corporate digest magazine august, 2017 by venture care
TRANSCRIPT
Venture Care
D i g e s t
August 2017 INR 150/-
- (Legal & Compliances) - (Finance)- (Special Story)
CONSEQUENCES FOR NOT COMPLYING
WITH ANNUAL FILING WITH THE
REGISTRAR OF COMPANIES
CHALLENGES AND THE WAYS OUT
FOR BUSINESS VALUATION MODELS
WHY STARTING A BUSINESS AS
PRIVATE LIMITED COMPANY
IS NOT A GOOD IDEA
MAGAZINETHE SMARTEST WAY TO STARTING
AN ONLINE BUSINESS IN INDIA
- (Strategy)
Strategy | | |Finance Digital Legal
www.venture-care.com
2www.Venture-Care.com/Magazine August 2017
IndexEditorial
Special Story
Index
WHY STARTING A BUSINESS AS PRIVATE LIMITED COMPANY
IS NOT A GOOD IDEA
3
4
Legal & Compliance
CONSEQUENCES FOR NOT COMPLYING WITH ANNUAL FILING WITH THE
REGISTRAR OF COMPANIES6
Indian Funding Update
INDIAN STARTUP FUNDING AND INVESTMENT CHART [JULY 2017] 23
Finance
CHALLENGES AND THE WAYS OUT FOR BUSINESS VALUATION MODELS 20
THE SMARTEST WAY TO STARTING AN ONLINE BUSINESS IN INDIA 278 STEP PROCESS FOR NEW PRODUCT DEVELOPMENT 29HOW TO SETUP A FOREIGN COMPANY BUSINESS IN INDIA 31
Index
Strategy
EMPLOYEE STOCK OPTIONS (ESOPS ) – BENEFICIAL TO EMPLOYER AS WELL
AS EMPLOYEE11
GUIDE ON FAST TRACK EXIT SCHEME- ALL YOU NEED TO KNOW 13PROFESSIONAL GUIDE ON APPOINTMENT OF FIRST AUDITOR 18
WHY SHOULD YOU DO THE FEASIBILITY ANALYSIS BEFORE KICKING-OFF
A BUSINESS IDEA
34
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Editorial
gentleman used to walk every day in a park. He saw that a beggar used tocome every day and sit in front of the gateof park keeping a bowl on a box.
Prashant Kumar
One day, the gentleman asked the beggarthat what is inside the box. The beggar didnot reply. The very next day the person askedthe same. The beggar, getting irritated,repl ied that he had found the boxsomewhere along the road side and he didnot have any idea that what was inside. Thegentleman suggested him to open the boxand check. The beggar said there must notbe anything inside. The person insisted. Thebeggar opened the box. There were gold anddiamond. Moral of this “we don't believe in our goldand diamond which are hidden within us”. Weneed to explore. Youth of India mustrecognize this fact.
Indian population also should know their potential and leave heard following mind set.
Jumping on the same boat may be good but innovation is required at every place.
Prashant KumarEditor
A
August 2017 edition of magazine is dedicated to legal aspects of business with somestrategic inputs.
Giving a legal structure to business is required. But which structure is best. You will
understand that what are the pros and cons of being private limited company. Many
companies especially start-up companies are sometimes careless in filing with ROC which
has severe repercussions. Company wants to reward their employees. The article discusses
that how it is beneficial for companies and employees both. The legal article contains that
how an unmanageable company can be closed without HC procedure. It a fast track exit
scheme. You will enjoy reading that who can become the first auditor of the company and
what is the procedure. Whenever there is transaction there is need for valuation. There are
many valuation models adopted by the valuer but each valuation model has some
challenges. The article discusses those challenges and the way out to overcome.
Happy Reading...
WHY STARTING A BUSINESS AS PRIVATE LIMITED COMPANYIS NOT A GOOD IDEAWHY STARTING A BUSINESS AS PRIVATE LIMITED COMPANY
IS NOT A GOOD IDEA
Private Limited Company is an ideal Business entity for a majority of medium and large sizedbusiness, as it offers advantages from Liability protection to easy transferability.
However operating... Private Limited Company is an ideal Business
entity for a majority of medium and large sized
business, as it offers advantages from Liability
protection to easy transferability. However operating
as Private Limited Company is not ideal for Micro
or small enterprises. Following are limitation
associated with Private Company which makes it
inappropriate for many businesses.
Here is the list –
Expensive Incorporation:
Private Company registration costs more than LLPor proprietorship. More documentation requiredfor incorporation of Private Company.
To incorporate a private limited company, aminimum of two shareholders are required. Aminimum of two shareholders and a maximumof up to 200 shareholders are allowed in aprivate limited company. The shareholderscould be natural persons or companies,including foreign companies. There is no suchlimit on a maximum number of shareholder/members in case of proprietorship concern.
Limit on Maximum number of Shareholders:
Minimum Capital Requirement:
To incorporate Private Limited Companyminimum Rs. 1 Lacs and for Limited Companyminimum Rs.5 Lac's capital is required. So it isnot suitable for small enterprises which are notcapable of investing more money to start thebusiness.
Special Story
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Special Story
Compliance Formalities: A private Company requires more compliancespost incorporation. All companies are required tohold Board Meeting, Annual General Meeting, getthe accounts audited, maintain statutorily. Inaddition to this, a Company would also have tomaintain compliance with tax and labor laws, whichare applicable irrespective of the type of businessentity
MCA & Stock Exchanges' Compliances & Penalty:
The company has to file Annual Return andAnnual Report (XBRL format wherever applicable)yearly with MCA. Listed Company has to doquarterly compliance with Stock exchanges withinstipulated time period. But if documents are notfiled within stipulated time then there shall be hugepenalty levied by ROC and Stock Exchanges.
Personal Liability.
The Company has unlimited liability. Members ofthe Company enjoy limited liability. However, infollowing cases personal liability of directors andmembers would also arise:
When in any act or contract the name of
Company has been misdescribed, those who have
actually done the act or made the contract shall
be personally liable for it.
When in course of winding up of a Company, any
business of the Company has been carried out to
defraud the creditors, persons who are knowingly
parties to such conduct shall be personally liable
for the debts of the Company
Division of ownership: A major disadvantage of the private limitedcompany is that it requires a minimum Twodirectors and shareholders. So any single personcannot start a private Limited company. Henceany major decision to be taken by a Companywould always require the consent of two persons.
