List of documents required for GST registration

by

GST registration and list of documents required for GST registration

What is GST Registration?

Goods and Service Tax

The process of registration of business under GST is called GST registration. Except certain businesses who are mandatorily required to register under GST, the registration of business under GST is required only if the turnover of such business exceeds the prescribed threshold limit.

How to obtain GST registration?

To obtain GST registration Go to official GST website i.e. https://www.gst.gov.in/, and select Services Tab > Registration > New Registration and fill the required details.

Fee for GST registration: there is no government fee is charged for GST registration but professionals may charge their fees between Rs. 3000/- to Rs. 6000/-.

 

Documents required for registration under GST:-

Type of business List of documents required
1.     Company Company related            Director  related
1.     PAN card of the company;

2.     Certificate of Incorporation of the company;

3.     Memorandum of Association (MOA) and Articles of Association (AOA);

4.     Bank Statement,

5.     Declaration related to compliance with the provisions;

6.     Copy of Board resolution.

 1.     PAN card of the directors;

2.     ID proof of directors
2.     Limited Liability Partnerships LLP related Partner related
1.     PAN card of the LLP;

2.     Registration Certificate of the LLP;

3.     LLP Partnership agreement

4.     Bank Statement of the LLP;

5.     Declaration related to compliance with the provisions;

6.     Copy of Board resolution.

 1.     PAN card of the designated partners;

2.     ID proof of designated partners.
3.     Partnership Partnership Firm related Partner related
1.     PAN card of the Partnership;

2.     Partnership Deed;

3.     Bank Statement;

4.     Declaration related to compliance with the provisions.

 1.     PAN card of the designated partners;

2.     ID proof of designated partners
4.     Sole proprietorship

 

 Individual related
1.     PAN card and ID proof of the individual;

2.     Bank statement;

3.     Declaration related to compliance with the provisions.
5.     Other Documents Registered office related
1.     Copy of electricity bill or landline bill or water Bill

2.     No objection certificate of the owner

3.     Rent agreement (in case of rented premises)

 

What are MSME Enterprises?

by
MSME enterprises are Micro Small & Medium Enterprises engaged in manufacturing or service sector. These are classified on the basis of the amount of investment made in plant and machinery or in equipment as the case may be-
Classification
Manufacturing Sector
Service Sector
Investment in plant and machinery.
Investment in equipment.
Micro enterprises
Less than Rs 25 lakhs.
 less than Rs 10 lakhs.
Small enterprises
 Between Rs 25 lakhs and Rs 5 crores.
Between Rs 10 lakhs to Rs 2 crores.
Medium enterprises
Between Rs 5 lakhs and Rs 5 crores.
Between Rs 2 crores to Rs 5 crores.
MSME
MSME enterprises

Benefits of MSME registration-

–          Easy and cheap bank loan;
–          Availability of MAT credit;
–          Rebates in taxes;
–          Easy Credit.

Process of Registration of MSME

Initial Registration: it is provided on provisional basis for the first five years. It is issued before actual commencement of business; one can obtain loans or raise working capital on the basis of this certificate.
Permanent Registration: Issued after the commencement of operation of business and its validity is permanent means no time limit is prescribed regarding the validity of the certificate.
 Documents required in case of provisional registration:
–          Three passport size photographs of proprietors or partners or directors as the case may be;
–          Partnership deed in case of Partnership firm;
–          Memorandum of Association, Article of Association and certificate of incorporation in case of private company;
–          In case of rent property copy of NOC or Authorization letter from the landlord is required;
–          Bills of Machinery Purchased.
Note: Requirements of documents may differ from one State to another.

Steps for Permanent registration of MSME

  1. After commencement of business fill the online form available on website or fill offline form at the Zonal office or District Office of the Department;
  2. Documents and details required for registration are Aadhaar number, name of industry, address, bank account details etc.;
  3. Once the detail-filled and upload you will get a registration number.
No registration fee is charged in this process

 

Process of company registration in India

by

Process of Private Limited Company registration

Company Registration Process
Company Registration
Minimum two persons are required to form a private limited company and act as Directors of the same. A private limited company must have atleast 2 Directors; one of them should be an Indian Citizen and Indian Resident.
Two persons natural or artificial (here artificial means Company) are also required to become shareholder of a company.
 
