DRAFT DIR-4

Form DIR-4

Verification of applicant for application for DIN

[Pursuant to section 153 and rule 9(3)(a)(iv) of Companies (Appointment and Qualification of Directors) Rules, 2014]

I, …………………………., Son of ………………………., born on ……………………….., resident of ……………………………………………………….., hereby confirm and verify that the particulars given in the Form DIR-3 are true and also are in agreement with the documents being attached to the Form DIR-3.

I hereby confirm and declare that          

1.   The photograph and documents being attached to the Form DIR-3 belong to me. I further confirm that all required documents have been duly certified by the respective government authority and are being attached to the Form DIR-3, and

2.   I am not restrained, disqualified, removed of, for being appointed as director of a company under the provisions of the Companies Act, 2013 including sections 164 and 169, and

3.   I have not been declared as proclaimed offender by any Economic Offence Court or Judicial Magistrate Court or High Court or any other Court, and

4.   I have not been already allotted a Director Identification Number (DIN) under section 154 of the Companies Act, 2013, and

5.   I shall be liable under section 448 of the Act and under the relevant provisions of the Indian Penal Code, 1860 and any other law as applicable, if any statement in this application is found to be false or any material fact is found to have been omitted.

Signature:

(………………………Name)

Date:      ……………, 2015

CONVERSION OF PRIVATE LIMITED COMPANY INTO LLP

Points to be taken care of before proceeding for conversion:

1)      All shareholders of the Company should be partners in LLP.

2)      At least two of all the partners should be named as Designated Partners.

3)      No e-Forms should be pending for payment or processing in respect of the Company.

4)      No open (unsatisfied) charges should be pending against the Company.

5)      Company should be having Share Capital.

6)      Company should not be a ‘Section 25 Company’.

7)     At least one balance sheet and annual return should have been filed by the Company after its incorporation.

Procedure for Conversion

1)      Holding of Board Meeting for approving Conversion.

2)      Obtaining DIN of all the Shareholders for being Designated Partners;

3)      Obtaining Digital Signatures of Designated Partners;

4)      Obtaining Name Approval by filing e-Form INC - 1 (with appropriate attachment as may be required);

5)      Obtaining Members’ approval in General Meeting;

6)      Filing Application for conversion in e-form 18 with following attachments;

•        Statement of consent of all shareholders;

•        List of Shareholders with PAN and Address;

•        Statement of Assets and Liabilities of the company duly certified as true and correct by the auditor;  

•        List of all the secured creditors along with their consent;

•        Copy of acknowledgement of latest income tax return;

•        Approval from any other body/authority as may be required.

•        Particulars of pending proceedings from any court/Tribunal etc. , if any.

•        Rejection letter of Registrar of any earlier application for conversion, if any.

•        Particulars of convictions, rulings, orders, judgment of Courts in favor or against the private limited company which are subsisting.

7)      Filing of e-Form 2 –Incorporation documents

•         Affidavit from each partner;

•        Address Proof of LLP

•        Utility Bill with NOC

•        Subscriber Sheet including consent of Partners

•        Details of Company/LLPs in which Partners are Directors/Partners.

8)      Filing of e-Form 3 – LLP Agreement;

9)      Intimating ROC about conversion of PVT Ltd. Co. to LLP in e-form 14.

Cancellation of validity of Multiple IECs against single PAN

The para 2.9(b) of the Handbook of Procedure (HBP-Vol.I) (2009-2014) provides for only one IEC against a single PAN. However, DGFT has noticed from the centralised IEC data bank that multiple IECs have been obtained by some firms/companies from various Regional Authorities of DGFT against the single PAN. This requires corrective action for maintaining consistency with policy and data integrity. Therefore, in exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy (2009-2014), the Director General of Foreign Trade amended para 2.9(b) of HBP(Vol.I) (2009-14) as under:

“2.9.(b): Only one IEC shall be issued against a single PAN. Multiple IECs issued against a single PAN will be deactivated suo-moto after 31.03.2015.”

 Accordingly, all Importers/exporters having multiple IECs against a single PAN have the option of retaining any one IEC and surrender all other IECs to the concerned RAs by 31.03.2015 for cancellation.

Multiple IECs against a single PAN, if not surrendered before 31.3.2015, will be deactivated.

