Entrepreneurship is an act of starting with new assignment and the associated risks along with the inbuilt responsibilities. It goes beyond just the creation of a new venture to ensure its continuous survival. An entrepreneur is the one who has the will and ability to transform a mere idea or invention into a successful innovation. The ability to create something new and initiate change in the society is what makes all the difference and signifies the act of entrepreneurship. In the recent times it has become an ultimate tool to tackle almost all the economic problems. India is a developing economy and there is a dire need to come up with an alternative that would not only help fight the problems of unemployment and sagging growth rates but would also help economy in strengthening its footing against the developed economies.
“Entrepreneur = Innovation + Risk + Responsibilities + Accountability”
Key Issues in India
- Advancing Towards a Digital Economy
- India’s Infrastructure Gap
- India’s Manufacturing Growth
- Quality of Institutions
- Employment and Employability
- Global Interests and Positioning
- Agricultural Reforms
India & its Youth
Youth are the backbone of any nation. Youth being energetic, artistic, innovative, enthusiastic and dynamic in nature constitute the most crucial part of the population. They have all the qualities that are necessary to make a nation strong and capable of standing its rivals. India seems to stand at an advantage because of its huge youth population which is higher than any other nation. The higher number of young individuals means more educated job aspirants looking for suitable job opportunities. Youth are the active participants and creative digital innovators whose contribution to sustainable development has always remained visible. However, to utilize their talent to the best, proper policy measures and motivation mechanisms are needed to channelize their energy in the right direction towards the right goal. Motivation mechanisms are needed to channelize their energy in the right direction towards the right goal.
The process of entrepreneurship from the day of inception of idea is a long one. Entrepreneurs go from the various paths to tackle the challenges. They become a new way to achieve what one is capable of. Moreover the zeal to do something new and be one’s own boss makes it a perfect option for young individuals. The lack of resources, knowledge, accurate information, legal complications and negative societal environment makes the process more tedious and painful. These problems discourage many young individuals from taking up the opportunity due to fear of losing and falling in financial crunch.
Key Issues for Entrepreneurship in India
- Human Capital and Mindsets
- Emerging Market Entrepreneurship
- Ecosystem for Innovation-Driven Entrepreneurship
- Corporate Intrapreneurship
- Social Impact-Driven Entrepreneurship
Youth Entrepreneurs and their role in Indian economy
Youth has a potential to contribute to personal development of young people, and improve their living and to address injustice in society.
“An economy is the effect for which entrepreneurship is the cause”.
Entrepreneurship has become an important subject of investment and thus governments are taking all the possible steps to solidify its footing in economy. Thus, entrepreneurship serves to play many roles in a nation and therefore needs to be addressed from different views considering the level of development of respective nations. A young person through his act of starting a new enterprise sets an example to other young people and thereby presents entrepreneurship as a mechanism for garnering employment and better financial outcomes for aspiring young folks. There have been tremendous efforts undertaken by the Indian government to boost entrepreneurship and encourage young entrepreneurs. Various initiatives in the form of introduction of Make in India (2014), Startup India (2015) and Digital India (2015) campaigns have been launched to strengthen manufacturing sector, make funding easier and connect rural areas by developing their digital infrastructure. These initiatives are expected to boost the confidence of entrepreneurs and make government services available in all areas.
Entrepreneurship is being recognized as the driving force of the market. Innovation is crucial for a driving economy and it is in great demand for the increasingly competitive world. India has witnessed several innovative ideas and business driven by start-ups thus leading to entrepreneurship emerging as a valuable input to the economic growth of the country. In the context of Indian market, both the central and state level, have been taking initiatives to boost the entrepreneurial ecosystem as they realize the benefits entrepreneurship brings to the economic growth of the country.
Firstly, an entrepreneur is not just creating self employment but also building a structure for small to large scale enterprises. This in turn stimulates the economy. Secondly, an entrepreneurship also helps in modernization in the regional areas. So, they are setting up the base in their home town and driving investor attention and incubation centers to these cities too. Thirdly, an entrepreneurial driven economy drives innovation in manufacturing of goods and services at an affordable price. These are for the consumption within the country and hence, will lead to growth in the national income and reduce import dependency making economy stronger.
Youth entrepreneurship has the ability to save the nation from high unemployment, poverty and stagnation. The list of benefits that young entrepreneurs provide to a nation is never ending. There is a strong need to initiate an “entrepreneurial revolution” that would help generate the entrepreneurial spirit among the youth of the society. It is important to create an environment that is suitable to youth entrepreneurship.
“Every single person I know who is successful at what they do is successful because they love doing it.”
Written by Barkha singh
1. What is GSTR-9 annual return?
GSTR 9 form is an annual return to be filed once in a year by the registered taxpayers under GST. It consists of details regarding the supplies made and received during the year under different tax heads i.e. CGST, SGST, and IGST. It consolidates the information furnished in the monthly or quarterly returns during the year.
2. Who should file GSTR 9 annual return?
All the registered taxable persons under GST must file GSTR 9 form. However, the following persons are not required to file GSTR 9. Taxpayers opting Composition scheme as they must file GSTR-9ACasual Taxable PersonInput service distributorsNon-resident taxable persons paying TDS under section 51 of GST Act.
