CharteredHelp
CharteredHelp
Noida, Uttar Pradesh
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We are a leading Legal Advisor / Legal Help of tan registration service, importer export code service, increase authorised capital service, director removal service, company share transfer service and memorandum of association amendment service from Noida, India.
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TAN Registration Service

TAN Registration Service
 
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Approx. Rs 1,000 / YearGet Latest Price

Product Details:
Type Of ServiceTAN Registration Service
Mode Of ServiceOnline
Duration1 working day
No Of Person Required1
Balance SheetPAN India
LocationLocal

We mainly wants buyers and deals from our local city only.

Easily Register a TAN:
TAN registration is required for making tax deduction or tax collection at source, remittance of TDS payments and issuance of TDS certificates.

TAN REGISTRATION:
TAN or Tax Deduction and Collection Number (TAN) is mandatory 10 digit alpha number required to be obtained by all persons who are responsible for Tax Deduction at Source (TDS) or Tax Collection at Source (TCS) on behalf of the Government. Tax deducted at source (TDS) ensures that the Government’s collection of tax is proponed and the responsibility for paying tax is diversified. The person deducting the tax at source is required to deposit the tax deducted to the credit of Central Government – quoting the TAN number. Individuals who are salaried are not required to obtain TAN or deduct tax at source. However, a proprietorship business and other entities (i.e., Private Limited Company, LLP, etc.,) must deduct tax at source while making certain payment like salary, payments to contractor or sub-contractors, payment of rent exceeding Rs.1,80,000 per year, etc. On deducting tax at source, the entity registered for TAN will issue a TDS Certificate as proof of collection of tax.

Reason to register a TAN:
TAN - Tax deduction Account Number:
PAN is a 10 character alpha-numeric code issued by the Income Tax Department for persons responsible for deducting or collecting tax at source. All most all for-profit entities and not-for-profit entities are required to obtain TAN.

TDS Payments:
Tax Deducted at Source must be paid into authorized bank, quoting the TAN and using Challan 281. TDS during the preceding month must be paid before the 7th day of the following month.

TAN Facilitation Center:
Chartered Help is a authorized TAN facilitation center. Therefore, Chartered Help can help you obtain TAN hassle-free and quickly. Just send the TAN application along with the supporting documents and we will help you get your TAN quickly.

Proprietorship Require TAN:
Salaried individuals are not required to deduct tax at source. However, individuals running a proprietorship are required to obtain TAN and deduct tax at source when required.

Validity:
Once a TAN is issued, it is valid for lifetime. However, TDS Filings must be made quarterly on the 15th day of July, October, January and May. Non-filing of TDS filings within the due date will attract a penalty.
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Importer Export Code Service

Importer Export Code Service
 
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Approx. Rs 2,000 / RegistrationGet Latest Price

Product Details:
LocationLocal
Mode Of ServiceOnline
TypeImporter Export Code Service
Response Time1 Working days
Import / Export LocationPAN India
Services IncludeIEC Registration Service
Services Charge2000

We mainly wants buyers and deals from our local city only.

Easily Obtain Import Export Code:
Import Export Code or IE Code is required for undertaking import of export transactions and availing benefits under schemes like SEIS or MEIS.

Importer Export Code:
  • Import Export (IE) Code is a registration required for persons importing or exporting goods and services from India. IE Code is issued by the Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industries, Government of India. IE Codes when issued can be used by the entity throughout its existence and doesn’t require any renewal or filing. Therefore, it is recommended for most organizations to obtain IE Code, irrespective of if they need it at the moment.
  • IE Code application must be made to the Directorate General of Foreign Trade along with the necessary supporting documents. Once, the application is submitted, DGFT will issue the IE Code for the entity in 15 – 20 working days or less.

Reasons to Register a IE Code:
Importers Require IE Code:
All Importers who import goods into India require an IE Code. The IE Code must be quoted while clearing customs. Also, banks require the importers IE Code while sending money abroad.

