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MCA services
MCA services typically refer to the services provided by the Ministry of Corporate Affairs (MCA) in India. The MCA is responsible for the administration of the Companies Act, 2013, the Companies Act, 1956, and other allied Acts, rules, and regulations
Company Compliance
Compliance refers to adhering to orders, rules, or requests. For a private limited company incorporated in India, Compliance with the Companies Act 2013, which includes obligations to the Registrar of Companies (RoC), is essential for private limited companies in India. This legislation governs various aspects, including the appointment, qualification, remuneration, and retirement of directors and the conduct of board and shareholder meetings. Compliance with Registrar of Companies (RoC) regulations is mandatory for every private limited company, regardless of turnover or capital amount.
DIN Reactivation
Director Identification Number (DIN) is an essential identifier for anyone aspiring to be a director in Indian companies, issued by the Ministry of Corporate Affairs (MCA). It’s crucial for maintaining a record of an individual’s involvement in corporate governance. Directors are required to update their KYC details annually through the DIR-3 KYC form with the MCA. Failure to do so leads to the deactivation of the DIN, which restricts their ability to function in corporate roles. To reactivate a deactivated DIN, directors must file the DIR-3 KYC form, sometimes with a late fee, depending on the delay.
AOA Amendment
The Articles of Association (AoA) is a crucial document for a company’s internal administration and governance. It contains the rules, regulations, and bylaws that govern the company’s internal management and operations. The AoA is an integral part of a company’s constitution and defines various aspects of its functioning.
Authorized Capital Increase
According to Section 2 (8) of the Companies Act 2013, “Authorized Capital” is the capital authorised by the company’s memorandum to be the maximum amount of the share capital of the company. The company can expand its business to the level of the authorized capital. If the company has to expand the business, infusing more funds than at first, the company has to increase the authorized capital.
Share Transfer
Share transfer refers to the process where a company shareholder voluntarily transfers their ownership rights, and potential obligations associated with a share of the company. This transaction occurs when a shareholder decides to relinquish their membership in the company and passes on their share to another individual who desires to become a member.
Dematerialisation of Company Shares
Dematerialization refers to the process of converting physical securities, such as share certificates and other documents, into electronic format. These securities are then held in a demat account.
A depository, responsible for maintaining securities in electronic form, can hold various types of securities, including bonds, government securities, and mutual fund units.
Director Change
In a Private Limited Company, directors are pivotal to the business’s seamless operation and strategic direction, managing daily activities and making crucial decisions that affect the company’s future, particularly concerning shareholder investments. As businesses evolve and expand, a need may arise to appoint additional directors to meet the growing demands of the company or to satisfy shareholder expectations. This process must be carried out strictly to the regulations outlined in the Companies Act of 2013 to ensure the company remains compliant and maintains proper governance.
Remove Director
Company Directors oversees the management and operations of a business, while shareholders own the company. Situations may arise where shareholders opt to remove a director due to inadequate performance or other concerns, or a director may choose to resign. Removing a director is a significant corporate action that requires careful deliberation and strict compliance with the legal framework provided by the Companies Act 2013 or applicable local laws. Whether initiated by an ordinary resolution, board resolution, or judicial order, the process must be conducted fairly, transparently, and in the company’s best interest.
DPT-3 Filing
Every company, excluding government companies, must file a return of deposits in Form DPT-3 with the Ministry of Corporate Affairs (MCA) by June 30th each year. This return should include details of deposits, outstanding loans, and any amounts received that do not qualify as deposits as of March 31st of that year. DPT-3 return is audited by the company’s auditor to ensure accuracy and compliance.
LLP Form 11 Filing
Limited Liability Partnership (LLP) is a popular business structure in India that combines the benefits of a partnership and a company. It provides partners with limited liability while allowing them to participate in business management actively. Annual Return Filing is a vital regulatory obligation imposed on Limited Liability Partnerships (LLPs) registered in India. As per the LLP Act of 2008, LLPs are required to submit their Annual Return annually. Annual Return filing is of paramount importance for LLPs.
LLP Compliance
For a Limited Liability Partnership (LLP), regular filing of returns is essential to uphold LLP compliance standards and steer clear of substantial penalties for non-compliance. LLPs benefit from a relatively lighter annual compliance burden compared to private limited companies. Nevertheless, the potential fines for non-compliance can be significant. While a Private Limited company might face penalties of INR 1 lakh for non-compliance, LLPs could incur penalties of up to INR 5 lakh. We understand the critical importance of adhering to these annual compliances of LLP requirements, and our services are tailored to assist LLPs in meeting their obligations efficiently and effectively.