Winding up of Company:
The procedure for winding up of a Company canbe complicated, time-consuming and costly whencompared to an unregistered partnership firm.Hence, it's important to register a Company onlywhen the promoters are serious about using theCompany to operate a business.
Conclusion:-
It is better to incorporate LLP / proprietorshipfor the small scale of Business, where there is noneed for more funds to run a business.
If you have any query please write in the comment box below
Start your business in a smart way with package �om Venture CareVC SmartStart
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CONSEQUENCES FOR NOT COMPLYING WITH ANNUAL FILING WITH THEREGISTRAR OF COMPANIESCONSEQUENCES FOR NOT COMPLYING WITH ANNUAL FILING WITH THE
REGISTRAR OF COMPANIES
In this guide we are going to touch the following topics: Introduction to Annual Filing Timelines for
Annual Filing Estimated Normal and Additional Government Fees for small Companies Consequences of...
Legal & Compliance
IN THIS GUIDE WE ARE GOING TO TOUCH THE FOLLOWING TOPICS:
Introduction to Annual Filing
Timelines for Annual Filing
Estimated Normal and Additional Government Fees for small Companies
Consequences of not complying with annual filing
When a company obtains the status of a Defaulting Company
Procedure to be adopted for getting the status of an active company and making the company
fully compliant
Benefits of converting a company into an active company
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Legal & Compliance
INTRODUCTION TO ANNUAL FILING:
Any Company incorporated in India whether it is asubsidiary of the foreign company, joint ventureentity and others under the Companies Act, all arerequired to file few forms in an electronic mode withthe concerned Registrar of Companies ( ).ROC
WHAT ARE THE E-FORMS FILED WITH ROC EVERYYEAR?: AOC – 4: PURPOSE :
To file with Registrar of Companies the followingdocuments:
Financials of the company – Balance Sheet, Profitand Loss account, Cash flow statement, it'srespective schedules
Auditor's Report – It is the view of StatutoryAuditor on the financial position of the companyand its affairs.
Accounting Policies – These are the accountingtreatment given by the company while preparingaccounts and financial statements
Notes to accounts – These are other financialdisclosures required to be given by companieswhich are not separately reflected in BalanceSheet and Profit and Loss account and it'sscheduled
MGT – 7: PURPOSE:
To disclose Registrar of Companies the followinginformation
List of Directors including executive andnon-executiveList of ShareholdersChange in Directors during the financial yearChange in Shareholding pattern during thefinancial yearDates of Meetings of Board, Committees andShareholders held during the yearTotal share capital Authorised, Issued,Subscribed, called up and Paid upTotal amount of Debentures, Deposits, Loans,secured or unsecured as on financial year enddate
ADT – 1 PURPOSE:
For Intimation of Appointment of StatutoryAuditor to ROC
Director's Report – It is the Director explainingcompany's affairs about various matters affectingshareholders interest along with replies toqualifications raised by the Statutory Auditor in itsReport
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Legal & Compliance
TIMELINES FOR ANNUAL FILING:
As per newly introduced provisions of Companies Act 2013, every company shall close its financialstyear on 31 March of each year (except some exceptions for first the financial year).
It is to be noted that all the timelines of Annual filing depend upon the end of financial year.
Sr. No. Name of Event Maximum time limitThe last date by which eventhas to be completed in anycase
Hold Annual GeneralMeeting
Within 6 Months of end offinancial year
th30 day of September everyyear
1
Filing of Form ADT 1 Within 15 days of AnnualGeneral Meeting
Within 15 days of AnnualGeneral Meeting
2
Filing of Form AOC 4 Within 30 days of AnnualGeneral Meeting
th29 day of October every year3
Filing of Form MGT 7 Within 60 days of AnnualGeneral Meeting
th29 day of November everyyear
4
ESTIMATED NORMAL AND ADDITIONAL GOVERNMENT FEES FOR SMALL COMPANIES:
The Normal Government fees perform applicable to companies depends upon its Authorized
The Additional filing fees depends upon two factors, namely, Normal filing fees and the time period
of delay in filing forms
Additional fee rules for period of delay All forms
Up to 30 days
More than 30 days and up to 60 days
More than 60 days and up to 90 days
More than 90 days and up to 180 days
More than 180 days
2 times of normal fees
4 times of normal fees
6 times of normal fees
10 times of normal fees
12 times of normal fees
The estimated government fees perform are given in details in the table below:
Sr.No
Authorized
capital
NORMALFiling Fees
(Amount in Rupees)MAXIMUM ADDITIONAL
Filing Fees (12 Times of
Normal Filing Fees)
(Amount in Rupees)
Total Filing Fees Perform
(Amount in Rupees) for
all annual filing forms
Total filing FEES PERYEAR if not filed withintimelines (Amount in
Rupees) (AOC – 4,MGT -7, ADT – 1)
Total filing FEES PER
YEAR if filed within
time (Amount in
Rupees) (AOC – 4,
MGT -7, ADT – 1)
1
2
3
4
5
Less than 1,00,000
1,00,000 to
4,99,999
5,00,000 to
24,99,999
25,00,000 to
99,99,999
1,00,00,000
or more
200
300
400
500
600
2400
3600
4800
6000
7200
2600
3900
5200
6500
7800
7800
11700
15600
19500
23600
600
900
1200
1500
1800
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Legal & Compliance
CONSEQUENCES OF NOT COMPLYING WITH ANNUAL FILING:
Description of Events Consequences of not complying with event
Holding Annual GeneralMeeting
Company and every officer of the company (including DIRECTOR)shall punishable with fine – Upto Rs. 1,00,000/- Penalty in
case of Continuing Default – Rs. 5000/- per day
Filing of Form MGT 7 1. Company shall be punishable with fine – Not less than Rs. 50,000/- which may extend to Rs. 5,00,000/- 2. Every officer (including Director) – – Fine: Not less than Rs. 50,000/- which may extend to Rs. 5,00,000/- OR – imprisonment for a term which may extend to six months OR – Both
Filing of Form AOC 4 All the directors – Fine: Not less than Rs. 50,000/- which mayextend to Rs. 5,00,000/- OR – imprisonment for a term which may
extend to One Year OR – Both
WHEN A COMPANY OBTAINS A STATUS OF A
DEFAULTING COMPANY:
Companies Act Does not define Defaulting Company.