3. What are the different types of annual returns?
There are 4 types of annual returns: GSTR 9: GSTR 9 should be filed by the regular taxpayers filing GSTR 1, and GSTR 3B.
- GSTR 9A: GSTR 9A should be filed by the persons registered under the composition scheme under GST.
- GSTR 9B: GSTR 9B should be filed by the e-commerce operators who have filed GSTR 8 during the financial year.
- GSTR 9C: GSTR 9C should be filed by the taxpayers whose annual turnover exceeds Rs 2 crores during the financial year. All such taxpayers are also required to get their accounts audited and file a copy of audited annual accounts and reconciliation statement of tax already paid and tax payable as per audited accounts along with GSTR 9C.
4. What is the Penalty for the late filing of GSTR-9 form?
Late fees for not filing the GSTR 9 within the due date is Rs. 100 per day per act up to a maximum of an amount calculated at a quarter percent of the taxpayer turnover in the state or union territory. Thus it is Rs 100 under CGST & 100 under SGST, the total penalty is Rs 200 per day of default. There is no late fee on IGST.
5. What are the details required in the GSTR-9 form?
Sl no Parts of the GSTR-9 Information required
1 Part-I Basic details of the taxpayer. This detail will be auto-populated.
2 Part-II Details of Outward and Inward supplies declared during the financial year (FY). This detail must be picked up by consolidating summary from all GST returns filed in the previous FY.
3 Part-III Details of ITC declared in returns filed during the FY. This will be summarised values picked up from all the GST returns filed in the previous FY.
4 Part-IV Details of tax paid as declared in returns filed during the FY.5 Part-V Particulars of the transactions for the previous FY declared in returns of April to September of current FY or up to the date of filing of annual returns of previous FY whichever is earlier. Usually, the summary of amendment or omission entries belonging to previous FY but reported in Current FY would be segregated and declared here.
6 Part-VI Other Information comprising details of:-GST Demands and refunds,-HSN wise summary information of the quantity of goods supplied and received with its corresponding Tax details against each HSN code,-Late fees payable and paid details and-Segregation of inward supplies received from different categories of taxpayers like Composition dealers, deemed supply and goods supplied on approval basis
Written by Priyanka Malohtra
- Published in Starting a business
The conversion of a Private limited company into One Person Company is authorized under the Companies Act, 2013. A Private limited company can be converted into an LLP only if the company has a paid-up capital less than Rs.50 lakh and an annual turnover below Rs. 2 crores for the past three consecutive years.
Advantages of One Person Company
Limits Director’s Liability:
Every business needs some form of investment to keep the business alive, and mostly they go for procuring loans. Unlike other forms of company structure, the liability of OPC is limited to the extent of his shares in the company. Hence, only the amount invested in the business would be lost; all personal assets would be safe.
A sole proprietorship company cease to exist after the death of the business owner. But, in case of an OPC which operates as a separate legal entity would pass on the nominee director and continue to exist.
OPC is completely controlled and managed by a single owner with few compliances to be followed. So, annual filings are much reduced, as is work relating to share certificates and the statutory registers.
DOCUMENTS AND INFORMATION REQUIRED
1. Copy of the duly attested latest financial statement;
2. Affidavit confirming that all the members of the company have given their consent for conversion, the paid up capital of the company is Rupees 50 lakhs or less and turnover is less than Rupees 2 crores in the immediately preceding year( I WILL PROVIDE THIS DRAFTS)
3. List of Member and Creditors;
4. NOC from every creditors;
5. Details of person who will be sole member of the OPC subsequent upon conversion;( with id , residence proof, PAN, mobile no., email id, education qualification)
6. Details of nominee (with id ,residence proof, PAN, mobile no. email id, education qualification)
7. Consent of Nominee in FORM INC-3( I WILL PROVIDE THIS)
8. Copy of Board resolution and minutes of members meeting( I WILL PROVIDE THIS)
9. Altered MOA and AOA( I WILL PROVIDE THIS)
- Published in Starting a business
FSSAI full form is basically the Food Safety and Standards Authority of India. It is the governing and regulatory body for ensuring the safety of food products delivered to the consumers. Sometimes it is also referred to as the Food Authority of India. The Food Safety and Standards Act empowers FSSAI to exercise the powers in addition to carrying out the functions specified to them by the Government of India as well as the Ministry of Health and Family Affair. The Ministry of Health and Family also acts as a consultant for the FSSAI Food License.
FSSAI, empowered by the Food Safety and Security Act of 2006, sets the standards for healthy and consumable food products based on facts backed by science. The Food Authority of India also helps regulate the storage, production, distribution as well as the sales of the food products deemed safe to consume for the buyers of these food items. In addition to this, the food regulatory body also ensures that the food products are free from impurities and adulteration.
What is FSSAI license number?
FSSAI license is basically a 14- Digit registration number which is printed on food packages.Every food item in India has to be marked with the FSSAI logo and has to display the 14 digit-license number after they have under gone the food safety checks under the Food Safety and Standards Act. In addition to this, the food regulatory body has also instructed all restaurants and food eateries enlisted on the food aggregator apps like Zomato and Swiggy to display their fssai license number on the application and also give a hygiene rating for the food prepared by the restaurant. Failure to provide the aggregation apps with the required information will lead to your restaurant business being De-listed from the apps.