 
Documents required to be submitted for the Registration of a Private Limited Company:
S.No.
Purpose
Documents Required
1
ID proofs of directors
PAN for Indian Citizens, Passport Foreign Citizens.
2
Proof of address and residence of directors
For Indian Citizens: Passport / Drivers License / Election ID / Ration Card /Utility Bill not older than 2 months
For Foreigners: Passport / Drivers License Bank Statement / Residence proof
3
Address/Ownership proof for registered office
Electricity bill/Authorization Letter from Land lord.
4
Declaration by first subscriber(s) and director(s) they are not being convicted of any offence, and they are not guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any other erstwhile law in force during the preceding five years.
INC-9 is required

Process of company registration in India :-

1-      RUN Name Approval
First of all apply for the name approval of the proposed company on the portal of Ministry of Corporate Affairs (MCA) in RUN service.
2-      Apply for Digital Signature
Apply for Digital Signature as it is required to sign the SPICe Form and also other forms by directors.
3-      Submission of Application for the Incorporation of the company 
Application for incorporation can be submitted in SPICe Form along with the Memorandum and Article of Association of the company with the MCA.
4-      Issue of Certificate of Incorporation
After examining the incorporation application the RoC shall issue Certificate of Incorporation along with PAN and TAN of the company.

 

Difference between Ordinary and Special Resolution.

by
Points of differences
Ordinary Resolution
Special Resolution
1.Notice of meeting
Required
Required (usually 21 days notice is required in order to pass a special resolution, unless consent of 90% of the members of the company are obtained for shorter notice period)
2.Votes required to pass resolution
Votes of 51% of the voting members are required.
Votes of 3/4th of members are required to pass special resolutions.
3.Nature of Business
Routine business which are of lesser importance
Deals with Special businesses
4.Intention
Not required
Intention to propose the resolution as a special resolution should be specified in the notice calling the meeting.

 

Note : As per Secretarial Standard 2: ”Special Business” means business other than the Ordinary Business to be transacted at an Annual General Meeting and all business to be transacted at any other General Meeting.

What Is an Annual General Meeting (AGM)?

by
An annual general meeting (AGM) is a yearly meeting of shareholders of a company to discuss the performance and also to set agendas of the company on the basis of director’s report presented by the directors of the company containing information about the company’s performance.
Basically routine businesses of an AGM are:
1.       Review of reports and accounts;
2.       Election of directors;
3.       Declaration of the final dividend etc.
Every company other than a One Person Company shall hold a general meeting as its annual general meeting every year and note that there should not be interval of more than fifteen months between the dates of two annual general meeting of a

company and the first annual general meeting of the company should be held within nine months from the date of closing of its first financial year and in any other case it should be held within six months from the date of closing of its financial year, provided that the Registrar may extend the time limit for holding the annual general meeting other than first meeting by period not exceeding three months.

It is not required for the company to hold its annual general meeting in the year of its incorporation if the above conditions are fulfilled.
AGM of listed companies should be held during business hours that is, between 9 a.m. and 6 p.m. on any day other than a National Holiday at any place in the city where registered office of the company is situated.
Note:  An unlisted company may call its AGM at any place in India if advanced consent is obtained in writing or by electronic mode by all the members.

What is Annual Return Under Section 92 of Companies Act 2013?

by
(A) Every company is required to  prepare a return called annual return in the prescribed form depicting the particulars of its previous financial year regarding—
(1) registered office, principal business activities, particulars of its holding, subsidiary and associate companies;
(2) shares, debentures and other securities and shareholding pattern;
(3) members and debenture-holders along with changes therein since the close of the previous financial year;
(4) promoters, directors, key managerial personnel along with changes therein since the close of the previous financial year;
(5) meetings of members or a class thereof, Board and its various committees along with attendance details;
(6) remuneration of directors and key managerial personnel;
(7) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment;
(8) matters relating to certification of compliance, disclosures as may be prescribed;
(9) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors  [Omitted]; and
(10) such other matters as may be prescribed,
and such return need to be signed by a director and the company secretary of the company, or where there is no company secretary, by a company secretary in practice:
Note: The annual return of One Person Company and small company should be signed by the company secretary, or in case of no company secretary, by the director of such company.
(B) Certification by a practicing company secretary is required regarding the compliance with the provisions of Act and correctness of the facts disclosed in return of listed company or a company having prescribed paid-up capital and turnover;
 (C) Publication of annual return on the website of the company, if any, and Board’s report should contain web-link of such annual return;
(D) A copy of the annual return need to be filed by the company with the registrar of companies, within sixty days from the date of annual general meeting of the company or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the reasons for not holding the annual general meeting

Foreign Direct Investment (FDI)

by

Definition of FDI

Investment made by person of one country in to another country for the purpose of business. In other words FDI means taking control in ownership of a business in a country by an entity based in another country.
It may in the form of mergers and acquisitions, joint venture, transfer of technology, ploughing back of profit earned from foreign operations.

Types of FDI

1.       Horizontal FDI: When an entity of one country open the same value chain stage business in another country through FDI.
2.       Platform FDI: Foreign direct investment from first country into a second country for the purpose of exporting to a third country.
3.       Vertical FDI: When an entity of one country established the business at different stage of production in another country through FDI.