However, if a company does not comply withannual filing for a period of 3 years or more, the Registrar of Companiesmay change its status to“Defaulting company” or “Defunct Company”.
CONSEQUENCES FOR COMPANY:
The company cannot file any e-form except Annu-al filing forms, forms for appointment of Director,Forms for Application to Registrar of companies, etc.
It means that company cannot execute any activi-ty such as a change in Name, Change in registeredoffice, Issue or allotment of shares, etc.
CONSEQUENCES FOR DIRECTOR:
Unable to sign e-form of any company:Many times situation arises while filing e-formby a company which is not a defaultingcompany, that a message pops-up that theDirector is not eligible to sign the e-form as thesigning director is also a director of defaultingcompany. In such a situation, such a director isrequired to complete annual filing of thatdefaulting company and then he becomeseligible to sign e-form of any other company.Disqualified to become a Director in any othercompany: If a company does not file itsfinancials (AOC – 4) or Annual Return (MGT – 7),every director of such company is disqualifiedto be a director in any other company.
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Legal & Compliance
CONSEQUENCES FOR PROFESSIONALS:
Company Secretaries and Chartered Accountants ofthis company cannot certify forms of any company.
Procedure to be adopted for getting the status ofan active company and making the company fullycompliant
Preparation of forms AOC 4, MGT 7 and ADT 1 ofthe company and uploading it on the website ofMCA.(For documents required and government feesfor filing the above forms details are given in theprevious slide)
Application to the to Registrar of Companieschange the status of the company to Active.
BENEFITS OF MAKING THE COMPANY ACTIVE:
BENEFITS WITH REFERENCE TO LEGAL
CONSEQUENCES:
Avoid legal consequences of penalty,imprisonment to Directors and other officers indefault (could not understand this sentence)
Directors of company becomes bee eligible to signe-forms of any other company and does notbecome disqualified to become director in any othercompany
It serves as a notice to public of any informationrequired to be given by the company under any act
It may serve as a proof or evidence in the courtof law
BENEFITS WITH REFERENCE TO OTHER THAN
LEGAL CONSEQUENCES:
Helpful in creating a good public image Whiledrafting Board's Report, Companies includesome additional information in it which mayinclude:
Companies include Management Discussionwhich serves as a medium of vital informationto the public. the company through this,communicates various future plans andrunning projects, future prospects, strengthsof the company, steps taken or to be takenby the company to overcome its weaknessesand various other information which createsa good image in mind of public, governmentand regulatory authorities.
Transparency: If a company follows all legalprovisions of the Act in an ethical manner, itmeans, it maintains transparency amongpublic and creates an image of the ethicalcompany in minds of public, regulatory andgovernment.
As these documents are filed with GovernmentAuthorities and certified by professionals, itseems to public documents can create moreconfidence t than any other document even ifit is circulated in public through any otherexpensive medium. Therefore it is a cheap wayto communicate information to the publicwhile gaining more confidence.
If you have any query or question pleasecomment in the comment box below or Contactus. We would love to help you.
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Legal & Compliance
EMPLOYEE STOCK OPTIONS (ESOPS )– BENEFICIAL TO EMPLOYER AS WELL
AS EMPLOYEEEmployee Stock Options (ESOPs)ESOPs (Employee Stock Option
Schemes) are programmes proposed with the basic interest of both,employers and employees. The company providing the scheme gives
the employees an...
Legal & Compliance
Employee Stock Options (ESOPs)ESOPs (Employee
Stock Option Schemes) are programmes proposed
with the basic interest of both, employers and
employees. The company providing the scheme
gives the employees an incentive in the form of
ownership interest, while the employer is able to
retain a high quality employee it would not
otherwise be able to afford. By providing stock
options, either at a particular rate fixed by the
company or through various schemes designed by
the board of directors, ESOPs are issued for mutual
benefits and are considered the most practical
means of motivating and retaining an employee.
ESOPs are issued in the form of direct stock,
bonuses or through profit-sharing plans, and only
the employer has the right to decide who can avail
of the options. However, ESOPs are just options,
which can be purchased at a certain price before a
certain date or not. There are certain norms and
rules set by the Company Rules Act, 2014 for
granting of ESOPs to employees.
Essential terms in ESOP While the broad definition of an ESOP may be
clear, its finer details can be pretty hard to
understand. Let's go through them, one by one, to
understand them better. Grant: This is the process
through which the employee is offered the share.
Grant price and grant date are the price at which
the shares are offered and the date on which it is
made available. Before granting the shares, the
company gives an option to the employee to either
purchase it or leave the option. Vesting period: The
specific time the employee must wait to exercise the
ESOP options is the vesting period. The employees
can wait until the vesting period to convey to the
employers their decision about buying the stocks
(ESOP) offered. Once the vesting period is over, and
if the employees decide to purchase the shares, they
need to remit the exact amount demanded for the
shares to purchase them.
Benefits of ESOP plans
Although employeeOwner's perspective:retention, motivation and awarding hard workare all the benefits that comes out of ESOP foran employer, there are various other notableadvantages too, especially for startups. WithE S O P op t i o n s , o n e ca n avo i d ca s hcompensations as a reward, thereby saving onthe immediate outflow of cash. For startupsespecially, when they are on the verge ofexpanding, or beginning their operations on alarger scale, awarding employees in the formof stock options will work out to be a feasiblemethod than cash rewards. ESOPs are givenas a motivation to the employees. Since theemployees will be benefitted in turn, when theshare prices increase, it will be an incentiveenough for the workers to put in their 100%.Similarly, ESOPs can also help you attract thebest talent in the market. Employees have theEmployee's perspective:benefit of acquiring shares at a nominal rate,and also selling it (after a suitable tenure setby the employees) and gaining the profit. If,for instance, the share prices shoot up, as it isbound to happen when a company grows overthe years, a good deal of profit is gained byselling the shares. Certain companies setESOPs as a separate entity other than thesalary options, and hence, it adds on to thebenefits you receive as an employer. ESOPs area part of an employee's salary, and hence, aretaxable income, exercised as per the rules.Hence, ESOPs are both beneficial options to anemployer as well as an employee. However, itis crucial to understand the terms andconditions pertaining to ESOPs and also tounderstand that granting ESOP itself does notsignify enormous cash benefits. The share priceon the say you sell them (after a cliff period)and also any other conditions, all needs to bechecked before exercising the option or as foremployers, before providing them to theworkers.