How to Apply
The process of application starts with the identification of eligibility of your premise. Depending upon the installed capacity (in case of manufacturers) and/or turnover (for other Kind of businesses) and/or location, your premise may be eligible for any of the following categories:
TYPES OF FSSAI LICENSE
|Central License||State License||Registration|
|Please Note: License/Certificate can be applied for a maximum period of 5 Years.|
|Central (1 Year)||State (1 Year)||Registration (1 Year)|
|New Application||Rs. 7500||View||Rs. 100|
|Renewal Application||Rs. 7500||View||Rs. 100|
|License/Certificate Modification||Rs. 7500||View||Rs. 100|
|Duplicate License/Certificate||10% of the Applicable License Fee||View||10% of the Applicable Certificate Fee|
FSSAI ELIGIBILITY RULES
Many times as a Food Business Owner it is difficult to determine what license to go for State or Central. Here, we list down the eligibility criteria so you can look up your type of business and swiftly proceed to acquire your food license.
Basic FSSAI Registration
Basic FSSAI registration is applicable for all food businesses and related activities like storage, sales, distribution, repacking and labeling for which the annual turnover does not cross Rs. 12 lakh or for food businesses which have a maximum turn over of Rs. 12 lakh Annually.
State FSSAI License Eligibility
The following FBOs can apply for a state FSSAI license
- Restaurants and Hotels
- Meat processing Units and Slaughtering Units
- Proprietary Foods
- Food Processing Units inclusive of corresponding retailers and repackers
- Vegetable Oil Processing Units as well as Production Units
- Dairy Units inclusive of Milk Chilling units
Central FSSAI License Eligibility
The following Food Business Owners have been deemed eligible to obtain the FSSAI central license by the regulatory authority
- 5 Star Hotels and above
- All Food Businesses inclusive of retailers, distributors, suppliers, and caterers mentioned for state license could apply for the central license if their operations are at larger scale.(~20 crore or more)
- Restaurants/ Food processing and handling chains with multiple branches across various states have to obtain the Central FSSAI license for the main branch/head office
- 100 % export oriented food processing/production units
- Food processing units, relabellers, and repackers who are processing more than 2 Metric Tonnes per day excluding grains, cereals, and pulse milling units
- Refrigerated storages holding a capacity of 10,000 Metric Tonnes or more
- Wholesalers with their annual turnovers amounting to Rs. 30 Crores or more
- Food Catering services located at airports as well as seaports
Based on Annual Turnover has to either apply for simple FSSAI Online Registration in FORM A with FSSAI or apply for Licensing in FORM B.
Documents to be enclosed for New Application for License to Central Licensing Authority
- Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the Authorized Signatory
- Blueprint/layout plan of the processing unit showing the dimensions in meters/square meters and operation-wise area allocation (mandatory for manufacturing and processing units only)
- List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details (mandatory for companies only)
- Name and List of Equipment and Machinery along with the number, installed capacity and horsepower used (mandatory for manufacturing and processing units only)
- Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory. (optional)
- List of food category desired to be manufactured. (In case of manufacturers)
- Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, collection of samples, packing & dispatch. (for manufacturers / processors)
- Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)
- Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) (optional)
- Partnership Deed/Affidavit of Proprietorship/Memorandum & Articles of Association towards the constitution of the firm. (optional) – For MoA – Three pages need to be uploaded (First page – Certification of incorporation, Second page – Authorization of food business activity and Third page – list of directors with addresses)
- Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives. (wherever applicable)
- NOC from manufacturer (mandatory for relabellers and repackers only)
- Food Safety Management System plan or certificate (if any)
- Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units.(wherever applicable)
- Source of raw material for meat and meat processing plants. (wherever applicable)
- Pesticide residues report of water in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory
- Recall plan wherever applicable, with details on whom the product is distributed. (optional)
- NOCs from Municipality or local body. (optional)
- Ministry of Commerce Certificate for 100% EOU
- Supporting documentary proof for Turnover
- NOC/PA document issued by FSSAI (In case of multiple documents, merge them into one document and then upload)
DAIRY UNITS INCLUDING MILK CHILLING UNITS EQUIPPED TO HANDLE OR PROCESS
1. Upload Production unit photograph 2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only) 3. List of Directors with full address and contact details (mandatory for companies only) 4. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only) 5. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the potable (mandatory only for manufacturing and processing units only) 6. Food Safety Management System plan or certificate (if any) 7. Declaration Form 8. Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory. 9. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) 10. Copy of certificate obtained under Coop Act-1861/ Multi State Coop Act-2002 in case of Cooperative (wherever applicable) 11. Partnership Deed/Self Declaration for Proprietorship/Memorandum & Articles of Association towards the constitution of the firm 12. Source of milk or procurement plan for milk including location of milk collection centre etc. in case of Milk and Products processing units (wherever applicable) 13. Form IX: Nomination of Persons by a Company alongwith the Board Resolution.
