Corporate Law and Secretarial

Corporate Law and Secretarial Service in Delhi

INCORPORATION SERVICES

Starting a business requires a structured legal foundation, and at Jain Akshi & Associates (JAA), we offer seamless incorporation services to help businesses establish themselves with full legal compliance. Our expertise ensures that companies, LLPs, and partnerships are registered efficiently while adhering to statutory requirements.

Our Incorporation Services Include:

Obtaining DSC, DIN, and DPIN

  • Digital Signature Certificate (DSC): A mandatory digital identity for company directors and designated partners to sign official documents electronically.
  • Director Identification Number (DIN): A unique identification number required for individuals intending to become directors of a company.
  • Designated Partner Identification Number (DPIN): DPIN is required for partners in an LLP.
Company, LLP, and Partnership Firm Registration
  • Private Limited Company, Public Limited Company & One Person Company (OPC) Registration

Forms Required:

  • SPICe+ (Form INC-32) – Application for company incorporation
  • AGILE-PRO (Form INC-35) – Application for GST, EPFO & ESIC registration along with company incorporation
  • e-MoA (INC-33) – Electronic Memorandum of Association
  • e-AoA (INC-34) – Electronic Articles of Association
  • Form INC-9 – Declaration by directors and subscribers

Services Offered:

  1. Name reservation through RUN (Reserve Unique Name) service
  2. Drafting and filing of Memorandum & Articles of Association (MoA & AoA)
  3. Director Identification Number (DIN) application for directors
  4. Digital Signature Certificate (DSC) facilitation
  5. Obtaining the Certificate of Incorporation (CoI) from the Ministry of Corporate Affairs (MCA)
  6. PAN & TAN application for the company
  7. Bank account opening support

Drafting Memorandum & Articles of Association (MoA & AoA)

  • Memorandum of Association (MoA): Defines the company’s objectives, powers, and scope of operations.
  • Articles of Association (AoA): Lays down the internal rules, management structure, and rights of shareholders/directors.
  • Custom drafting based on business-specific requirements to ensure flexibility and legal clarity.

Obtaining Necessary Licenses and Registrations

  • Import Export Code (IEC) for businesses involved in international trade.
  • Shops & Establishment Registration for local business operations.
  • MSME Registration, Startup India Recognition, and other industry-specific licenses.

POST INCORPORATION SERVICES

1. Filing Annual Returns & Statutory Reports Forms:

  • MGT-7 – Annual Return of the company
  • AOC-4 – Filing of Financial Statements
  • MGT-8 – Certification by a Practicing Company Secretary (for certain companies)
  • Every company (except OPC & small companies with some relaxations) must file an Annual Return (MGT-7) containing details of shareholders, directors, and corporate governance aspects.
  • The Financial Statements (AOC-4) including balance sheet, profit & loss account, and auditor’s report must be filed with the Registrar of Companies (ROC).

2. Changes in Board (Appointment, Resignation, Regularisation, Removal) Forms:

  • DIR-12 – Appointment or resignation of directors
  • DIR-3 KYC – Director KYC update
  • MGT-7 – Disclosure of changes in annual return
  • MGT-14 – For passing Board Resolutions (if required)
  • Companies must notify ROC within 30 days of any change in the board, whether appointment, resignation, or removal.
  • In case of removal, shareholders must approve the decision in a General Meeting via an Ordinary Resolution.

3. Appointment/ Resignation/ Removal of Auditor:

  • ADT-1 – Appointment of Auditor
  • ADT-3 – Resignation of Auditor
  • MGT-14 – Resolution filing (for certain cases)
  • Companies must appoint or reappoint auditors and inform the ROC within 15 days using ADT-1.
  • If an auditor resigns, the company must file ADT-3 within 30 days.
  • Special resolutions (if needed) must be filed using MGT-14.

4. Registered Office Compliances:

  • NC-22 – Change in the registered office address
  • MGT-14 – For Special Resolution (if address change is outside the city)
  • INC-23 – Approval for shifting the office to another state
  • If a company changes its registered office, it must notify the ROC within 15 days via INC-22.
  • If shifting to another city or state, approval of shareholders and Regional Director is required.

5. Conducting Board & General Meetings (Agenda, Minutes, Resolutions):

  • Companies must conduct Board Meetings at least once in every 120 days and 4 times a year.
  • General Meetings (Annual General Meeting for regular matters and Extra-ordinary General Meeting for urgent matters) must be held following legal guidelines.
  • Resolutions (e.g., appointment, removal, approval of financials) must be recorded in minutes and filed with the ROC if required.

6. Maintaining Statutory Registers and Records Registers to be maintained:

  • Register of Members (MGT-1)
  • Register of Directors & KMP (MBP-1, DIR-12)
  • Register of Charges (CHG-7)
  • Minutes of Meetings (Board & General Meetings)
  • Companies must maintain statutory registers as per the Companies Act, 2013.
  • These records are essential for compliance and may be inspected by ROC or shareholders.