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Legal & Compliance
GUIDE ON FAST TRACK EXIT SCHEME-ALL YOU NEED TO KNOWGUIDE ON FAST TRACK EXIT SCHEME-ALL YOU NEED TO KNOW
In this guide, we are going to touch the following topics- Introduction for Fast Track Exit SchemeWho shall opt for Fast Track Exit Scheme Consequences of not opting...
In this guide, we are going to touch the followingtopics-
Introduction for Fast Track Exit Scheme
Who shall opt for Fast Track Exit Scheme
Consequences of not opting for FAST TRACK EXIT
SCHEME
Which company is ineligible for filing under Fast
Track Exit Scheme
Which Company is eligible for filing under Fast
Track Exit Scheme
Procedure to be FOLLOWED FOR FAST TRACK EXIT
SCHEME
INTRODUCTION OF FAST TRACK EXIT SCHEME:
It is a fast process to close a without company
adopting a lengthy procedure for company
closure by passing a special resolution,
applying to high court, appointment of
liquidator and so on which may take not
less than six months and also it is a very
expensive process which is not affordable to
small companies and sick companies. The
Ministry has issued Guidelines for Fast Track
Exit Mode to give the opportunity to the
defunct companies to get their names struck
off from the register under section 560 of the
Companies Act, 1956.
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Legal & Compliance
As no separate procedure is given by newly
introduced Companies Act, 2013 and the circular
issued in the year 2011 under Companies Act, 1956
is still in force for the closure of the company.
THE MOST IMPORTANT BENEFITS OF FAST TRACK
EXIT SCHEME ARE AS BELOW:
The inoperative Companies which are not
generating any revenue nor complying with its
annual filing, have got a new option to close
company without paying huge additional fees.
It is a short process in which company can be
closed without huge documentation.
It is a time-saving
WHO SHALL OPT FOR FAST TRACK EXIT SCHEME:
The small companies which are
Inoperative
Not complying with any annual or other filings
with Registrar of Companies
Operating in loss and lost hope of making profit
The company does not have any object or
continue with it
Shall apply to Registrar of Companies for theclosure of the company.
CONSEQUENCES OF NOT OPTING FOR FAST
TRACK EXIT SCHEME:
The above type of companies (given in thelast slide) which does not choose Fast TrackExit Scheme, could suffer followingconsequences:
There is a very strong possibility that, for thecompanies which are inoperative and notcar ry ing on any mandatory annualcompliances under Companies Act, 2013,could receive notice from Registrar ofCompanies, under which jurisdiction theRegistered office of the company falls, for notcomplying with annual filing.
In such a situation, Directors of the company
shall have to appear before the court and
explain the reason for non-filing of documents
with Registrar of companies. After that, the
company will have to complete their annual
filing and other compliances and present a
proof of such filing to the court. On non-
complying with the directions of the court,
directors may have to suffer huge penalties,
imprisonment, etc.
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Legal & Compliance
PROCEDURE TO BE FOLLOWED FOR FAST TRACK EXIT
SCHEME:
The Company shall file an application in prescribedform FTE online with the Registrar of with fees ofRs. 5000/-
ATTACHMENTS:
In affidavit which should be sworn by each of the
existing director(s) of the company before a First
Class Judicial Magistrate or Executive Magistrate
or Oath Commissioner or Notary, to the effect
that the company has not carried on any business
since incorporation or that the company did some
business for a period up to a date (which should
be specified) and then discontinued its operations,
as the case may be;
Indemnity Bond, duly notarized to be given by
every director individually or collectively, to the
effect that any losses, claim and liabilities on the
company, will be met in full by every director
individually or collectively, even after the name
of the company is struck off the Register of
Companies;
Statement of Account duly certified by CA in
practice or auditor of the company.
Board resolution showing authorization for filing
the form.
In case, the application in Form FTE, is not being
digitally signed by any of the director or Manager
or Secretary, a physical copy of the Form duly
filled in, shall be signed manually by a director
authorized by the Board of Directors of the
company and shall be attached with the
application Form at the time of its filing
electronically;
In case, the applicant name is not available in
the database of directors maintained by the
Ministry, the application shall be accompanied
by certificate from a Chartered Accountant in
whole time practice or Company Secretary in
whole time practice or Cost Accountant in
whole time practice along with their membership
number, certifying that the applicants are the
present directors of the company. In such cases,
the applicants shall not be asked to file Form-
32 and Form DIN-3.
The company shall disclose pending litigations
if any, involving the company while applying
under FTE.
If the pending prosecutions are only for
non-filing of Annual Returns and Balance
Sheet such application may be accepted
provided the applicants have already filed the
compounding application. However, steps for
final strike of the name of the company will
be taken only after disposal of compounding
application by the competent authority.
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Legal & Compliance
WHICH COMPANY IS INELIGIBLE FOR FILING UNDER
FTE SCHEME:
Listed companies;
Companies that have been de-listed due to non-
compliance of Listing Agreement or any other
statutory Laws,
Companies registered under section 25 of the
Companies Act, 1956 or section 8 of Companies
Act, 2013
Vanishing companies;
Companies where inspection or investigation is
pending or any proceedings are pending in the
court
Companies against which prosecution for a non-
compoundable offense is pending in court;
Companies accepted public deposits which are
either outstanding or the company is in default in
repayment of the same;
Company having secured loan;
Company having management dispute;
Company in respect of which filing of documents
have been stayed by court or Company Law
Board (CLB) or Central Government or any other
competent authority;
The company having dues towards income tax or
sales tax or central excise or banks and financial
institutions or any other Central Government or
State Government Departments or Authorities or
any local authorities.
WHICH COMPANY IS ELIGIBLE TO APPLY UNDER
FAST TRACK EXIT SCHEME:
Company having NIL assets and liabilities
Company inoperative since the date of
Incorporation or 1 Year or more
The has closed down its bank account.
