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ABOUT US

Startup innings is an online platform which helps startups and entrepreneurs to achieve their business goals by providing various corporate related services so that they can focus on their core business matters. We provide services for small and mid-level corporates.

We are just a click away to provide online query solutions to your business requirements such as business registrations, accounting, taxation, secretarial matters, company law matters, tax filings, advisory on corporate matters and annual compliances.

AUDIT SERVICES

TAX

CORPORATE FINANCE

TAXATION

TDS

ACCOUNTING SERVICES

GST

MANAGEMENT SERVICES

PAYROLL

Company registration
FSSAI License and Registration
Trademark
MOA Amendment

What is a Private Limited Company?

Private Limited Company is one of the most common legal entity and this is governed by the companies Act 2013.A Private Limited Company is a type of organization that can set up to run the business. Company ownership can be split in the shares that are owned by shareholders.

Every company in India is established under the Companies Act, 2013 (‘Act’).An Indian company must have at least one director who is an Indian citizen. The Board cannot have only foreign directors, but they can be appointed as an executive or an independent director in an Indian company.

Documents Required for Company Registration

To register private limited company the following proof of identification are mandatory for the directors.

Indian Nationals: PAN card mandatory for those who are residence of India.

Foreign Nationals: Passport is mandatory for those who are not resident of India
In addition to the above documents, address proofs of the Directors are also mandatory.

Indian Nationals: Passport / Driver’s License / Election ID / Ration Card / Aadhar ID is mandatory for those who are residence of India.
Foreign Nationals: Drivers License / Bank Statement / Residence Card those are not resident of India.
At last, as proof of residency, the prospective Directors must produce one of the following documents. Latest documents should be submitted not more than the period of last two months:

Indian Nationals: Bank Statement / Electricity Bill / Phone Bill/Mobile bill
Foreign Nationals: Bank Statement / Electricity Bill / Phone Bill/Mobile bill

If the Company have foreign shareholders following documents need to be submitted additionally

Board resolution authorizing investment in the company is mandatory
Incorporation Certificate of the Company is necessary and
Finally the company should submit address proof of the company

Company Registration Process

The following are the steps involved in registering a company in India:

Step 1: Spice Name reservation Form

Spice Name reservation is the part of the Incorporation forms is the application to file and reserve the company name. normally 1 or 2 name approval application with business objectives can be submitted. If the name is rejected thealternative unique names need to be submitted

Step 2: Digital Signature for Directors

To confirm authenticity of online document a Digital Signature is essential. To avoid financial scams Director Identification Number (DIN) is mandatory for current and prospective directors of companies. During the company registration the Ministry of Corporate Affairs made Digital Signature Certificate(DSC)mandatory . Only the Directors who is authorized for e-filling purpose are required to obtain a DSC.Digital Signature helps to secure data in addition to this it saves time for physical signatures

Step 3: Incorporation Application Submission

Once we obtain Digital signature then Incorporation application can be filled in SPICE+ form to the MCA with all relevant data. SPICE+ form is the new-based form of SPICE form. Along with the incorporation application, the Articles of Association (AOA),the Memorandum of Association(MOA) are also filled along with the details of PAN and TAN.

Private Limited Company Compliances

Private Limited Company once registered in India there will be various compliances that should be maintained from time to time to avoid penalties and additional fees. Below are some compliances of the company that would be required to complete after company registration.

Auditor Appointment:

An auditor is a qualified professional who is trained to verify all the data of the company. According to the section 136(6) of Companies Act 2013, a Private Limited Company should appoint an auditor within the 30 days of registration of the company is done in presence of all board members. Chartered Accountant is eligible to be an Auditor of the company if is in practice.

Director DIN KYC:

Every individual who is allotted DIN (Director Identification Number)as on 31st March which is the financial year end must submit their KYC on or before September immediately next financial year to check the validation of Directors phone and email address on record with the Ministry of Corporation Affairs.