No return Filling:
IE Code does not require the filing of any return. Once, an IE Code is issued there are no further procedures required to maintain validity of the IE Code. Even if import or export transactions occur, there are no filings required to DGFT.

Proprietors can have IE Code:
Even individuals who are proprietors of a business can obtain IE Code in their name. It is not necessary to incorporate a business entity for obtaining IE Code.

Exporters Require IE Code:
All Exporters who export goods or services from India require an IE Code. The IE Code must be quoted while sending shipments. And banks require the exporters IE Code while receiving money from abroad.

Lifetime - NO Renewal:
IE Code is issued for the lifetime of the entity and requires no renewal. So once a IE Code is obtained, it can be used by that entity for all its import or export transactions without any further hassles.

Documents Required:
Identity and Business Proof:
Identity proof like passport, drivers license, aadhaar card, voters id or ration card for the promoters with photo or person authorized to file IE code application. In case of legal entity or registered body, then partnership deed or incorporation certificate or registration certificate is required.

Canceled Cheque Copy:
Bank certificate as per DGFT format or canceled cheque bearing preprinted name of applicant and account number. Bank certificate or canceled cheque is used to verify that the applicant has an active current account with a bank in India.
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Increase Authorised Capital Service

Increase  Authorised Capital Service
 
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Approx. Rs 7,000 / ServiceGet Latest Price

Product Details:
LocationLocal
Mode Of ServiceOnline
Type Of ServicesIncrease Authorised Capital Service

We mainly wants buyers and deals from our local city only.

Easily Increase Capital:
Increase in authorised or paid-up capital must be done with proper board resolution and filing of forms with Registrar of Companies.

Increase In Authorised Capital:
  • The authorized capital of a Company determines the number of shares a Company can issue to its shareholders. An increase in authorized capital might be required for issuing new shares and/or inducting more capital into the Company. The initial authorized capital of the Company is mentioned in the Memorandum of Association of the Company and is usually Rs. 1 lakh. The authorized capital can be increased by the company at anytime with shareholders approval and by paying additional fee to the Registrar of Companies.
  • To begin the process for increasing authorized capital a resolution must be passed by the Board of Directors. In the Board Resolution, authorization must be provided for increasing the authorized capital of the company and making the necessary changes to the MOA and AOA of the company. IndiaFilings can help you easily increase the authorized capital of your company.

Increase In Authorised Capital:
Authorize Capital:
The authorized capital of a Company determines the value and number of shares a Company can issue to its shareholders.

Paid Up Capital:
Paid up share capital of a company is the amount of money for which shares were issued to the shareholder for which payment was made by the shareholder.

Authorized Capital:
Most promoters incorporate their company with an authorized capital of Rs.1 lakh or Rs.10 lakh and issue shares with a value of Rs.1 lakh or less to founding members.

Increase Capital:
The authorized cital of a company can be easily changed by paying additional government fee, as prescribed by the Ministry of Corporate Affairs.

Board Approval:
The increase in authorized capital of a Company, must be approved by the Board of Directors of the Company.
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Director Removal Service

Director Removal Service
 
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Approx. Rs 7,000 / UnitGet Latest Price

Product Details:
LocationLocal
Type of Service ProviderDirector Removal Service
Mode Of ServiceOnline

We mainly wants buyers and deals from our local city only.

Easily Resign from Directorship:
Director of a company are living person entrusted by the shareholders to manage the affairs of the company.

Resignation of Director
  • Director of a company is a person elected by the shareholders for managing the affairs of the company as per the Memorandum of Association and Articles of Association of the company. Director in a company may need to resign or the Board of Directors or Shareholders may want to remove a Director for any reasons. In such cases, a Director can resign or be removed by filing the intimation of change of Director with MCA.
  • The procedure for resignation of director and removal of Director by the Board or Shareholders vary. A Director can resign from a company by giving a notice in writing to the company and the Board is required to file the necessary filings with MCA within 30 days. A Director can also send a copy of the resignation letter to the ROC directly by filing a different set of forms.