1. Upload Production unit photograph 2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only) 3. List of Directors with full address and contact details (mandatory for companies only) 4. Name and List of Equipments and Machinery along with the number, installed capacity and horsepower used (mandatory for manufacturing and processing units only) 5. Analysis report (Chemical & Bacteriological) of water to be used as an ingredient in food from a recognized/ public health laboratory to confirm the potable (mandatory only for manufacturing and processing units only) 6. Food Safety Management System plan or certificate (if any) 7. Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory. 8. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) 9. Partnership Deed/Self Declaration for Proprietorship/Memorandum & Articles of Association towards the constitution of the firm 10. Form IX: Nomination of Persons by a Company along with the Board Resolution. 11. Declaration Form 12. NOCs from Municipality or local body.
- Published in Starting a business
Now you apply Private Limited, One Person Company, Limited Liabilities Partnership and Other Mode of Company Online by the filing of online for and upload document.
*All fields are mandatories
- Published in Starting a business
eForm INC-22A -ACTIVE (Active Company Tagging Identities and Verification) is available on MCA21 Company Forms Download page for filing purposes. Stakeholders may plan accordingly.
Where a company files “e-Form ACTIVE”, on or after 26th April, 2019, the company shall be marked as “ACTIVE Compliant”, on payment of a fee of ten thousand rupees”.
Purpose of the eForm
All the companies which got incorporated on or before 31st Dec 2017 which are under ‘Active’ status as on the date of filing shall submit required particulars in eForm INC-22A on or before 25th April 2019.
In case company does not file eForm INC-22A within the time limit, Filing of eForm shall be allowed with a fee of Rs. 10,000
List Of Documents Mandatory To Attach In Form (INC-22A)?
Photograph of the registered office address showing the Inside and Outside Building with the Photo of Director who is affixing the Signature on the Form.
What is the Details mandatory to fill in the INC-22A Form?
(a) Number of the Directors as on the date of filing
(b) Email id of the Company
(c) Details of Statutory Auditor
(d) Details of the Cost Auditor if Applicable
(e) Details include DIN no, Name and Designation of CEO, MANAGER AND WHOLE TIME DIRECTOR.
(f) Details include Pan, Name and Membership Number of Company Secretary if Applicable.
(g) Details of CFO if Applicable.
(h) SRN number of AOC-4/MGT-7 for FY 2017-2018
Instructions to fill the eForm, Specific Instructions to fill the eForm INC-22A at Field Level
Instructions to fill the eForm are tabulated below at field level. Only important fields that require detailed instructions to be filled in eForm are explained. Self-explanatory fields are not discussed.
|Section Name||Field Name||Instructions|
|1||(a)||CIN||Enter a valid CIN .
You may find CIN by entering the existing registration number or name of the company in the ‘Find CIN’ service available under the menu MCA services available on the MCA website.
|Click the Pre-fill button. System will automatically display the name, address of the registered office, listed flag and the email ID of the company.
In case there is any change in the email ID, enter the new valid email ID.
In addition to the above fields, details mentioned in point no. 3, 5,6,7 and 8 will get prefilled based on the validations/conditions mentioned in the respective sections.
|Send OTP||This button will be enabled only after successful Pre-scrutiny of the form. Click on this button to send OTP to your email ID.
Please note that OTP can be successfully sent to the email ID against one form, for a maximum of 10 times in one day.
OTP shall be valid for a span of 30minutes.
For further chances, you may download a fresh form on the same day or try next day.
|Enter OTP for Email ID of the company||Enter the OTP received on your email ID.|
|Verify OTP||This button will be enabled after OTP for email address are entered. Please note that the OTP must be verified before you try to upload the form.|
|2||(a)||Number of Directors||Ensure that the CIN entered in field no. 1(a) is valid and then click the Pre-fill button available in field no. 2. System will automatically prefill the number of directors and list of directors based on the no. of active associations of all director roles based on unique DIN|
Note: Ensure that company has minimum number of directors as prescribed in the Act [Minimum requirement in case of private company (other than Producer Company) is 2 directors and for a private producer company is 5 and for a public company is 3 or for an OPC is 1]
|(b)||Maximum Number of Directors are beyond limits prescribed in Companies Act, 2013||Specify the details of the date and relevant SRN of MGT-14 in case number of directors prefilled above is more than 15 for all companies except Section 8 and Govt. companies.|
|(c)||List of Directors as on date of filing.||Details of directors will get prefilled based on the no. of active associations of all director’s roles based on unique DIN.
Associations based on ascending order of appointment date will get prefilled starting from Sl.No. 1. No. of rows shall be regenerated based on number prefilled in field 2(a) subject to a maximum of 50 rows.
Ensure that all associated directors DIN status is in approved status which is not marked for disqualification.
Note: In case DIN status is other than approved, error message shall be shown to file the relevant form before filing Active Company Tagging Identities and Verification (ACTIVE).
|3||Details of statutory auditor(s).||System will automatically prefill entire section 3 of the form starting from ‘Number of auditor(s) appointed’ to ‘Period of account for which appointed To’ based on the on ADT-1 approved for the latest period|
|of accounts for which auditor is appointed for the CIN entered in field no.1 (a).