Commencement of Business:

Commencement of Business is the declaration filed by the Directors with the registers. A Private Limited Company having share capital cannot commence business until it has obtained the certificate of commencement of business (COB) and that form should be filed within 180days of incorporation.

MCA Annual Filings:

The Private Limited Companies must file a copy of Financial statements to the Ministry of Corporate Affairs each financial year.As a part of Annual filling following e-forms are to be filled to the ROC.

1.Form MGT-7 ,this Form is about Annual returns.2 Form AOC-4 is about Financial statements both these forms should be filled by signing digitally by the Directors and a practicing professional.

Income Tax Filing:

Every year all companies must file an income tax return before the due date-irrespective of the incorporation date.The income tax return of the company can be filed online and it must be digitally signed by one of the Director’s Digital Signature.

Registered Office of Company

Registered office is the permanent address of the Company or business. It is the main office of the Company where all communication relating to the company is sent by the governmental departments. All the companies which are registered in India are required to maintain a register office in India. During the incorporation of the Company the details pertaining to registered office address need to be given along with address proof and NOC of the owner of the premises for usage of premises as registered office of the Company

Register office of the company can be changed after the incorporation is done in case required, if the change of register office is within the same state the process will take less time and documentation but if the registered office is changed from one state to other state, then the documentation and process related to the same will take more time for approval from the Regional director and Registrar of Companies.

Opening of Bank Account for Private Limited Company

To open a bank account for private limited company the following documents are required.
1. Memorandum of Association (MOA)

2. Article of Association (AOA)
3. Certificate of Incorporation.
4. Board Resolution for authorization to open current account and signatory
5. Address proof of registered office address.

FSSAI means Food Safety and Standards Authority of India established under the Ministry of Health and Family Welfare and the Food Safety and Slandered Act of 2006.Any entity which is involved in the process of manufacturing ,preparation,transport,strorage of food or food products should be registered under the FSSAI Act. Any entity which is operating food business in India is responsible for registering and licensing food business. According to the nature and size of the business FSSAI registration may be required.

FSSAI – Food Safety & Standards of India

The Food Safety and Standard Authority of India (FSSAI) is a statutory body established under the Ministry of Health and Welfare of Indian Government. Businesses in India which are related with the food should have license based on the FSSAI Act.

FSSAI Registration

Food Business Operator (FBO)should obtain the necessary registration. A 14 digit number is printed on all the food packages that 14 digit number gives the detail about the assembling state procedures permit.

The following category covers which involved in food business

1.Dealing in food products like petty retailer, temporary stall holder ,sells any food article

2. Annul turnover should not exceed 12lakhs it may be any food business which includes small scale or cottage or any tiny food businesses.
3. Food production other than milk and meat should not exceed 100kg/liters per day
4. Slaughering capacity per day or less is 2 large animals,10 small animals or 50 poultry birds.

Food Business Operator (FBO)can obtained FSSAI registration online by filling and submitting the FASSI registration with Form A or Form B and FSSAI can also be filed offline with FormA and FormB to the Food and Safety Department.

The FSSAI registration form can be accepted or it can be rejected with in the 7 days from the date of receipt of an application either physically or online. if the Form is rejected it has to be intimated to the applicant in written.

If the department of the food business operator is satisfied the registration criteria, the it will grant FSSAI registration certificate. Register number and photo copy of applicant email ID is needed. One thing that should that the Department may conduct an inspection of food premises before granting the FSSAI certificate.

FSSAI License

FSSAI license is obtained for the operating a food business in India.FSSAI is of two types: State FSSAI license and Central FSSAI License based on the size and nature of business. For medium-sized food manufactures, processor and transporters State FSSAI License is required and for large food manufacturer and importers we require central FSSAI license.

To apply the Central license the FBO must have a turnover exceeding Rs.20 cores and have to need of operations in two or more states. All importer and Exporter should have these license .The minimum tenure of License is 1 year and exceeds up to maximum tenure of 5 years

FSSAI license is issued for a period of 1 to 5 years the business can opt for more than one year however additional govt fees need to be paid for the Number of years period is extended

FSSAI License Renewal

Any individual holding a FSSAI registration or FSSAI license can apply for the renewal of license by making an application which is no later 30 days prior to the expiry date of the FASSI license. If renewal application filled beyond the expiry date is subjected will have a late penalty fee of Rs.100 per day for each day of delay. If the food license is expired FBO need to terminate all business activities at the premises.