Types of Director in a Company:

Managing Director:
Managing Director is a Director, who by virtue of Articles of Association of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of managed of affairs of the company.

Executive Director:

Executive Director is a Director, who is in full-time employment of the company. Hence, executive directors are deeply involved with the management of the company and managing affairs of the company.

Additional Director:
Additional Director is someone appointed by the Board of Directors between two annual general meetings subject to the provisions of the Articles of Association of a company. Additional Directors can hold office only upto the date of next annual general meeting of the Company.

Ordinary Director:
Ordinary Director means a simple Director who attends the Board Meetings of a company and participates in the matters put before the Board of Directors. These Directors are neither whole-time Directors or Managing Directors.

Alternate Director:
Alternate Director is someone appointed by the Board of Directors in a general meeting to act for a Director called the original director during his/her absence for a period of not less than three months. Generally, alternate Director are appointed for a person who is a Non-Resident Indian or Foreign Collaborators of a company.
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Company Share Transfer Service

Company Share Transfer Service
 
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Approx. Rs 7,000 / UnitGet Latest Price

Product Details:
Mode Of ServiceOnline
LocationLocal
Type of Service ProviderCompany Share Transfer Service

We mainly wants buyers and deals from our local city only.

Easily Change Shareholding:
The shares of a company can be transferred from one person to another by executing a share transfer deed.

Company Share Transfer:
The ownership of a company limited by shares is held by the shareholders of the Company. The shareholders in turn appoint Directors to manage the affairs of the Company. Hence, ownership of a company rests with the shareholders and not the Directors. Transfer of ownership of a company can therefore be accomplished by transferring shares of the company from one person or entity to another. Share transfer in a private limited company is usually more restricted when compared to a listed company that is publicly traded. The entire shares of a private limited company are usually owned by a family or a small group of persons or entities. Hence, most of the Articles of Association of a Private Limited Company limit the right of a shareholder to transfer the company’s shares to an outsider. Therefore, it is important to review the Articles of Association of the Company prior to effecting a share transfer. IndiaFilings can help you transfer shares of a private limited company by completing the necessary procedures as per Companies Act, 2013.

Reason to Share Company Transfer:
Shareholders:
Shareholders are the legal owners of the shares of a company. Shareholders can be natural persons or corporate entities. They can also be NRIs or Foreign Nationals or Foreign Entities. Shareholders are the owners of a Company.

Directors:
Directors of a company are appointed by the shareholders of a company to manage the affairs of a company. Directors are not owners of a company. However, Directors can also be shareholders and shareholders can also be Directors.

Authorized Capital:
The authorised capital of a Company determines the value and number of shares a Company can issue to its shareholders.

Articles of Association:
The articles of association of a company defines the rights and responsibilities of shareholders and Directors. Articles of Association of a company can restrict the share transfer in a private limited company.

Paid UP Capital:
Paid up share capital of a company is the amount of money for which shares were issued to the shareholder for which payment was made by the shareholder
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Memorandum of Association Amendment Service

Memorandum of Association Amendment Service
 
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Approx. Rs 7,000 / ServiceGet Latest Price

Product Details:
LocationLocal
Mode Of ServiceOnline
Type of Service ProviderMemorandum of Association Amendment Service

We mainly wants buyers and deals from our local city only.

Easily Alter Memorandum of Association:
The Memorandum of Association of a company must be changed whenever there are changes to the object, situation or capital or liability of a company.

Memorandum of Association Amendment:
Memorandum of Association of a Company sets down the constitution of a company including the permitted range of activities of the company, state of incorporation, type of company, capital clause, liability clause and more. Changes to Memorandum of Association of a company can be required while changing name of a company, changing registered office from state to state. alteration of objects clause, alteration of capital clause or increase of authorised capital. Changes to the Memorandum of Association of a company would require the passing of a special resolution and shareholders consent.