New Format for issue of e-IEC

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy (2009-2014), the Director General of Foreign Trade hereby introduced a new format forissuance of e-IEC as Appendix 18B-1 in the Handbook of Procedure Vol. I (Appendices and Aayat Niryat Forms), 2009-2014 and further notified that: 

i) The existing format, Appendix 18B, will continue to be in force for IEC numbers being issued in physical form, based on manual applications. 

ii) New IEC numbers, based on online applications, will however be issued in electronic form as per the new format for e-IEC (Appendix 18B-1) as attached. 

The concerned Regional Authorities (RA) of DGFT, after receipt of online applications complete in all respects, would process the documents/details as in the IEC application and communicate the decision regarding grant or refusal of IEC, through system generated sms on the registered mobile number of the applicant. Simultaneously, the system will also generate and send the e-IEC to the applicant through email; or as the case may be generate a rejection letter, conveying the grounds for rejection through email. 

Definition of Small Company redefined

The Companies (Removal of Difficulties) Order, 2015

Ministry of Corporate of Affairs of India has clarified the much awaited provision of Small Company as defined in Clause (i) of section 2 (85) of the Companies Act ,2013  with the Removal of Difficulties Order, 2015 notified on 13th February, 2015. It redefined the meaning of Small Company by substituting the word "or” with the word "and” occurring at the end of the Clause (i) of section 2 (85) of the Companies Act ,2013.and now both conditions are simultaneously required to be complied with.

The previous definition of Small Company  categories a Company as Small Company, if it meets either of the conditions provided therein thereby making the second limit meaningless. Therefore situation was not clear as to whether the companies which, though, meet one of the criteria but exceed the monetary limit prescribed in second criteria are also getting classified as 'small companies'.

Now a company shall be treated as Small Company, if it fulfill both the following conditions:

1. The paid up share capital of the Company does not exceed Rs.50 Lacs, and 
2. The Turnover of the Company does not exceed Rs. 2 crores. 

Jaitley to launch single window G2B portal today OUR BUREAU Source Business Line

​NEW DELHI, FEBRUARY 19: 

 

In an effort towards ease of doing business, a single window portal will be in place for completing 11 processes of different Ministries and RBI. Finance Minister Arun Jaitley will launch the portal www.ebiz.gov.in today.

The services, available on the portal include those from Corporate Affairs Ministry (MCA), Reserve Bank of India (RBI), Department of Industrial Policy and Promotion (DIPP), Central Board of Direct Taxes (CBDT), Directorate General of Foreign Trade (DGFT) and Employees’ Provident Fund Organisation (EPFO).

Services from MCA include name availability, Director Identification Number (DIN), certificate of incorporation and commencement of business. Similarly, process such as foreign collaboration through general permission route from RBI, issue of explosive licences from DIPP, to know importer-exporter code (IEC) from DGFT, to get PAN and TAN from CBDT and to complete employer’s registration can be completed through the new portal.

(This article was published on February 19, 2015)​

GENERAL GUIDELINES FOR AGREEMENT

GUIDELINES FOR EXECUTION OF VARIOUS AGREEMENTS:

1)     The Agreement to be printed on Rs. 100 Non-Judicial Stamp paper.

2)     Each Page of the Agreement to be signed by the authorized person with rubber stamp of Company / firm.

DOCUMENTS REQUIRED:

a)   In case of Company:

• List of Directors with their name & complete residential address duly signed by any Director of the Company.
• Copy of Certificate of Incorporation / Registration duly attested by any Director of the Company.
• Copy of Board Resolution / Power of Attorney in favour of authorized person to sign the agreement duly attested by any Director of the Company.

b) In case of Sole Proprietorship Firm: 

• Copy of any Govt. Registration certificate showing the name and address of firm duly attested by Proprietor of the firm.
• Self-attested Identity and Address proof of the Proprietor.

c) In case of Partnership Firm:

• Copy of any Govt. Registration certificate showing the name and address of firm (It can be registered partnership deed) duly attested by any one partner.
• List of partners with their name and complete residential address duly attested by any one partner.
• Letter of Authority / Power of Attorney in favour of authorized person to sign the agreement (It must be signed by all partners of the firm)