A trademark is a unique symbol or word(s)is used to represent a business or its products .It is a type of intellectual property, and is used to recognize sign, design ,Phrase, symbols that identifies your goods or services. It also protects the specific logo, and symbols pertaining to your or business brands. The trademark symbol is(TM) is the mark the company use.

Trademark Registration

Registration of a trademark is not compulsory .In India According to the Trademark Act 1999permit to register a Trademark. It allows for exclusive rights to the owner and prohibits others from using the same trademark which is used by the owner. Trademark registration is usually done to protect unique brands, logos, symbols, non-profit organization, individuals etc…

The trademark registration is done under the supervision of a professional because it take many steps and has long processes and constant need of government follow –up is necessary. Each set of person have its own requirements when filling trademark registration some of them as follows;

The person (individuals):

A single individual can also file trademark application and allow trademark registration for a symbol or a word that can be used by the applicant. In the future if an individual doesn’t having the business then also the person can apply for trademark registration.

Joint owners:

When there are joint owners in the company together can file for a trademark but both their names should be mentioned in the application.

Proprietorship Firm:

It is a firm which is owned by single individual. In this type of firm the trademark application is filed under the proprietor’s name but nor by business name .If we include both business name and proprietor name for the application the details will be considered separately.

Partnership Firm:

A partner firm in which two directors should be there, in this type of firm the company should include all the names of the partners in the application while registration of trademark is done.

Limited Liability Partnership/LLP:

In this Limited Liability Partnership/LLP firm the name of the LLP is taken for the application. This is an incorporated body where the partners have their own identity. The partners can’t be the applicant as the trademark belongs to LLP.

Indian Company

An Indian company regardless of whether it is a private limited or any other form must file the trademark application in the company name. In this firm the company’s director can’t be a trademark applicant.

Foreign Company

In foreign company the application must be made in the corporate name as it s registered in the foreign country .The country, the laws and the nature of the company is mentioned here.

Documents required to register a Trademark online

Incorporation Certificate:
If the trademark is registered under a LLP or a company name
Partnership deed:
If the trademark which is registered under a partnership firm.
Pan card:
Pan card of the authorised signatory should be given.
Aadhaar card:
Aadhaar card of the authorised signatory should be given.
Logo:
Logo should not be uploaded in black and white to ensure all the colours in the trademarkare covered under the registration.
Form TM-48 signed:
FormTM -48 is a legal document prepared by the professionals as a paper for the signature.This legal document permits to submit trademark with the trademark registry on your behalf.

Types of Trademark registration in India

There are many types of trademarks in India some of them are

1. Product mark:
Trademark application which is filed under the trademark could be 1-34 classified by the product mask.

2. Service Mark:
Service mark is similar to the product mark except that the service mark identifies the services rather than products. In this Trademark applications are submitted under trademark classes 35-45.

3. Collective Mark:
Collective mark is used by the group of members to protect goods and services collectively. In this type of mark the trademark holder can be an association, a public institution or a section 8 corporation.

4. Certification Mark:
Certification marks is sign issued by the proprietor that indicates the product origin, quality, substance. The main object of the certification is to establish the slandered of the product to assure that the product has passed by the standardized test to ensure its quality. Certification mark generally can be seen on packed items, toys, goods and electronics.

5. Shape mark:
This type of mark is used to secure shape of a product so that the customer associates with the specific manufacture and choose to buy it. Once the shape of the product is determined shapes can be registered.

6. Pattern Mark:
Pattern Marks are the marks that consisting of patterns that are used for the identifying goods or services are originated from a particular undertaking.The person who manages or examines the use of the mark and controls the nature and the condition of the goods which is affixed is the owner of this mark.