Reason to register Memorandum of Association Amendment"
Object Clause:
Lawful objects can be stated and included in the objects clause of the memorandum of association, whether the company engages in all those activities or not. From a legal view-point, any activity which offends the objects clause and is not expressly stated in the Memorandum of Association would be considered ultra-vires, i.e. beyond the powers of the company.

Name Clause:
The name of the company must be stated with the last word ‘Limited’ in case of limited companies and with the last two words ‘Private Limited’ in case of private limited company. The Companies Act, 2013 states that a company should not be registered with an undesirable name.

Easy Transferability:
The ownership of a LLP can be easily transferred to another person by inducting them as a Partner of the LLP. LLP is a separate legal entity separate from its Partners, so by changing the Partners, the ownership of the LLP can be changed.

Situation Clause:
The Memorandum of Association must mention the State in which the registered office of the company will be located. The domicile of the company must be stated for determination of jurisdiction of Court, tax authorities and ROC.

Capital Clause:
The Memorandum of Association of a company having share capital is required to show the amount of share capital with which the company is going to be registered, and the division therefor into shares of fixed value.
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Close LLP Service

Close LLP Service
 
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Approx. Rs 7,000 / ServiceGet Latest Price

Product Details:
Mode Of ServicesOnline
Type of Service ProviderClose LLP Service
LocationLocal

LLP Form 24 – Easily Close a LLP:
The Ministry of Corporate Affairs has recently amended Limited Liability Partnership Rules, 2009 by introducing the Limited Liability Partnership (Amendment) Rules, 2017 with effect from 20th May, 2017. With this amendment, LLP Form 24 has been introduced by the MCA and it is now possible to easily close a LLP by making an application to the Registrar for striking off name of LLP. In this article, we look at LLP Form 24 and the procedure for striking off name of LLP in detail.

Winding Up a LLP:
  • The penalty for LLPs defaulting in filing of any statutory return is Rs.100 per day, without any maximum limit. Hence, its is often best to windup dormant LLPs so that there is no requirement to file LLP Form 11, LLP Form 8 and Income Tax Return for the LLP each financial year to maintain compliance and avoid penalty.
  • Before the introduction of the Limited Liability Partnership (Amendment) Rules, 2017, the procedure for winding up a LLP used to be long and cumbersome. However, with the introduction of LLP Form 24, the procedure has been made easy and simple.
  • Hence, its best for Entrepreneurs having dormant or defaulting LLPs that are accruing penalty to use this opportunity to close the LLP.

Filing LLP Form 24:

The following procedure can be followed for closing a LLP by filing Form 24:

Step 1: Cease Commercial Activity:
LLP Form 24 can be filed only by LLPs that never commenced business or have ceased commercial activity. Hence, if the LLP is operational and the promoters wish to close the LLP, the LLP must first cease all commercial activity.

Step 2: Close Bank Account(s):
LLP Form 24 can be filed only by those LLP that have no creditors and no open bank account. Hence, prior to filing LLP Form 24, any bank account opened in the name of the LLP must be closed and a letter evidencing closure of the bank account in the name of the LLP must be obtained from the Bank.

Step 3: Prepare Affidavits & Declaration:
All the Designated Partners of the LLP must first execute an affidavit, either jointly or severally, that the Limited Liability Partnership ceased to carry on commercial activity from (Date) or has not commenced business.
Further, the LLP Partners must also declare that the LLP has no liabilities and indemnify any liability that may arise even after striking off its name from the Register. The liability of the Partners would not be extinguished even after closure of a LLP while using Form LLP 24.

Step 4: Prepare Documents:
Along with Form LLP 24 the income tax return of the LLP and LLP deed must be enclosed. In case the LLP has not filed any income tax return and it has not carried on any business activity, then it is not required. Else, a copy of the acknowledgement of the latest Income-tax return filed must be attached with the application for closing the LLP.