OPC Compliance
An OPC or One-person Company is a type of company that is owned and managed by a single individual. Section 2(62) of the Companies Act 2013 defines an OPC as a company with only one member. The management of an OPC is also solely controlled by one person who holds 100% of the shares in the company. In India, OPC can only be registered as a Private Limited Company, which means that all the legal provisions applicable to Private Limited Companies also apply to OPCs. This includes the need for OPC compliance with specific annual provisions for OPC annual compliance.
Name Change - Company
Under the Companies Act 2013, a company can change its name through a special resolution passed in a general meeting, subject to approval from the Registrar of Companies (RoC) and the Central Government. Importantly, this name change does not create a new company or entity. The existing company will operate under its new name, and this change does not impact:
- The rights or obligations of the company
- Any legal proceedings involving or against the company
Registered Office Change - Company
A company’s Registered Office refers to the official address legally registered with the Registrar of Companies (ROC) in the jurisdiction where the company is incorporated. This address is where all formal communications, legal documents, and official notices are sent to the company. It is a legal requirement for companies to maintain a registered office, and this address must be disclosed in the company’s foundational documents, such as the Memorandum of Association (MOA) and Articles of Association (AOA).
- The rights or obligations of the company
- Any legal proceedings involving or against the company
DIN eKYC Filing
The Director Identification Number (DIN) is an essential identifier for anyone aspiring to be a director in Indian companies, and it is issued by the Ministry of Corporate Affairs (MCA). It’s crucial for maintaining a record of an individual’s involvement in corporate governance. Directors are required to update their KYC details annually through the DIR-3 KYC form with the MCA. Failure to do so leads to the deactivation of the DIN, which restricts their ability to function in corporate roles. To reactivate a deactivated DIN, directors need to file the DIR-3 KYC form, sometimes with a late fee, depending on the delay.
Documents Needed
- PAN Card
- Aadhaar Card
ADT-1 Filing
ADT-1 is a form used for intimating the Registrar of Companies about the appointment of the first auditor of a company. According to the Companies Act 2013, every company must appoint its first auditor within thirty days of Company incorporation. Once the auditor has been appointed, the company must file Form ADT-1 with the ROC within fifteen days of the appointment.
Documents Needed
- Consent for Appointment as Statutory Auditor
- Appointment as Statutory Auditor
- Board Resolution for Auditor Appointment
- Auditor Intimation Letter
- Eligibility Letter
- Signed EGM Resolution
- ADT-1 Form
- ADT-1 Company to Auditor
- ADT-1 Auditor to Company
- Signed ADT-1 Auditor to Company
- Signed ADT-1 Company to Auditor
Dormant Status Filing
A Dormant Company, also known as a Dormant Entity or Dormant Corporation, refers to a registered business entity not currently engaged in significant business activities or operations. Dormant status typically arises when a company has temporarily ceased its operational activities due to strategic reasons such as awaiting a future project, not yet commencing substantial business operations, or primarily existing to hold or manage intellectual property rights without directly engaging in revenue-generating activities.
Documents Needed
- Bank Statement
- Form MSC-1
- Form MSC-3
Winding Up - LLP
Winding up of a Limited Liability Partnership (LLP) refers to the formal process of closing down the LLP’s operations, disposing of its assets, and settling its liabilities. This process is undertaken when an LLP ceases its business activities and dissolves as a legal entity.
LLP members need to approach this process methodically to ensure a smooth dissolution of LLP firm, safeguarding the interests of all parties involved.
Documents Needed
- Company PAN Scan Copy
- Director’s Pan
- Bank Account Closure Letter
- Bank Statement
- GSTR-10 Filed
- Acknowledgement
Winding Up - Company
The term “winding up”, as outlined in Section 2(94A) of the Companies Act, 2013, refers to the formal process of closing a company through the mechanisms provided by the Companies Act or by undergoing liquidation under the Insolvency and Bankruptcy Code, 2016. This process involves ceasing regular business activities, liquidating assets, and settling debts ultimately leading to the company’s dissolution.
Documents Needed
- Company PAN Scan Copy
- Director’s Pan
- COB Filed Acknowledgement
- Last Filed AOA Copy
- Last Filed MOA Copy
- GSTR-10 Filed Acknowledgement
- Bank Account Closure Letter
- Bank Statement
MOA Amendment
The “MOA” refers to the Memorandum of Association, which serves as the foundation document for a company. It is crafted during the company registration process and holds legal significance. The MOA outlines the company’s objectives, operational boundaries, and internal regulations, establishing a framework for its operations and defining its relationship with shareholders. It sets the company’s scope and legal parameters in clear terms.
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