In case number of auditor(s) appointed is more than 1, number of blocks shall be regenerated and prefilled based on the number prefilled.
Note: Period To date prefilled shall be on or after 31-03-2019. If not, company need to file ADT-1 before filing INC-22A.
|4||(a)||Whether the company is required to appoint Cost Auditor||Specify whether company is required to appoint Cost Auditor, in case ‘Yes’ is selected, system will automatically prefill entire section 4 of the form starting from ‘Number of auditor(s)’ to ‘Financial year to be covered by the cost auditor(s) To’ based on the on CRA-2 approved for the latest financial year for which cost auditor is appointed for the CIN entered in field no.1 (a).
In case number of auditor(s) appointed is more than 1, number of blocks shall be regenerated and prefilled based on the number prefilled.
Note: In case YES is selected and no cost auditor details are prefilled, filing of INC-22A shall not be allowed.
Period To date prefilled shall be on or after 31-03-2019. If not, company need to file CRA-2 before filing INC22A.
|5||Details of the Managing director or
Chief Executive Officer (CEO) or Manager or Whole-time Director of the company
|System will automatically prefill number of roles, DIN/PAN, Name and designation based on roles associated with designation Managing director; Chief Executive Officer
Whole-time director for the CIN entered in field no. 1(a).
Note: Ensure that company has managing director, or Chief Executive Officer or manager and in their absence, a whole-time director in case company is listed company or public company having a paid-up share capital of ten crore rupees or more.
|6||Details of Company Secretary of the company, if applicable.||System will automatically prefill the details of Company Secretary who is in full time employment associated with CIN entered in Field no. 1(a).
Note: Ensure that company has whole time company secretary in case company is listed or public company having a paid-up share capital of ten crore rupees or more or company having paid up share capital of five crore rupees or more.
|7||Details of the Chief Financial Officer (CFO) of the company, if applicable.||System will automatically prefill the details of CFO associated with CIN entered in Field no. 1(a).
Note: Ensure that company has CFO in case company is listed company or public company having a paid-up share capital of ten crore rupees or more.
|8||Details of forms AOC-4/AOC-4
XBRL and MGT-7 filed for FY 201718
|System will automatically prefill the details of AOC-4/AOC-4 XBRL and MGT-7 SRN for the CIN entered in Field no. 1(a).|
SRN details will get prefilled based on the forms filed for the FY ending 31.03.2018 for which Payment status is ‘Paid’ and SRN status is either pending for processing or approved. SRN shall not be marked for defective. In case of multiple filings for the same FY, prefill based on latest form filed.
Note: In case AOC-4/AOC-4 XBRL and MGT-7 is not field for FY 17-18, ensure to file these forms before filing INC-22A.
|Attachments||The following attachment is mandatory to be filed in all cases:
• Photograph of Registered Office showing external building and inside office also showing therein at least one director/KMP who has affixed his/her Digital Signature to this form.
• Optional attachments, if any.
|To be digitally signed by||Ensure that the eForm is digitally signed by one director in case of OPC. In case company is other than OPC, form shall be signed by one director and one KMP or two directors.
Disqualified director is not allowed to sign the form.
• In case the person digitally signing the e-Form is a Director – Enter the approved DIN.
• In case the person digitally signing the e-Form is Manager, Chief Executive Officer (CEO) or Chief Financial Officer (CFO) – Enter valid income-tax PAN.
In case the person digitally signing the e-Form is Company Secretary – Enter valid membership number in case of other than Section 8 company. In case of Section 8 company and if designation selected as ‘company secretary’, either membership number/ PAN shall be entered.
|Certification||Ensure the eForm is digitally signed by a Chartered Accountant/ Cost Accountant or a Company Secretary in whole-time practice.
Enter the details of the practicing professional and attach the digital signature.
Fee to filing INC-22A
|S.No||Purpose of the form||Normal Fee||Additional (Delay Fee)||Fee||Logic for Additional||Fees Re||marks|
|Event Date||Time limit(days)
|1.||INC-22A filed on or before 25th April 2019||Zero||#N/A||#N/A||#N/A|
|2.||Filing for eForm INC 22A where ACTIVE flag is marke
d as i.e., are non-
Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.
Trademark | Copyright | Patent | Design
As a business owner, if you have a unique idea i.e. likely going to be translated into a product or service or an algorithm, it is very important to think about the intellectual property right for this particular thing right from the beginning. Because intellectual property right (IPR) is something that gets less attention and is neglected which leads to big problems in the business in the future so it is going to be very important for us to understand the critical aspects of the intellectual property rights from some of our subject matter experts.
In the process of starting your business, if you’re going to be creating anything, whether it’s creating anything which is in literary or something in writing or it’s an artistic work or it’s music or even your brand or even designs, all of these things are intellectual property and capable of protection and more importantly monetization for you going forward.
There are a few aspects of IPRs which you must look at for registering your creation:
This is something you can do for protecting your brand/logo. This helps you in differentiating your products/services from other players in the market.