Routes

There are two routes of FDI in India

1.     Automatic route: In this route FDI is allowed and no prior approval of Government or Reserve Bank of India is required.
2.     Government route: Under this route prior approval by Government is necessary. Foreign Investment Facilitation Portal is a single window for clearance of FDI application.
 
      According to Annual Report of Reserve Bank of India (RBI)
Date : Aug 29, 2018
Foreign Direct Investment Flows to India: Country-wise and Industry-wise
(US$ million)
Source/ Industry 2013-14 2014-15 2015-16 2016-17 2017-18 P
1 2 3 4 5 6
Total FDI 16,054 24,748 36,068 36,317 37,366
Country-Wise Inflows
Mauritius 3,695 5,878 7,452 13,383 13,415
Singapore 4,415 5,137 12,479 6,529 9,273
Netherlands 1,157 2,154 2,330 3,234 2,677
USA 617 1,981 4,124 2,138 1,973
Japan 1,795 2,019 1,818 4,237 1,313
Cayman Islands 25 72 440 49 1,140
Germany 650 942 927 845 1,095
Hong Kong 85 325 344 134 1,044
United Kingdom 111 1,891 842 1,301 716
Switzerland 356 292 195 502 506
UAE 239 327 961 645 408
France 229 347 392 487 403
China 121 505 461 198 350
Italy 185 167 279 364 308
South Korea 189 138 241 466 293
Cyprus 546 737 488 282 290
Canada 11 153 52 32 274
Others 1,626 1,682 2,243 1,490 1,889
Sector-wise Inflows
Communication Services 1,256 1,075 2,638 5,876 8,809
Manufacturing 6,381 9,613 8,439 11,972 7,066
Retail & Wholesale Trade 1,139 2,551 3,998 2,771 4,478
Financial Services 1,026 3,075 3,547 3,732 4,070
Computer Services 934 2,154 4,319 1,937 3,173
Business services 521 680 3,031 2,684 3,005
Electricity and other energy Generation, Distribution & Transmission 1,284 1,284 1,364 1,722 1,870
Construction 1,276 1,640 4,141 1,564 1,281
Transport 311 482 1,363 891 1,267
Miscellaneous Services 941 586 1,022 1,816 835
Restaurants and Hotels 361 686 889 430 452
Real Estate Activities 201 202 112 105 405
Education, Research & Development 107 131 394 205 347
Mining 24 129 596 141 82
Trading 0 228 0 0 0
Others 293 232 215 470 226
P: Provisional.
Note: Includes FDI through SIA/FIPB and RBI routes only.
Source: RBI.

 

Forms of Business Organizations

by
It is owned and run by one person and has no separate legal identity means owner is personally liable for its liabilities.
Suitable for:
Ø  Small Business
Ø  Low Budget
Ø  Unorganized Business
2.Partnership
Owned by minimum two persons who agreed to contribute resources in to the firm and share profits among themselves in agreed profit sharing ratio.
Indian Partnership Act, 1932 defines Partnership as “Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.”
Suitable for:
Ø  Low Startup budget
Ø  Lesser  legal Compliance
Ø  Small Business
Corporation
A Corporation is formed by two or more persons owned by persons known as shareholders, directed by group of person known as directors and exist as a separate legal entity distinct from its owners, means it enjoys generally all rights that individual hold.
Suitable for:
Ø  Mid-size or Large Business
Ø  Capital requirements
Ø  Long term objectives
Ø  Avoidance of personal liability
Limited Liability Company
LLP is a hybrid form of company and partnership that provide advantages of company and features of partnership. LLP is a separate legal entity it is capable of entering into contracts and holding property in its own name. Liability of partners is limited to their contribution in the LLP. Rights and duties of the partners within a LLP are governed by an agreement between the partners
Suitable for:
Ø  Small and medium scale Enterprises
Ø  Professional Firms
Ø  Venture Businesses
Ø  Family operated businesses
Ø  Information Technology Firm
5.      Cooperative
Cooperative form of business is agreed to be formed by group of individuals known as members for fulfillment of their collective objectives. Its primary motive is service to the members rather than making profits.
Suitable for:
Ø  Promotion of the interests of society
6.      One Person Company:
One Person Company is formed like any other private limited company. It has only one shareholder as its member. Appointment of nominee is required at the time of formation of OPC who would take charge in case of death or disability of the promoter.
Suitable for:
Ø  Small Business
Ø  Business at early stage
Ø  Small Budget
Comparison between forms of business organizations
Characteristics /Forms of Business
Sole Proprietorship
Partnership
Corporation
LLP
Cooperative
OPC
Distinct legal identity
No
No
Yes
Yes
Yes
Yes
Perpetual succession
No
No
Yes
Yes
Yes
No
Compulsory registration
No
No
Yes
Yes
Yes
Yes
Limited Liability of members
No
No
Yes
Yes
Only when the society makes it limited
Yes