Step 5: File Any Pending Documents:
  • After incorporation of a LLP, the LLP agreement must be filed with the MCA within 30 days of registration. In case this compliance was missed and LLP agreement was not filed, then the initial LLP agreement, if entered into and not filed, along with any amendments must be filed.
  • Also, any overdue returns in Form 8 and Form 11 up to the end of the financial year in which the limited liability partnership ceased to carry on its business or commercial operations must be filed before filing LLP Form 24. The date of cessation of commercial operation is the date from which the Limited Liability Partnership ceased to carry on its revenue-generating business and the transactions such as receipt of money from debtors or payment of money to creditors, subsequent to such cessation will not form part of revenue-generating business.

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Close Company Service

Close Company Service
 
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Approx. Rs 15,000 / DayGet Latest Price

Product Details:
Mode Of ServiceOnline
LocationLocal
Type of Service ProviderClose Company Service

We mainly wants buyers and deals from our local city only.

Easily close a company:

An inactive or dormant company can be wound up to avoid annual compliance formalities and penalty for non-compliance.

Winding Up of a company:
A private limited company is an artificial judicial person and requires various compliances like appointment of Auditor, regular filing of income tax return, annual return filing and more. Failing to maintain compliance for a Company could result in fines and/or disqualification of the Directors from incorporating another Company. Therefore, if a private limited company has become inactive and there are no transactions in the company, then it is best to wind up the Company.
Voluntary winding up of a company can be initiated at anytime by the shareholders of the company. In case there are any secured or unsecured creditors or employees on-roll, the outstanding dues must be settled. Once all the dues are settled, the bank accounts of the company must be closed. Finally, the company must regularise any overdue compliance like income tax return or annual filing and surrender the GST registration. Once, all activities are stopped and the registrations are surrendered, the winding up application petition can be filed with the Ministry of Corporate Affairs.

Reason to Winding Up of a company:
Avoid Compliance:
A company is a legal entity and a juristic person established created under the Companies Act. Therefore, a company is required to maintain regular compliance throughout its lifecycle. Winding up process can be to close a company that is not active and avoid compliance responsibilities.

Fast to close:
A company can also be closed by filing an application with the MCA in about 3 to 6 months. The entire process can be completed online. Hence, the process for closing a company is fast and easy in India through IndiaFilings.

Low costs:
When compared to maintaining compliance for a dormant company, it might actually be cheaper to wind up a company and incorporate again when the time is right.

Avoid fines:
A company that doesn’t file its compliance on time incurs fines and penalty including debarment of the Directors from starting another Company. Hence, it is better to officially wind up a company that is inactive and avoid potential fines or liabilities in the future.

Easy to close:
A company with minimal or no activities that has maintained proper compliance can be closed very easily in India. If any compliance is overdue, the compliance must first be regularised and registrations surrendered to close the company.
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Director Appointment Service

Director Appointment  Service
 
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Approx. Rs 7,000 / ServiceGet Latest Price

Product Details:
Mode Of ServiceOnline
LocationLocal
Type Of ServicesDirector Appointment Service

We mainly wants buyers and deals from our local city only.

Easily Appointment of Director:
Director of a company are living person entrusted by the shareholders to manage the affairs of the company.

Appointment of Director:
Director of a company is a person elected by the shareholders for managing the affairs of the company as per the Memorandum of Association and Articles of Association of the company. Since a company is an artificial judicial person created by law, it can only act through the agency of natural persons. Thus, only living persons can be Directors of a company and the management of a company is entrusted to the Board of Directors. Appointment of Directors can be required for a company from time to time based on the requirements of the shareholders of the business.
To appoint a director, the person proposing to become a Director must obtain a digital signature certificate (DSC) and director identification number (DIN). DIN can be obtained for any person who is above the age of 18. The nationality or residency status of the DIN applicant does not matters. Hence, Indian Nationals, Non-Resident Indians and Foreign Nationals can obtain DIN and be appointed as Director of a company in India.

Types of Director in a Company:
Managing Director:
Managing Director is a Director, who by virtue of Articles of Association of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of managed of affairs of the company.

