100/-.
- Passport copies of all first directors (certified by advocates, chartered accountants, etc)
Fill up Form No.1 printed on Rs. 20 non-judicial stamp paper which relates to "declaration of compliance with the requirements of the Companies Act 1956 on application for the registration of a company and all the matters precedent and incidental thereto." The Form has to be signed by an advocate, Company Secretary or Chartered accountant and it is preferable to have it witnessed by the promoters.
The fees paid to the Registrar for registration are scaled according to the amount of the authorized share capital of a company as stated in its memorandum. The schedule is as following:
For registration of a company whose nominal share capital does not exceed Rs.100,000: Rs. 4,000.
For registration of a company whose nominal share capital exceeds Rs.100,000, the above fee of Rs.4,000 with the following additional fees regulated according to the amount of nominal capital:-
(a) Rs. 300 for every Rs.10,000 of nominal share capital or part of Rs.10,000 after the first Rs.1,00,000 up to Rs.5,00,000;
(b) Rs. 200 for every Rs.10,000 of nominal share capital or part of Rs.10,000 after the first Rs.5,00,000 up to Rs.50,00,000;
(c) Rs. 100 for every Rs.10,000 of nominal share capital or part of Rs.10,000 after the first Rs.50,00,000 up to Rs.1 crore;
(d) Rs. 50 for every Rs.10,000 of nominal share capital or part of Rs.10,000 after the first Rs.1 crore.
The above stated fees is required to be paid in the office of the ROC by way of a Demand Draft/ Treasury Challan.
The DD has to be drawn in favor of either the office of the concerned ROC or in favor of the Pay and Accounts Officer, Department of Company Affairs, Mumbai.
In the present case the total amount of fees (including the filing fees of the forms filed) to be paid in the office of the ROC for getting the company registered with an authorized share capital of Rs.1,00,000 approximately would be Rs.4,800/- Schedule of RoC filing fees for the Articles and for the other forms l, 18 and 32:
(i) Rs. 200 In respect of a company having a nominal share capital of Rs. 100,000 or more but less than Rs. 500,000;
(ii) Rs. 300 In respect of a company having a nominal share capital of Rs. 500,000 or more but less than Rs. 2,500,000;
(iii) Rs. 500 In respect of a company having a nominal share capital of Rs. 2,500,000 or more.The ROC will then scrutinize the documents filed by the Company and if necessary the authorized person will on intimation make the necessary corrections under his initials. The authorized person will be provided the Obtain the Certificate of Incorporation of the company from the office of the ROC. The company can commence its business on getting incorporation certificate from RoC. The other procedures given below can be done after the business is started.
Procedure 4. Obtain a company seal
Time to complete: 3 days Cost to complete: INR 350
Comment:
Procedure 5. Visit the UTI Investors Services Limited to obtain a Permanent Account Number
Time to complete: 7 days Cost to complete: INR 71 (INR 66/- for Fee and INR 5/- for Application Form)
Comment: Under the Income-tax Act, 1961, each person is required to quote his Permanent Account Number (PAN) for tax payment and Tax deduction Account Number (TAN) for depositing tax deducted at source. The Central Board of Direct Taxes (CBDT) has instructed banks not to accept any form for tax payments (challan) without the PAN or TAN, as the case may be.
The Permanent Account Number (PAN) is a 10-digit alphanumeric number, issued in the form of a laminated card, by an Assessing Officer of the Income Tax Department.
The Income Tax Department has outsourced PAN allotment to UTI Investors Services Limited. The application for PAN has to be made in Form 49A along with a certified copy of the certificate of registration, issued by the ROC. Form 18 (stating location of registered office) has to be filed with the ROOC at the time of incorporation. Form 49A has to be filled in black ink. The outsourcing was done as a means to speed up the allotment PAN.
Procedure 6*. Obtain a Tax Account Number for income taxes deducted at source from the Assessing Office in the Mumbai Income Tax Department
Time to complete: 7 days (simultaneous with procedure 5) Cost to complete: INR 55
Comment: TAN is required to be obtained by all deductors under Section 203 A of the I-T Act. It is a 10-digit alpha-numeric number and is compulsory to quote TAN in TDS returns (including e-TDS). All those persons who are required to deduct tax at source are required to apply and obtain TAN through form 49B. .
Income tax is levied by the national government. There is also MODVAT which applies only to manufacturers and is therefore not included in this analysis.
Procedure 7*. Register with Mumbai Shops and Establishment Act, 1948
Time to complete: 2 days (simultaneous with procedure 6) Cost to complete: INR 5000
Comment: Registration has to be completed within thirty days from the date on which the establishment commences its work. For the State of Mahashtra (where Mumbai is located), Schedule 1 of the Maharashtra Shops and Establishments Rules prescribe the fees for registration and renewal of registration, which vary depending on the number of employees in the establishment. Cost: Rs. 100 to a maximum of Rs. 6,000 per year, depending on the number of employees. In addition, a sum three (3) times the registration and renewal fee per year is charged as Trade Refuse Charges (TRC) under the provisions of Mumbai Municipal Corporation Act, 1888.
Procedure 8*. Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located
Time to complete: 12 days (simultaneous with previous procedure) Cost to complete: INR 5025
Comment: VAT tax registration will be effective from the date of application.
In the State of Maharashtra, from April 1, 2005, Sales Tax has been replaced by VAT and for VAT registration Form 101 is filed. Further, the authorized representative signing the said application is required to be available at the Sales Tax office on the day of verification of the application. Accompanying documentation included, certified true copy of the MoA and AoA of the company, registered office address proof of the company, antecedents of Directors copy of the office premises agreement as proof of the place of business (in Mumbai), copy of registration certificate under Mumbai Shops and Establishments Act, 1948, copy of Income Tax order, if any and PAN card, bank current A/c. number, original challan of payment of registration fees, two passport size photograph of the authorized signatory, and board resolution authorizing the signatory to sign the application form, appear before the Sales Tax Officer and to complete the formalities related to registration
Procedure 9*. Register for Profession tax
Time to complete: 2 days (simultaneous with procedure 8) Cost to complete: no charge
Comment: Application has to be submitted to the inspector. Registration has to be obtained for each of the directors of the company. The company has to obtain a two-fold registration; one in its capacity as an employer and second in its capacity as a company. Profession Tax is levied by the state authority and the registration has to be obtained post-incorporation of the company.
Procedure 10*. Register with Employees' Provident Fund Organization
Time to complete: 2 days (simultaneous with procedure 7) Cost to complete: no charge
Comment: Provident Commission (part of local labor authority). Procedure: Fill in application.
Provident Fund Registration is optional if employee strength is not more than 20.
Procedure 11*. Register with ESIC (medical insurance)
Time to complete: 1 day (simultaneous with procedure 7) Cost to complete: no charge
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