Company and LLP incorporation
Incorporating a company or LLP involves legally establishing the entity based on local regulations. For a Public Company, a minimum of 7 members is required, whereas a Private Company needs at least 2 members. A One Person Company (OPC) can be formed with just 1 member. An LLP requires a minimum of 2 partners. Each type has specific compliance and governance requirements, tailored to their operational scale and public interaction.
Conversion of LLP into Company
To convert an LLP into a company, you need to obtain partner approval, prepare and file necessary documents with the Registrar of Companies, and meet regulatory requirements. This process includes submitting an application for conversion and ensuring compliance with corporate governance standards. Once approved, a certificate of incorporation for the new company is issued, completing the conversion.
Conversion of OPC to Private Companies
To convert an One Person Company (OPC) to a Private Company, obtain approval from the sole shareholder, prepare and file the required documents with the Registrar of Companies (ROC), and ensure compliance with private company regulations. Once approved, the ROC issues a new certificate of incorporation reflecting the change.
Annual Filing &Compliances Services for Companies & LLP
Companies Must file the Annual Return using MGT-7 and the Financial Statements using AOC-4 every year. Limited Liability Partnership Must file Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency) annually.
XBRL filings
the Companies (Filing of documents and forms in Extensible Business Reporting Language) Rules, 2017 provided that certain classes of companies must mandatorily file their financial statements and other documents under Section 137 of the Companies Act, 2013 (‘Act’) with the ROC in eform AOC-4 XBRL.
Secretarial Audit
Every Listed Company.
Every public company having –
Paid up share capital > Rs. 50 crore
Turnover > Rs. 250 crore
If anyone of the criteria meets then also secretarial audit is mandatory. A practicing Company Secretary has been recognized to conduct a secretarial audit.
Other Company Law matters
FEMA compliances
FC-GPR: Report issuance of shares to foreign investors within 30 days.
FC-TRS: Report transfer of shares between residents and non-residents or between non-residents within 60 days.
FLA Returns: Annual report of foreign liabilities and assets, due by July 15th for the previous financial year.
Listing Compliances
Audits and certification under listing agreement.
Assistance in compliance with provisions of listing agreement.
Assistance in compliance with various Guidelines, Rules and Regulations issued by SEBI.
Liaison with office of Stock Exchanges.
Other allied services.
Due Diligence
Due diligence involves thorough investigation and evaluation to ensure accuracy and compliance. It includes verifying the identity of clients (KYC), assessing creditworthiness, ensuring regulatory compliance, evaluating risks, reviewing documents for authenticity, and checking internal controls. This process helps mitigate risks and prevent issues in transactions and business operations.
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