REGISTRATION PROCESS of Trademark:
Registration of a trademark can be done by two ways offline or online. Offline registration of the trademark can be done at one of the offices of the trademark register based on the jurisdiction. While online registration is called E-filing of a trademark.
E-filing of a trademark application is a new service provided by the trademark office. E-filing is beneficial and more useful than offline registration as it provides trademark application number immediately. It also provides online verification to assure error-free filing and obtain your filing date. It also speeds up the process. All the details can be saved in your PC and can see online history or track status of the applications filed by clicking “Status of filed application”.
The trademark registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.
Duration of Trademark:
Trademark can be registered for a duration of 10 years. It can be renewed for a further period of 10 years on payment of the renewal fees. The trademark can be renewed by filling the form TM-R with transaction costs.
Documents required and Fee for Trademark:
A soft copy of the logo in JPEG format is required for the registration.
• Name and address of the proprietor of the mark or Name of all the partners if its a partnership firm. or also attached partnership firm deed.
- For Private Limited Company – COI and Name and address of Authorized signatures
• In case company if you submit MSME certificate the fees will be reduced. You have to pay only Rs.4500/ instead of Rs.9,000/-
• In case of sole-proprietary firm fees will be Rs.4500/- or in case of Company Rs.9,000/-
Types Of Trademark available:
- Names According to Section 9 or 11 of Trade Marks Act it should not be similar to with an earlier trademark.
- The Combination of Colours or even a single color in combination with a word or device according to Section 10.
- Letters, numerals or combination of both.
- Sounds Mark
It is a legal right which is given to the creator of the product for a fixed time period.
Through this the author enjoys the exclusive privilege to publish, broadcast, adapt, make derivative works, showcase and monetize the same. It could either be a literary work, a dramatic work, music or artistic work.
How to get Copyright for a website?
A website may contain a number of elements that are literary or artistic in nature. For example, words, graphics, videos, software and photos etc. As per the Copyright Office, you will have to file copyright registration request for each of these elements separately.
Duration/Term of Copyright
In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.
In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations are protected for a period of 60 years which is counted from the year following the date of publication.
Application Procedure of Copyright
Any individual who is an author or rights owner or assignee or legal heir can file an application for copyright of a work either by the e-filing facility or by speed post. However, with effect from August 01, 2014, the Copyright Counter for filing copyright applications has been closed in order to popularise the electronic filing. Online Filing Process:
Step 1- Applicant need to create a User ID at http://copyright.gov.in/UserRegistration/frmNewUser.aspx by filling basic details.
Step 2- After successful registration, browse http://copyright.gov.in/UserRegistration/frmLoginPage.aspx and Log In with credentials.
Step 3- Once you are Logged In, click on “e-Filing of Application” in the left menu.
Step 4- Click on the link “Click here for online Copyright Registration”
Stage 5- The online “Copyright Registration Form” is to be filled-up in four
Offline Filing Process:
a) Application for registration is to be made on Form XIV. Form can be downloaded from here-http://copyright.gov.in/frmformsDownload.aspx
b) Separate applications should be made for registration of each work.
c) Each application should be accompanied by the requisite fee.
d) The applications should be signed by the applicant or the advocate in whose favour a Power of Attorney has been executed. The Power of Attorney should also be enclosed.
e) Answer each and every column of the Statement of Particulars and Statement of Further Particulars specifically.
Send the documents by post to Copyright Division, Department of Higher Education, Ministry of Human Resource Development, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi : 110001 Email
Telephone No, – 011-23362436
A mandatory period of 30 days should be passed post obtaining the diary number so that no objection is filed in the Copyright office against your claim that particular work is created by you. If such objection is filed it may take another one month time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing to both the parties.
If no objection is filed the application goes for scrutiny from the examiners. If any discrepancy is found the applicant is given 30 days time to remove the same. Therefore, it may take 2 to 3 month’s time for registration of any work in the ordinary course. The applicant himself or his/her leader may appear in the hearing according to S. 27 of the Act. As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board. The registration of a copyright thus, may take a period of 1 to 1.5 years.
List of Documents required to be submitted by Post along with application form. Refer to the document list based on Type of Work. Click here for list- Documents Required for Copyright Registration in India.
Fee for copyright:
The Fee can by paid either through Online mode or Postal Order or Demand Draft. List of Documents required to be submitted by Hand/ By Post along with application form.
3. Patent – The focus here is on proving the novelty of your creation. It needs to be a new invention for you to get a patent. Availing patent protection is a bit more complex than getting a trademark or a copyright. Generally, these are given for machines and pharmaceutical products.
4. Design – Registered designs are used to protect the external appearance of any object. These are primarily meant for protecting designs meant for commercial/industrial use. For instance, a Coca-Cola bottle.
IP – Investor’s Perspective
Whenever the company seeks funding from the investor community, IP – how it is managed and protected
– becomes an important criteria for them to decide. It helps investors figure out the long-term growth of the company. They check on a few key aspects like:
- IP ownership rests with the company and not with the founder
- Ensure that there are no arrangements of IP sharing.
- How frequently are the IP rights being reviewed?
- What are the legal implications for changes made to the brand or logo?