Executive Director:
Executive Director is a Director, who is in full-time employment of the company. Hence, executive directors are deeply involved with the management of the company and managing affairs of the company.

Additional Director:
Additional Director is someone appointed by the Board of Directors between two annual general meetings subject to the provisions of the Articles of Association of a company. Additional Directors can hold office only upto the date of next annual general meeting of the Company.

Ordinary Director:
Ordinary Director means a simple Director who attends the Board Meetings of a company and participates in the matters put before the Board of Directors. These Directors are neither whole-time Directors or Managing Directors.

Alternate Director:
Alternate Directoris someone appointed by the Board of Directors in a general meeting to act for a Director called the original director during his/her absence for a period of not less than three months. Generally, alternate Director are appointed for a person who is a Non-Resident Indian or Foreign Collaborators of a company.

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Change Of Registered Office Service

Change Of Registered Office Service
 
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Approx. Rs 7,000 / UnitGet Latest Price

Product Details:
Mode Of ServiceOnline
LocationLocal
Type of Service ProviderChange Of Registered Office Service

We mainly wants buyers and deals from our local city only.

Easily Change Registered Office:
Registered office change must be intimated to the Registrar of Companies by filing of appropriate form.

Change Of Registered Office:
The registered office of a Company or LLP is the principle place of business for a private / public limited company and all official correspondence from the Ministry of Corporate Affairs is sent to this location. The registered office of a Company or LLP can be changed within the local limits of any city, town or village where such office is situated by just giving a notice to the concerned Registrar within 30 days after the date of the change. But a special resolution will be required if the change of the registered office is from one village, town, etc., in the same state. Where the place of registered offices is to be altered from one State to another State, the Company or LLP may do so by passing special resolution and getting confirmation of the Company Law Board. The Company or LLP is also required to give an advertisement in the newspapers indicating the change proposed to be made and also a notice is to be given to the State Government when it is proposed to transfer the registered office from one State to another.

Reasons to Registered Office Changes:
Registered Office:
All Companies and LLPs in India are required to have a Registered Office in the State where the Company is registered in India. The Registered Office of the Company is where all official letters and reminders will be sent from Ministry of Corporate Affairs.

Books of Account:
Book of Accounts of the Company or LLP must be maintained at the Registered Office of the Company. If the Company wants to maintain the Book of Accounts at a different place, then the Registrar of Companies must be notified

Within City Change:
Change of registered office within the same city or town or village can be easily accomplished in 1 to 2 days. Rental agreement or sale deed copy for the new address, recent utility bill and NOC from landlord must be submitted with Board Resolution.

Resional Address:
The Registered Office of a Company can be a residence also. The Registered Office of a Company doesn’t necessarily have to be a commercial or industrial property. However, the Registered Office of the Company cannot be a vacant land.

Inter - state Change:
Inter-state change of registered office from one state to another will require approval from the concerned Registrar of Companies. In addition, a newspaper advertisement must be published announcing change of registered state from one state to another.
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MSME Registration Service

MSME Registration Service
 
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Approx. Rs 2,500 / YearGet Latest Price

Product Details:
LocationLocal
TypeMSME Registration Service
Type of Service ProviderConsulting Firm

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Easily Obtain MSME Registration:
MSME registration is required for micro, small and medium sized enterprises to avail various incentives provided under the MSMED Act.

MSME Registration:
  • MSME stands for micro, small and medium enterprises and any enterprise that falls under any of these three categories. MSME enterprises are the backbone of any economy and are an engine of economic growth, promoting equitable development for all. Therefore, to support and promote MSMEs, the Government of India through various subsidies, schemes and incentives promote MSMEs through the MSMED Act. To avail the benefits under the MSMED Act from Central or State Government and the Banking Sector, MSME Registration is required.
  • Micro, Small and Medium sized enterprises in both the manufacturing and service sector can obtain MSME Registration under the MSMED Act. Though the MSME registration is not statutory, it is beneficial for business at it provides a range of benefits such as eligibility for lower rates of interest, excise exemption scheme, tax subsidies, power tariff subsidies, capital investment subsidies and other support. IndiaFilings can help your business obtain MSME Registration to avail a host of benefits.