PROCEDURE TO BE ADOPTED BY REGISTRAR OF
COMPANIES IN THIS MATTER:
The Registrar of Companies, on receipt of the
application, shall examine the same and if
found in order, shall give a notice to the
company under section 560(3) of the
Companies Act, 1956 by email to its e-mail
address intimated in the Form, giving thirty
days time, stating that unless cause is shown
to the contrary, its name be struck off from
the Register and the company will be
dissolved;
The Registrar of companies shall put the
name of applicant(s) and date of making the
application(s) under fast track exit mode, on
d a i l y b a s i s , o n t h e M C A p o r t a l
http://www.mca.gov.in/, giving thirty days
time for raising an objection, if any, by the
stakeholders to the concerned Registrar;
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Legal & Compliance
In case of company(s) like Non-Banking Financial
Company(s), Collective Investment Management
Company(s) which are regulated by other
Regulator(s) namely RBI, SEBI, the Registrar of
Companies, at the end of every week, shall send
intimation of such companies availing fast track
exit mode during that period to the concerned
Regulator(s) and also an intimation in respect of
all companies availing fast track exit mode
during that period to the office of the Income Tax
Department giving thirty days time for their
objection, if any;
EXPLANATION:
“Non-Banking Financial Company” means a
company as defined in clause (f) of section 45-I
of the Reserve Bank of India Act, 1934
“Collective Investment Management ” means the
company as defined in clause (h) of
sub-regulation of 2 of Securities and Exchange
Board of India (Collective Investment Companies)
Regulations, 1999
The Registrar of Companies immediately afterpassing of time given in sub-part (a) to © ofthis Para and on being satisfied that the caseis otherwise in order, shall strike its name offthe Register and shall send a notice undersub-section (5) of section 560 of theCompanies Act, 1956 for publication in theOfficial Gazette and the applicant companyshall stand dissolved from the date ofpublication of the notice in the OfficialGazette
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box below or .We would love to
Contact us
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Legal & Compliance
PROFESSIONAL GUIDE ON
APPOINTMENT OF FIRST AUDITOR
PROFESSIONAL GUIDE ON
APPOINTMENT OF FIRST AUDITOR
INTRODUCTION Individual or audit firm can become the first auditor Tothe company according to the companies act 2013.No other person can be
appointed as an auditor of the...
INTRODUCTION
Individual or audit firm can become the firstauditor To the company according to thecompanies act 2013.No other person can beappointed as an auditor of the company. The firstauditor of the company should be a Charteredaccountant.
After annual general meeting within 30 days,a financial statement along with the auditor'sreport shall file with the register of companies.
Each tax filing needs a comprehensive report
from the auditor, in every financial year a private
limited company is required to submit its audit,
reports duly assessed and checked by an auditor
as well as the other requirements Sections 139 to
148 of the companies Act 2013 gives a complete
and detailed summary of the role of an auditor.
Chartered accountant firm's registration numbermust be there in the company's resolution for theappointment of the first auditor. Till theconclusion of the first annual general meeting, he first auditor shall hold office. The companyneeds to convey an extraordinary general meetingby issuing a notice to all the members in writing,in case board of directors failed to appoint thefirst auditor within 30 days of incorporation. Suchmembers within 90 days from the date of failureto appoint shall appoint the first auditor in theextraordinary general meeting.
18www.Venture-Care.com/Magazine August 2017
Legal & Compliance
APPOINTMENT OF FIRST AUDITOR
Within 30 days of Incorporation, the firstauditor of the company shall be appointed bythe Board. An EGM shall be called within 90days to appoint the first auditor In the case ofBoard's failure to appoint the first auditor asper Section 139(6). The 90 days time limitstarts from Incorporation of the companyrather than the expiry of 30 days(i.e. failureof Board) however, the law is silent regardingfrom when this time limit of 90 days bereckoned.
Tenure: – stTill conclusion of the 1 annual general
meeting. Remuneration: –Remuneration of the first
auditor can be decided by the Board As per
proviso to section 142(1) of company law.
stAppointment of 1 auditor require obtaining
written consent, certificate and filing of form
ADT-1.
Section 139(6) governed the appointment off i r s t a u d i t o r, n o n - o b s t a n t e c l a u s e[notwithstanding anything contained insub-section (1)] and it is sub-section (1) requireobtaining consent & certificate from auditor andfiling of form ADT-1 with ROC. Interpretation of “notwithstanding anythingcontained�.”: – the non-obstante clause is usedto avoid the operation and effect of all contraryprovisions as per Supreme Court view. Thus, theno-obstinate clause will prevail In case anydeparture between a non-obstante clause andother provisions. Since Section 139(6) does not speak anythingcontrary to Section 139(1) as far as obtaining ofconsent, certificate and filing of a form areconcerned. Thus, it can be interpreted thatADT-1 should be filed with ROC for first auditorappointment.
PROCEDURE
1. Convey the message to the proposed auditor as
regard to the intention of appointing him/it as
auditor whether he/ it is eligible and not
disqualified to be appointed as auditor of the
company.
2. Obtain consent & certificate from auditor.
3. Obtain recommendation of the audit committee
if it is required to be constituted.
4. Call Board meeting.
5. At the first board meeting approve the
appointment of auditor.
6. Intimate the auditor and file with ROC form
ADT-1(to be attached in form GNL-2 as per MCA
circular 09/2014 dated 25th April 2014) within
15 days.
STAPPOINTMENT OF AUDITOR AT 1 AGM
Every company shall appoint an individual or astfirm as an auditor of the company in its 1 annual
general meeting who shall hold office from theconclusion of that meeting, till the conclusion of itssixth annual general meeting as per Section 139(1)of the Act.
Tenure subject to ratification: – At every AGM the
tenure of 5 consecutive years is subject to
ratification by shareholders
Remuneration: – Remuneration of the auditor of a
company shall be fixed in its general meeting as
per section 142(1) of the Act or in such manner as
may be determined therein.
2www.Venture-Care.com/Magazine Augest 201719 www.Venture-Care.com/MagazineAugust 2017
Finance
CHALLENGES AND THE WAYS OUT FOR
BUSINESS VALUATION MODELS
Generally, there are four popular valuation models: Discounted Cash flow (DCF) model Relative
valuation model, and Asset base valuation model Earning Capitalization model
Let's start with DCF model. For...