IP Registration Process
When it comes to registering your IP, say, for instance, trademark, the first thing which you need to figure out is to decide on its geographic spread – national registration or international registration. Under the Indian national regime of registration of a trademark, you can apply to any of the five registrars located at Mumbai, New Delhi, Kolkata, Ahmedabad, or Chennai for complete protection across India. The Registrar shall examine the application, post which it shall be published in the Indian Trademarks Journal. If no opposition is raised by any third party within 90 days, the Registrar accepts the trademark application.
Under the international regime, India is a signatory to various treaties, which allow for registration of a trademark in multiple countries with a single application process. Depending on the targeted countries you wish to register your trademark in, you can select any of the various international treaties such as the Madrid Protocol, European Community Trademark, etc.
Conclusion: When you think of any startup business you must have to Understand your intellectual property obligations. these intellectual property obligations build your band and secure your content & design.
1. Document Requirements:
Every Director must have PAN Card (if digital Signature is to be obtained for in the name of the said Director) issued by the Income Tax department as an Identity proof and one address proof in his/her name. Two passport size photographs of each Director are required. Clear Scanned copies of proofs and photos are preferred.
2. Name Availability Search:
It is advisable to conduct a Name Search for the proposed name of the Company to make sure that there is no identical or similar LLP/Company already registered in India or for which an application for registration has been submitted.
3. Payment of Fees (Part Payment):
Part payment is taken to initiate the Company Incorporation process. We provide you following payment options: 1. Cash, 2. Cheque and 3. Online Transfer. (Payment Gateway facility is under process)
4. (RUN) Name Application:
After approval of all the DIN, we shall draft the Main Object of the Company for the approval of the Promoters. On the approval of the Promoters, our team will forward Company name application with the Registrar of Companies.
5. Payment of Fees (Final Payment):
After the approval of the name, the remaining payment is taken.
6. Application of DIN & Digital Signature:
We shall prepare and send all the required documents for signature of the Promoters at one go.
7. Filing of Incorporation documents:
Our Team will prepare all the relevant documents along with eForms, Memorandum of Association (MOA) and Articles of Association (AOA) required for the company incorporation and will file the same with the authorities.
8. Final Process: After completion of the process:
we provide you a file containing all documentation made for Company formation along with DIN papers and Digital Signatures.
9. Long-Term Relationship:
We look forward to a very long-term relationship with all our Clients. We provide all kinds of recurring compliance services required by the Company in the form of Annual Return filing and various Event Based Compliance.
Limited Liability Partnership (Second Amendment) Rules 2018
The much-awaited Limited Liability Partnership (Second Amendment) Rules 2018 containing the relevant revised rules and incorporation related eform layouts have been notified on 18th September 2018 which would come into effect from 02nd
October 2018. The said amendment rules contain changes as detailed below:
1. Introduction of a Web Service titled ‘RUN-LLP (Reserve Unique Name – Limited Liability Partnership)’ replacing the erstwhile Form 1 (Application for reservation or change of name).
2. Introduction of a new integrated Form christened FiLLiP (Form for incorporation of Limited Liability Partnership) replacing the erstwhile Form 2 (Incorporation document and subscriber’s statement) combining therein 3 services i.e.,
a) Name Reservation.
b) Allotment of Designated Partner Identification Number(DPIN/DIN).
c) Incorporation of the LLP.
3. Change in the Processing of eForms:
The applications which would be submitted using the web-service/eForms viz. RUN-LLP, FiLLiP, Form 17, Form 18 and Form 5 would be processed at a Centralised location by the Registrar, Central Registration Centre(CRC) for and on behalf of the jurisdictional Registrar. The centralized registration process is likely to bring down the processing time to D+1 Day akin to Companies’ Incorporation forms and thus spur the growth of business in our country.
4. RUN-LLP (Reserve Unique Name – Limited Liability Partnership)
(i) RUN-LLP would be a simple and easy to use Web Service for reserving a name for a new LLP or for Change of Name of any existing LLP with only 4 relevant fields. The new web service would replace the existing Form 1 which contains 15 fields (4 pages) for reservation of name/change of name of LLP.
(ii) This is a ‘post-login’ service and existing users would need to login into their account using their credentials. New users are required to create a login account first before using the service.
5. Form for incorporation of Limited Liability Partnership (FiLLiP) (vis-à-vis existing Form
(i) New field ‘whether name is already approved by Registrar of Companies’ is introduced to accommodate names approved through RUN-LLP and reservation of name through FiLLiP.
(ii) New field 2(a) ‘Type of incorporation’ inserted to enables users to prefill/enter the type of incorporation (New incorporation/ Conversion of firm into LLP/Conversion of private company/unlisted public company into LLP).
(iii) New field introduced to enable the user to enter the number of designated partners/partners in a tabular format. Based on the number in the table, relevant section shall be enabled to provide the details.
(iv) Each category of partner/designated partner (except non-individual partner/designated partner is divided into two types, one having DIN/DPIN and another not having DIN/DPIN.
(v) In case of Body Corporate Designated Partners / Body Corporate Partners, count needs to be entered in the column for ‘not having DIN/DPIN’.