MSME Registration:
MSME Registration is an optional Registration under the MSMED Act that provides Micro, Small and Medium sized enterprises with a host of benefits and access to subsidies and schemes.

Small Enterprise:
Small Enterprise in the manufacturing sector is an enterprise with more than Rs. 25 lakhs but not exceeding Rs. 5 crores of investment in plant & machinery. A Small Enterprise in the service sector is an enterprise with more than Rs. 10 lakhs but not exceeding Rs. 2 crores of investment in plant & machinery.

Medium Enterprise:
A Medium Enterprise in the manufacturing sector is an enterprise with more than Rs. 5 crores but not exceeding Rs. 10 crores of investment in plant & machinery. A Medium Enterprise in the service sector is an enterprise with more than Rs. 2 crores but not exceeding Rs. 5 crores of investment in plant & machinery.

Registration Criteria:
To be classified as a MSME, Enterprises in the Manufacturing sector need to have less than Rs.10 crores of investment in plant & machinery; service Enterprises must have an investment of less than Rs.5 crores of investment in plant & machinery.

Micro Enterprises:
A Micro Enterprise in the manufacturing sector is an enterprise with less than Rs. 25 lakhs of investment in plant & machinery. A Micro Enterprise in the service sector is an enterprise with less than Rs. 10 lakhs of investment in plant & machinery.
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Company Name Change Service

Company Name Change Service
 
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Approx. Rs 7,000 / ServiceGet Latest Price

Product Details:
LocationLocal
Type of ServiceCompany Name Change Service
Mode of ServiceOnline

We mainly wants buyers and deals from our local city only.

Easily Change Company Name:
The name of a company or LLP can be changed with Board of Directors and Shareholders approval

Company Name Change:
  • The name of a company or LLP can be changed by the promoters at anytime after incorporation. Some of the major reasons for change of company name are business model change, change of promoters, rebranding, etc., To change the name of a company, shareholders approval is required along with approval from the Ministry of Corporate Affairs. The change of name of a company or LLP however has no impact on the legal entity or its existence. Hence, all assets and liabilities of the entity would continue, while only the name of the company would have been changed.
  • Change of company name requires passing of a board resolution, obtaining name approval from MCA, passing of a special resolution and applying for approval of new company name to the MCA. If the MCA accepts the application, a new certificate of incorporation is issued. After obtaining the new certificate of incorporation, changes must be made to incorporate and change the MOA and AOA of the company as well.

Reason to change Company Name:

Separate Legal Entity:
Private Limited Company is a legal entity and a juristic person established under the Companies Act. Hence, a company has a range of legal capacities and the members (Shareholders/Directors) of a company have no personal liability to the creditors of a company for company’s debts.

Uninterrupted Existence:
Private Limited Company has ‘perpetual succession’, meaning uninterrupted existence until it is legally dissolved. A company being a separate legal person, is unaffected by the death or other departure of any member and continues to be in existence irrespective of the changes in ownership.

Easy Transferability:
Ownership of a business can be easily transferred in a company by transferring shares. The signing, filing and transfer of share transfer form and share certificates is sufficient to transfer ownership of a company. In a private limited company, the consent of other shareholders maybe required to effect share transfers.

Borrowing Capacity:
Private Limited Companies can raise equity funds in India. Companies can also issue equity shares, preference shares, debentures and accept deposits with RBI permission. Banks and Financial Institutions prefer to provide funding to a company rather than partnership firms or proprietary concerns.

Owning Property:
Private Limited Company being an artificial person, can acquire, own, enjoy and alienate, property in its name. The property owned by a company could be machinery, building, intangible assets, land, residential property, factory, etc., No shareholder can make a claim upon the property of the company – as long as the company is a going concern.
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