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Income Tax Services, GST Services, and Registration of Business Entities

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File Overdue MCA Returns & Avoid Penalty under Fresh Start 2020 scheme of Government of India for default Companies / LLPs

File Overdue MCA Returns & Avoid Penalty under Fresh Start 2020 scheme of Government of India for default Companies / LLPs

 

The MCA (Ministry of Corporate Affairs, Government of India) had announced the Fresh Start 2020 Scheme to provide prosecution immunity and penalty waiver for companies and LLPs that have failed to file any overdue returns. Under the scheme, companies and LLPs can file any overdue MCA return without payment of any penalty until 30th September 2020. Directors or Partners of the companies/LLPs availing the scheme will also be provided with prosecution immunity.

 

We request you to contact us before 10th of September 2020 if you have any defaulting company or LLP. In case you would like us to do a free check of your company or LLP compliance, please contact us today.

 

WhatsApp 9866512479

 

mca@vishnuconsultants.com

 

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Annual Compliances of Section-8 Companies

Annual Compliances of Section-8 Companies

A Section 8 company is required to adhere to the compliance levied by Registrar of Companies (ROC) and Income tax authorities. Failure to  fulfil their compliance requirements results in paying heavy penalties, and chances are such organizations and their directors’ may even get disqualified for a period of time.

 

Appointment of An Auditor: Under section 139 of the Companies Act 2013, it is mandatory for companies to appoint an auditor. The books of accounts and annual returns of the company shall be audited by the statutory auditor who will be appointed for a period of 5 years.

Maintenance of Statutory Registers: The company is required to maintain a statutory register consisting of members, loans obtained, charges created, its directors, etc. as enumerated under section 8 of the companies act 2013.

Convening Meeting: Annual general body meeting is to be conducted once a year within 6 months of the end of financial year and other board meetings have to be conducted.

Boards’ Report: The Board of Directors of the company shall file their boards’ report in an appropriate manner, consisting of all the financial statements and other annexures. The board report is required to be filed in Form AOC-4.

Preparation of Financial Statement of The Company: The company will get the  balance sheet, profit and loss A/C, cash flow statement and other financial statements prepared by the statutory auditor which is to be filed with ROC.

Tax Returns: The ITR is required to be filed at the end of every assessment year before 30th September.

Filing of Financial Statements: The financial statement shall be filed in the appropriate form (E-FORM AOC-4), within 30 days from the date of annual general meeting.

Filing Annual Returns: The annual return containing all the information like management details, shareholders’ details will be filed in Form MGT-7 with Registrar of Companies (ROC), within 60 days of the annual general meeting.

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Limited Liability Partnership (LLP) Registration

Limited Liability Partnership (LLP) Registration

 

Limited Liability Partnership (LLP) was introduced in India by way of the Limited Liability Partnership Act, 2008. The basic premise behind the introduction of Limited Liability Partnership (LLP) is to provide a form of business entity that is simple to maintain while providing limited liability to the owners. Since its introduction in 2010, LLPs have been well received with over one lakh registrations in India.

 

LLP is one of the easiest types of business to incorporate and manage in India. With an easy incorporation process and simple compliance formalities, LLPs are preferred by Professionals, Micro and Small businesses that are family-owned or closely-held. Since LLPs are not capable of issuing equity shares, LLP should NOT be chosen for any business that has plans for raising equity funds from Angel Investors, Venture Capitalist or Private Equity Funds.

 

Difference between LLP & Partnership

 

Cost: The cost for registration of LLP is normally higher than the cost for registration of a partnership firm.

Authority: LLPs are registered in India under the Ministry of Corporate Affairs, Central Government. Partnership firms are registered with the Registrar of Firms, controlled by the respective State Government in which the firm is registered.

Limited Liability Protection: The main advantage of a Limited Liability Partnership over a traditional partnership firm is that in a LLP, one partner is not responsible or liable for another partner's misconduct or negligence. A LLP also provides limited liability protection for the owners from the debts of the LLP. However, unlike private limited company shareholder, the partners of an LLP have the right to manage the business directly.

Number of Partners: LLPs and Partnership Firms must have a minimum of two partners to be registered. Post incorporation, an LLP can have unlimited partners. In case of a Partnership Firm, if the number of partners at any time reduces below the mandatory minimum of 2 due to death, incapacitation or resignation of a Partner, the partnership firm would stand dissolved. On the other hand, in case of an LLP, if the number of Partners reduces below 2, the sole Partner can still find a new Partner to fill the position without dissolution of the LLP.

