Please share the key notes and Amendment for The Limited Liability Partnership (Amendment) Rules, 2022.
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amendment
partnership
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limited
Hello Professionals
In terms of Section 73 of the Companies Act, 2013 read with Rule 2(1)(c)(vii) of Companies (Terms and conditions of acceptance of Deposit) Rules, 2014, deposits do not include receipt of money from Director of the Company, but the money received from a member is treated as a deposit. In case the deposit is taken from a person who is both a director and a member of the Company, will such receipt of money be treated as a deposit or not?
What are the rules for using TM?
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What is Rule 37 of trademark Rules?
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Please confirm NRI includes in the Definitions of Foreign Nationals while doing Incorporation. Documents of NRI needs to be appostile or notarised in case signing or execution taken place out side India ?
MOA & AOA in that case how to file ? As E-MOA & E-AOA is applicable but CRC asking to provide in physical manner. Its totally contradiction
(5) Where subscriber to the memorandum is a foreign national residing outside India-
(a) in a country in any part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized by a Notary (Public) in that part of the Commonwealth.
(b) in a country which is a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized before the Notary (Public) of the country of his origin and be duly apostillised in accordance with the said Hague Convention.
(c) in a country outside the Commonwealth and which is not a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity, shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;
(d) visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa.
Explanation.- For the purposes of this clause, it is hereby clarified that, in case of Person is of Indian Origin or Overseas Citizen of India, requirement of business Visa shall not be applicable.
rule
incorporation
nationals
foreign
meaning
Re-submission-(f) if the body corporate is a company, certified true copy of the board resolution specifying inter alia the authorization to subscribe to the memorandum of association of the proposed company and to make investment in the proposed company, the number of shares proposed to be subscribed by the body corporate, and the name, address and designation of the person authorized to subscribe to the Memorandum;
Please share how to resolve
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incorporation
companies
162f
rule
Please clear
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If as per Incorporation Rule -13. Signing of memorandum and articles.-
13 (5) Where subscriber to the memorandum is a foreign national residing outside India-
(a) in a country in any part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized by a Notary (Public) in that part of the Commonwealth.
(b) in a country which is a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized before the Notary (Public) of the country of his origin and be duly apostillised in accordance with the said Hague Convention.
(c) in a country outside the Commonwealth and which is not a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity, shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;
(d) visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa.
Explanation.- For the purposes of this clause, it is hereby clarified that, in case of Person is of Indian Origin or Overseas Citizen of India, requirement of business Visa shall not be applicable.
But my question is here in the case of NRI, required physical MOA and AOA duly notarized / apostillised / authenticated by a diplomatic or consular officer, as applicable, as per Rule 13(5) of Companies (Incorporation) Rules, 2014 ? If yes then how to file E-MOA & AOA which is mandatory in the case of NRI . Very contradiction in incorporation of company in case of NRI . Please suggest its mandatory or not ?
case
articles
memorandum
signing
rule
Hello Professionals
Whether show of hands under section 107 is possible in case of companies
which are covered under rule 20 of Companies (Management and
Administration) Rules, 2014 relating to voting through electronic means?
under
companies
rules
administration
relating
voting
means
electronic
through
Hello Professionals
Whether show of hands under section 107 is possible in case of companies
which are covered under rule 20 of Companies (Management and Administration) Rules, 2014 relating to voting through electronic means?
under
companies
rules
administration
relating
voting
means
electronic
through
Hello Professionals
As per Section 96 (2), every annual general meeting shall be called during
business hours, that is, between 9 a.m. and 6 p.m. on any day that is not a
National Holiday and shall be held either at the registered office of the
company or at some other place within the city, town or village in which the registered office of the company is situate.
However, in case of the EGM, there is no clarity under Section 100 /101 and
rule 17 with regard to the time, day, place of holding the EGM?
What is Rule 49 of GST?
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