Generally, there are four popular valuationmodels:
1. Discounted Cash flow (DCF) model
2. Relative valuation model, and
3. Asset base valuation model
4. Earning Capitalization model
Let's start with DCF model.
For raising equity or other finance from any othersources, valuer uses this model. Valuer heavily reliesupon the expected future cash flows as communicatedby the management. But the valuer should reduce thefuture expected cash flows because the managementmay be biased (it has to raise funds). These cash flowsare estimated for a certain time period, say 3-5 years.After that, these cash flows are discounted at a well-estimated discount rate. Cash flows may be FreeCashflow to Firm (FCFF) or Free Cash Flow to Equity(FCFE). Of course, this valuation model is used as agoing concern.
20www.Venture-Care.com/Magazine August 2017
Finance
Where are the loopholes?
Expected future cash flows are prone to
change due to various factors such as
competitors' strategy, technological changes,
brand dilution, change in management
strategy etc.
How to fix up the discount rate? It is also
subject to change over years. Also, there are
many factors which affect the discount rate
and these factors are unpredictable.
The way out....
Do sensitivity analysis by changing the cash
flows and the discount rate.
Value your business frequently whenever there
is the change in external or internal situations.
Now, let's have a look at relative valuation
model:
This model is used to value a business inrelation to similar business. Earnings and/orcash flows of the business undervaluation iscompared with those of the similar business andwith the help of the given price of the similarb u s i n e s s , t h e p r i c e o f t h e b u s i n e s sundervaluation is estimated.
The difficulty is that:
Whether the similar business operates in the
same products, markets
Whether the similar business uses the same
technology
Whether the similar business is as old as this
business
Whether price/value of the chosen similar
business is unbiased etc.
The way out....
It is better to choose the very close similar
business which operates in the same market and
has very similar product.
Choose more than one similar business and if
possible compare the business with the industry
average.
Adjust the price/value of the similar business
upward or downward
3rd comes Asset Valuation model Many people believe that this valuation cannotbe used for going concern businesses. Partially true.This model can be used for those businesses alsobut there must be significant productive assets. Itincludes R&D, IP, TM etc also.
The difficulty is that how the productive assets canbe valued and what is the expected life of thoseassets
The way out is that asset valuer should valuethose assets at expected market value and assetvalue and the expected life of the assets shouldundergo sensitivity analysis.
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Finance
The last popular model is Earning Capitalizationmodel: Under this method, Equity earning iscapitalized at a certain rate. This modelassumes that the present earning shall remainfixed forever.
The loopholes:This model does not consider growth in the
business.
The rate at which earning is capitalized is
prone to change
The way out:
Consider the average earnings for last 3-5 years.
Calculate the average growth in earnings for last
3-5 years and estimate it for next 1st future year
and then capitalize it.
Do sensitivity for earning, growth rate and the
discount rate. To conclude, no valuation model is full proof. Tovalue any business, valuation models in combinationshould be used
22www.Venture-Care.com/Magazine August 2017
Indian Funding Updates
Sr.
No.Date
(dd/mm/yyyy)
StartupName
Industry/Vertical
Sub-VerticalCity /
LocationInvestors'
NameInvestment
TypeAmount(in USD)
Reliance
Corporate
Advisory Services
Ltd
Seed Funding 1,000,000Peer to Peer Lending
platform
BangaloreConsumerInternet
Billion Loans01/07/20171
Infuse Ventures,
JLL
Private Equity 2,600,000Energy management
solutions provider
AhmedabadTechnologyEcolibriumenergy03/07/20172
Asset Management(Asia) Ltd, Digital
Garage Inc
Private Equity 20,000,000Online marketplace for
automobiles
GurgaoneCommerceDroom04/07/20173
Kalaari Capital,Nexus India
Capital Advisors
Private Equity 8,500,000online marketplace for
food and grocery
BangaloreeCommerceJumbotail05/07/20174
International Finance
Corporation,
Rocketship, Accel
Partners, Jungle
Ventures, Shailesh
Rao, Venture Highway
Private Equity 12,000,000B2B marketplace for
Industrial products
NoidaeCommerceMoglix05/07/20175
BCCL Private Equity 1,000,000Hyperlocal home servicesprovider
MumbaiConsumerInternet
Timesaverz05/07/20176
N/A Seed Funding N/Aparenting blog and kids'
events discovery platform
GurgaonConsumerInternet
MyCity4Kids06/07/20177
Blume Ventures,
Contrarian Capital
India Partners,
Emergent Ventures
India, Pallav Nadhani,
Ashish Gupta, Sharad
Sharma, Sirion Labs
Seed Funding N/ACloud Solutions Provider BangaloreTechnologyMinjar06/07/20178
India Quotient,
Shunwei Capital
Seed Funding 1,000,000Digital Media Video
platform
BangaloreConsumerInternet
Clip App07/07/20179
Sreeram Iyer, SuvoSarkar, Anita
Gupta, LikemindVentures
Seed Funding N/AMF investment platform BangaloreConsumerInternet
Upwardly.in07/07/201710
Mitsui & Co. Private Equity 3,000,000Workshop Management
Software Platform
HyderabadTechnologyAutorox.co10/07/201711
Dunamis
Ventures Pte Ltd
Private Equity 2,250,000Salon & Spa Aggregation
& Discovery platform
PuneConsumerInternet
Fagobo11/07/201712
Venture Catalysts,
Sourav Ganguly,
Ankit Aditya, Moksh
Sports Ventures
Seed Funding 464,000Video Content Discovery
Platform
MumbaiConsumerInternet
Flickstree11/07/201713
Fireside Ventures,
Apurva Salarpuria,
Sidharth Pansari,
Sprout Capital
Seed Funding N/AOnline Interior Design
platform
BangaloreConsumerInternet
Design Cafe11/07/201714
SBI-FMO Fund,
essemer Venture
Partners,
Catamaran Ventures
Private Equity 18,500,000Digital payments solutions BangaloreTechnologyInnovity12/07/201715
24www.Venture-Care.com/Magazine August 2017
2www.Venture-Care.com/Magazine Augest 201725 www.Venture-Care.com/MagazineAugust 2017
Indian Funding Updates
Sr.