 

Difference between LLP & Company

 

Private limited company registration process and the LLP registration process are similar with some differences in the documents and forms filed for incorporation.

Cost: The cost for the incorporation of a private limited company or an LLP is almost the same.

Features: Both LLP and Private Limited Company offer many of the same features. LLP and Private Limited Company are both separate legal entities and have assets and liabilities that are separate from that of the promoters. LLP and Private Limited Company are both transferable, though a Private Limited Company offers more flexibility when it comes to transferring or sharing of ownership. LLP and Private Limited Company both have perennial life, unless and otherwise closed by the promoters or competent authority.

Fund-raising: A private limited company can raise funds from Angel Investors, Private Equity Funds, Venture Capitalists, banks and NBFCs. An LLP can raise funds from Partners, Banks and NBFCs.

 

Non-Resident Indian (NRI) & Foreign Ownership of LLP

 

Post changes to FDI regulations on 10th, November 2015, 100% FDI in LLP is permitted under the automatic route. In most sectors, 100% FDI in LLP is allowed through the automatic route, and there are no FDI-linked performance conditions. In addition, LLPs will also be permitted to make downstream investment in another company or LLP in sectors in which 100% FDI is allowed under the automatic route. Therefore, FDI in LLP is now permitted, and NRIs or Foreign Nationals can start or invest in an LLP.

 

Documents Required for LLP Incorporation

 

The following are the documents required for registration of LLP in India:

 

For the Partners

• PAN Card or Passport for Foreigners.
• Driver’s license or Aadhaar card, residence card or election identity card or any other identity proof issued by the Government.
• Less than 1-month old bank statement or telephone bill.

 

Registered Office Proof

The authorization from the Landlord (as per Landlord's Name mentioned in the Electricity Bill or Gas Bill or Water Bill or Property Tax Receipt or Sale Deed) to use the premises by the company as its registered office. This is usually referred to as NOC from Landlord; AND

Proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, which is not older than one month.

 

LLP Registration Process

 

The average time taken to complete an LLP registration is about 15 - 20 working days, subject to government processing time and client document submission. At the start of the engagement, your Engagement Manager will reach out to you for the collection of the necessary information or documents for registration of LLP. The data can be submitted online through WhatsApp or email. Once the information is received, it is verified by the Engagement Manager, the process for obtaining Digital Signatures for the Partners of the LLP would be initiated. On submission of the digital signature application, the applicant would have to complete OTP verification and a video KYC check. In parallel to the digital signature application process, we also file a request with the MCA for reserving the name of the LLP - you had selected. On obtaining the name approval and the digital signatures, we would draft all the incorporation documents for the registration of the LLP and sent it to the Partners for signature. All the Partners must sign the document and send a scanned copy of the signed document.

 

The signed incorporation documents are submitted by us along with the application for the incorporation of LLP to the MCA. The approval from MCA can take anywhere between 3 to 6 working days. Once the approval is obtained, the LLP would be incorporated, and we begin the process of helping you obtain PAN for the LLP and opening of bank account in the name of the LLP. In parallel, we also draft the LLP Partnership Deed. All the partners of the LLP must sign the LLP Partnership Deed on stamp paper, and the signed copy must be uploaded within 15 days of incorporation. The signed LLP partnership deed is then verified and uploaded on the MCA portal within 20 days of incorporation to complete the LLP registration process.

 

Post-Incorporation LLP Compliance

 

After incorporation you need to maintain the basic accounting and compliance for your LLP.

 

The following are compliance that a LLP must complete each year:

 

Income Tax Return: LLPs must file income tax return using Form ITR 5. Form ITR 5 can be filed online through the income tax website using the digital signature of the designated partner.

 

MCA Annual Return: LLP Form 11 is due on or before 30th of May each year. Form 11 contains details of the number of designated partners, total number of partners, total contribution received by all partners, details of body corporate as partners and summary of partners.

 

In addition to LLP Form 11, Form 8 must be filed within 30 days from the end of 6 months of the financial year along with some prescribed fee. Hence, LLP Form 8 would be due on or before 30th October of each financial year.

 

In addition to the above, GST registration, GST return filing and TDS return filing would be required for the LLP - based on the sales turnover and various other criteria.

 

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