(vi) In case of Body Corporate Designated Partner, details of having DIN/DPIN or not having DIN/DPIN shall also be provided for the ‘Nominee of Bodies Corporate Designated Partners’
(vii) In case individual designated partner/nominee of Body Corporate designated partner is not having DIN/DPIN, all the relevant details pertaining to DIN/DPIN allotment shall be entered in the relevant section.
(viii) Maximum of two DINs/DPINs can be allocated through FiLLiP.
(ix)In case FiLLiP is getting filed for name reservation, user need to enter ‘proposed name’ (only one name is allowed) and other relevant details of name reservation.
(x) Relevant attachments pertaining to the name reservation/DIN allotment through FiLLiP got included in the form.
(xi)In case none of the Designated Partners have DIN/DPIN, the form can now be signed by providing PAN details of the Designated Partner.
- Published in Starting a business
Digital Signature Certificates or DSC or Digital Signature are being adopted by various government agencies and now is a statutory requirement in various applications.
SPLAN offers a different class of certificates to help organization and individuals secure online transactions with legal validity as per the Indian IT Act, 2000.
There are various Type and Class of DSC, the information below would help you to arrive to the right certificate for your needs.
Type of Digital Signature Certificates or DSC.
The DSC could only be used for Signing a document. (The most popular Certificate) The most popular usage is signing the PDF file for Tax Returns, MCA and other websites.
The DSC would be used to Encrypt a document, it is popularly used in the tender portal, to help your company encrypt the documents and upload. You could also use the certificate to encrypt and send classified information. We are selling Encrypt certificate as a standalone product as well.
- Sign & Encrypt
You could buy both Signs & Encrypt DSC by using this category.
Validity of the Digital Signature Certificates or DSC.
You could buy certificates with validity up to three years. (The validity is controlled by law, and you cannot buy certificates more than three years and less than One-year validity)
Classes of Digital Signature Certificates or DSC.
The IT law allows us, three Classes of DSC, however, we only sell Class 2 and Class 3 certificates. We are not selling Class 1 Certificates.
The difference between Class 2 and Class 3 is verification guidelines.
- Class 2
This is most popular class of certificates, and most applications would recognize this class of certificates.
- Class 3
This level of assurance is required generally by Tender portals and some highly sensitive websites. If you opt for class 3 certificate, all applications which are created for Class 2, should be able to recognize your certificates.
Who could buy Digital Signature Certificates or DSC .
There is no limitation on who could buy our certificates, people and organization from India and outside India can buy our certificates, provided they meet our Verification Guidelines. Please look at our list below to select an appropriate application form.
The DSC is for Indians, who do not want their organization name to be part of the certificate.
Ths DSC is for companies (any type of entity), who want their organization name to be part of DSC.
- Foreign Individuals
The DSC is for foreigners and would like to use our certificate in their name.
- Foreign Organization
The DSC is for Organizations registered outside India would like to use our Digital certificates.
- Document Signer Certificate
If you intend to use our certificate for bulk signing of documents, you could use our Bulk Signer Certificates. We would offer this certificate in PFX file for Class 2 and is sold to Organizations only.
- IET Certificates
We have a special Digital Signature certificate for IEC code holders, this certificate is specifically used for DGFT portal.
To serve you better the certificates are available locally in your area / city through a SPLAN.
You can also write to us at INFO@SPLAN.IN or speak to our connect manager at +91-9122329999 who will assist you in connecting to our business manager.
The cost of obtaining a digital signature certificate may vary as there are many entities issuing DSCs and their charges may differ.
Documents required – Indian Citizen.
|INDIVIDUAL CERTIFICATE||ORGANIZATION CERTIFICATE|
List of accepted documents – Indian Organization.
|Copy of Applicant’s Organizational ID Card / Letter from Organization / Pay Slip||✔||✔||✔||✔||✔||✔|
|Copy of Organizational PAN Card||✔||✔||✔||✔||✔|
|Copy of Bank Statement (First 2 Pages)||✔||✔||✔||✔||✔||✔|
|Copy of Incorporation/Registration Certificate||✔||✔||✔||✔|
|Copy of AOA & MOA / Rules / Bye laws (First 2 Pages)||✔||✔||✔||✔|
|Copy of Last Income Tax Return / Audit Report & Annual Return / Self Affidavit with reason, if not available (First 2 Pages)||✔||✔||✔||✔||✔||✔|
|Copy of Partnership Deed / Trust Deed / LLP Agreement containing the List of Partners / Signatories (2 Pages)||✔||✔||✔|
|Copy of Business Registration Certificate (S&E / ST / VAT)||✔|
|Proof of Authorized Signatory (Board Resolution)||✔||✔||✔||✔|
|Authorized Signatory Organizational ID Card / Self-Attested Letter of Organizational Identity||✔||✔||✔||✔||✔||✔|
|Copy of PAN Card of Applicant, if PAN provided|
E. List of accepted documents – Foreign Individual
|IDENTITY PROOF (ALL ARE MANDATORY)||ADDRESS PROOF (ALL ARE MANDATORY)|
F. List of accepted documents – Foreign Organization
|IDENTITY PROOF (ALL ARE MANDATORY)||ADDRESS PROOF (ALL ARE MANDATORY)|