No.Date
(dd/mm/yyyy)
StartupName
Industry/Vertical
Sub-VerticalCity /
LocationInvestors'
NameInvestment
TypeAmount(in USD)
Corvus Ventures,
MAPE Advisory
Group
Private Equity N/ADoor Step Delivery
platform
HyderabadLogisticsVdeliver12/07/201716
500 Startups, Purvi
Capital, Rajan
Anandan, Abhishek
Gupta
Seed Funding N/AChatbot creation tool BangaloreTechnologyBott.mer12/07/201717
Indian Angel
Network
Seed Funding N/ANext Gen Mobility device
manufacturer
PuneTechnologyArcatron12/07/201718
Brigade Innovations
LLP, TV Mohandas
Pai, Suhail Rahman,
Bobby Reddy, M
George
Seed Funding 540,000Construction site operations
and analytics platform
BangaloreTechnologyQuickspec14/07/201719
Blacksoil Capital
Pvt. Ltd
Private Equity 1,700,000Designer consumer
products Marketplace
BangaloreeCommerceChumbak14/07/201720
Sequoia Capital,
Grey Orange,
Rajesh Ramaiah,
Anshuman Das,
Rishi Das
Seed Funding 2,000,000Sales Solutions for
Fashion Brands
BangaloreTechnology17/07/201721 Increff
IDG Ventures
India Advisors,
Jungle Ventures
Private Equity 4,000,000Enterprise Banking
Solutions
PuneTechnology17/07/201722 Vayana
One97
Communication
Ltd
Private Equity N/AMobile Services &
Solutions
NoidaTechnology18/07/201723 Mobiquest
Uber Technologies
Inc, Amaya Capital
LLP
Seed Funding N/AAmbulance
Aggregation Services
HyderabadConsumer
Internet
18/07/201724 Ambee
Xelpmoc Seed Funding N/AOnline Insurance
platform
KolkataConsumer
Internet
18/07/201725 IdealInsurance
Kae Capital Seed Funding N/AMobile games creator BangaloreTechnology18/07/201726 HypernovaInteractive
ain Capital
Ventures, Renaud
Laplanche
Private Equity 10,000,000Consumer Leasing
Platform
BangaloreConsumer
Internet
19/07/201727 Rentomojo
Francesco Cara Seed Funding N/AAI powered recruitment
platform
BangaloreConsumer
Internet
19/07/201728 AirCTO
ABI-Showatech
(India) Ltd
Seed Funding 600,000Gamified Learning App BangaloreTechnology19/07/201729 Playablo
Kae Capital,
M&S Partners,
Seed Funding 700,000Online payments
platform
GurgaonTechnology20/07/201730 Trupay
Subramani
Somasundaram,
Sundeep Sahni,
Mayank Mittal &
Others
Seed Funding 200,000Online Marketplace for
Construction Material
GurgaoneCommerce20/07/201731 Brick2wall
Indian Funding Updates
Sr.
No.Date
(dd/mm/yyyy)
StartupName
Industry/Vertical
Sub-VerticalCity /
LocationInvestors'
NameInvestment
TypeAmount(in USD)
Harmeet Bajaj,
Pameela P,
Fusiontech
Ventures & Others
Seed Funding N/AWomen Work wear
etailer
New DelhieCommerceFablestreet21/07/201732
Sunil Kalra,
Aditya Singh,
Rishi Srivastava,
Rajan Anandan
Seed Funding N/AMachine Learning
Access platform
New DelhiTechnologyMonsoonFintech
21/07/201733
Blume Ventures,
NB Ventures,
Nspira
Seed Funding N/AHealthy Food Delivery
Platform
BangaloreConsumer
InternetMonkey Box21/07/201734
Stellaris Venture
Partners
Private Equity 1,200,000Mobile-first Enterprise
communication
platform
BangaloreConsumer
InternetNoticeboard25/07/201735
Tencent Holdings Private Equity 35,000,000Mobile Learning App BangaloreConsumer
InternetByju’s25/07/201736
Yuvraj Singh Seed Funding N/ACo-Working Space
Provider
New DelhiOthersCreator’sGurukul
26/07/201737
Goldman Sachs Private Equity 25,000,000Budget hotels brand &
Aggregator Platform
New DelhiConsumer
Internet
Fab Hotels26/07/201738
Indian Angel
Network, Anand
Mahindra
Seed Funding 200,000Assisted Learning
Startup
BangaloreConsumer
Internet
ThinkerBell26/07/201739
Source- www.track.in
26www.Venture-Care.com/Magazine August 2017
HBM HealthcareInvestments, Maverick
Capital Ventures,Sequoia India,
Omidyar Networkand Kae Capital
Private Equity 15,000,000Online Pharmacy GurgaoneCommerce1mg27/07/201740
Amen Dhyllon Seed Funding N/AApp-based Aggregator of
Offline Businesses
MumbaiConsumer
Internet
Jhakaas28/07/201741
Info Edge (India)
Ltd
Seed Funding 1,250,000Beauty Services
Marketplace
MumbaiConsumer
Internet
BigStylist28/07/201742
RoundGlass
Partners
Seed Funding N/Aonline marketplace
for discovering fitness
centres
BangaloreConsumer
Internet
Gympic.com28/07/201743
Strategy
THE SMARTEST WAY TO STARTINGAN ONLINE BUSINESS IN INDIA
THE SMARTEST WAY TO STARTINGAN ONLINE BUSINESS IN INDIA
Don't try and build a business until you read this – Just imagine what
it would be like to build an attractive business that avoided all of the...
Don't try and build a business until you readthis-
Just imagine what it would be like to build anattractive business that avoided all of the risksthat cause 90% of new businesses to fail. What would it be like to avoid all the
frustrations, disappointment, and public
humiliation of trying to build a business around
an idea that was highly valued in your mind but
no one else would pay for it?
Note 1: Economics always teaches us to match a
supply with the demand.
Good businesses fill a need in theNote 2:
marketplace.
Great businesses solve painful problemsNote 3:
in the marketplace. Most entrepreneurs fail to find the real demand
before they start and many of them think that
they create the demand which rarely works.
2www.Venture-Care.com/Magazine Augest 201727 www.Venture-Care.com/MagazineAugust 2017
Strategy
Do you know how hard it is to try and convince
someone they want or need something when in
reality, they don't? Even if it's “cool”? This is where
many businesses fail.
They fail to provide a product that their market
REALLY REALLY WANTS and NEEDS!