7. Sound Mark
A sound mark or a sound logo or audio logo is a trademark where sound is used to perform the trademark function.According to the Trademark Rules of 2017,rule26(5)says that the application for the sound mark to produce sound is reproduced inMP3 format and should not exceed the limit of 30 second of time.

Memorandum of Association of a company is the constitution of the company, which refers business activities of the company, Capital, State of incorporation, liabilities of the members etc…Alteration in MOA can be affected by passing a special resolution. the meeting of the Shareholders of the company. In this process a special care should be taken during the procedure.

Alteration Requiring MOA amendment

Altering Name in MOA

Alteration of Memorandum can be affected by passing a special resolution by the company. Alteration is required when you change the name of the company like Private limited Company or Public Limited Company, in this case no approval of central government is required. In other cases central government consent is needed.

Registered office Change (State to State)

For the Shifting of the registered office from one state to another state changes in Memorandum of Association is required by the company. However, there are some reasons that include in change in registered office to other state:

The operations done in the current location should be developed.
The existing objectives have to be managed.
Business enterprise partially or wholly to be sold.
The business can be merged with other business.
The business should be conducted more professionally and even more economically.

By the Shareholders of the Company a special resolution has to be approved if the registered office is shifted from one state to another state. If the registered office is shifted the change in Memorandum must be filed to the registrar of the state informed by the company that is moving and also the registrar of the state where there is shifting. After getting the approval from the registrar of Companies, changes should be done in MOA of the company so that the present location of the registered office can be located.

Alteration of Objects Clause

In Object Clause, the company doesn’t permit to do business activity which is not mentioned in the object clause. Changes in the object clause can be easily made in case of private limited Company without any inconvenience. If same process is done for a public company then special resolution should be passed and also published in newspapers where the registered office of the company is located.

Alteration of the Liability Cause

To make the changes in the liability a special resolution is passed .MOA should state that the company is limited by shares or by guarantee. and also, the liability of the members is limited or not. Within the 30days of change made a resolution must be filled with the registrar.

Alteration of Capital Clause

Alteration of Capital Clause can be discussed in the general meeting. Changes may require for a subdivision of the shares or consolidation of shares. Other reason for alteration is conversion of stock, and within 30days the alteration of the registrar can be filled.

Alteration of Authorized Capital

The checking of the Authorized Capital of the company must be there for issuing its shares. If the share capital exceeds the amount of Authorized capital then the company can’t issue the shares. Hence the authorized capital of the company must be increased and modification to the MOA should be made.

Memorandum of Association of Company

A memorandum of Association of the company is a very essential document for incorporation of the company also refers as the constitution of the company is the document which is signed by the main member of the company on the registration and establishment of the company. Some details such as name of the company, shareholders address of the company, purpose of the formation, liabilities of the members and authorized capital are mentioned in MOA of the Company

Subscriptions

Subscription of Memorandum

Subscribers of memorandum of association can become the members of the company on incorporation /registration of the company. The entity for the incorporation, founding member of the entity can be seven or more for the Public Limited Company, Two members or more for private limited company, one if One-person Company should be mandatory and they must subscribe their names to MOA. For the approval of its particulars the process of appending one’s signature by the subscribers to the memorandum.

Who can subscribe to the MOA?

Any Individual
Foreign citizens and Non-resident Indians
Minor (courtesy a natural guardian)
A company that is incorporated under the Companies Act.
A company that is incorporated outside India
A society that is registered under the Society Registration Act,1860
Limited Liability Partnership
A Corporate Body that is Incorporated under an Act of Parliament or the State Legislature

For affixing every subscriber’s signature and requires a person as a witness to this. The witness has to write name, address, description and occupation. If the signature of the subscriber or witness is in other language than English than an affidavit should be filled by declaring that the signature is actual of subscriber or witness.

In other cases, if subscriber can authorize another individual to affix the signature by granting a power of the attorney of concerned person. Then the agent should write name, address, description and occupation in the presence of one witness.

The Digital signature of subscribes of new MCA ,the E-MOA should be submitted.

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