So this question may arise for you: “How do I
know what my customers really really want?”
Follow these 6 phases to starting a businessthsuccessfully? At the 6 phase your business will
be a super hit, here are the phases�
1. Tune Your Mind set
Find BIG opportunities to start profitable
companies from scratch
2. Idea Extraction
Find & Select Profitable Ideas� Even When
You Have Nothing
3. Sketch The Solution In front Of Your
Potential Customers
Show your solution up front to build trust and
rapport with customers.
4. Pre-Selling
Get your customers to fund the development
of your software so you have ZERO RISK.
Do you want an insider's lesson? Follow the6 part process above and train your mind tosee opportunity and you will find iteverywhere.
And then...
Take action.
Take action.
Take action.
Keep going and don't stop until you win.
“Nothing in this world can take the place of
persistence. Talent will not. Nothing is more
common than unsuccessful men with talent.
Genius will not. Unrewarded genius is almost a
proverb. Education will not. The world is full of
educated derelicts. Persistence and determination
alone are omnipotent.”
— Calvin Coolidge
5. Build and Develop the Product
Out source the development of your software
with the Pre-Sales money to A+ developers
so you can live the lifestyle you desire.
6. SCALE!
Release And Launch to 1000/month and then
go beyond!
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Strategy
8 STEP PROCESS FORNEW PRODUCT DEVELOPMENT
8 STEP PROCESS FORNEW PRODUCT DEVELOPMENT
Have you ever thought about how a few organizations figure out how to market whole productofferings effortlessly while others still struggle to trump up the interest? Building up...
Have you ever thought about how a feworganizations figure out how to market wholeproduct offerings effortlessly while others stillstruggle to trump up the interest? Building up anew product shouldn't feel like you're battlingwith the dark forces. There are some easier waystoo. For that you need to build up a clear roadmap which will become an organized guide toyour business a clear path to follow. Newproduct development process includes thecomplete journey from generating the concept tolaunch the product into market. When you willset the means and tail it up to check, productdevelopment will turn into a more engaged andadaptable approach that can be adjusted forevery single diverse kind of items andadministrations. Process flow is covered infollowing 8 Steps:
Idea Generation New product Developmentprocess starts with the Generating Idea or theConcept. According to experts, Coming up withfresh ideas has often been considered as one ofthe hardest phase of this whole process. In thebeginning all ideas are good ideas up to certainextent, so it can come from many differentdirections. This is because experts often go forextensive research of industry and market trendsbefore heading towards the next level.
1.
2. Screening of Ideas Screening of ideas is a crucialstage in this process, as it needs to ensure thatunsuitable ideas should get rejected as soon aspossible. So how to differentiate between greatconcepts which will attract the buyers and ideaswhich will hamstring your campaign before iteven begins? So this is done by making sure theprofit potential of the product, checking thingslike expected customer class, size of the targetmarket, market growth.
Strategy
3. Developing and Testing of the Concept Nowyour idea has passed the screening test. Thisnext phase is the part where companies startworking on the concept. By surveying with thequestions like “How do we get this to work?”,“Did you understand the concept..??” we cancheck the whether consumer has got enough indepth information about it so he can visualizeit or not. Amid this stage, the association andthe advertising division will resolve points ofinterest like the advantages of the item,showcasing standards, generation costs, andexpected client reaction.
4. Business Analysis Once the concept has beentested and finalized, company decision-makerswill turn their attention to the numbers, byassessment of the profitability of the product.Because if the production cost is too high for apotentially lucrative idea, then its better not toaccount it. So the analysis includes detailing ofmarketing strategy, highlighting the targetmarket, product positioning and the marketingmix which will be useful. It also includesanalysis of product demand, costs of fullappraisal, competitor study and identificationof break-even point.
5. Product Development when a new productgets approval, it has sent to the technical andnew product development department. Theymake a prototype model to check exact design,dimensions & specifications and suitablemanufacturing processes. It also gives space forconsumer testing, their feedback on about theproducts look, feel and performance with theirquality tests.
6. Technical Aspects Whether you are selling atech product or simple toy, the technicalaspects of the product need to be cross-verifiedahead of time. This is the place things likespecialized aides, plans, leave procedures, andmonetary estimations are dealt with before theitem is formally launched in the market. Thisprocedure is required to approve the entire ideaand is utilized for further refinement of allcomponents.
Commercialization This is the phase where themarketing campaign and the sales funnelassociated with the product start workingtogether. At the point when the idea has beencreated and tried, ultimate conclusions shouldbe made to move the item to its dispatch intothe market. Valuing and promoting plans shouldbe concluded and the business groups andconveyance informed, so that the item andorganization is prepared for the last stage.
7.
Launching in the market. A detailed launch planis very much essential for this stage where it canrun smoothly and make a maximum impact. Thislaunch plan includes decisions regarding timeand place for launch to primary focusedcustomer class.
8.
At last we should be with a specific end goal tolearn from any errors made, a feedback of themarket performance of the product which isneeded to assess the product. New productdevelopment can be made much complex andcentered, with a higher probability of success, byfollowing these steps.
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Strategy
HOW TO SETUP AFOREIGN COMPANY IN INDIA
HOW TO SETUP AFOREIGN COMPANY IN INDIA
How to Setup a Foreign Company Business in India Due to economic revolution andglobalization, mostly companies in the world looking to expand their operations
throughout the Globe. In...
How to Setup a Foreign Company Business inIndia[/caption] Due to economic revolution andglobalization, mostly companies in the worldlooking to expand their operations throughoutthe Globe. In the recent past due to IndiaEconomy booms and Government also opendoors to foreign nations company to invest inIndia, many foreign companies comes forward tosetting up their business in India. Wholly ownedSubsidiary is one of the business formation wherea foreign entity can setup business in India. Thisblog helps in understanding about the Whollyowned subsidiary(WOS) Registration of foreigncompany in India
About WOS When an Entity which is incorporated outsideIndia (i.e Foreign Country), makes 100% ForeignDirect Investment (FDI) as per Indian FDI policy,the Indian company incorporated for this purposeis said to be wholly owned subsidiary of thatforeign entity. Under the current foreigninvestment policy, a wholly owned subsidiary canbe established either under the automatic route,if the conditions specified therein are compliedwith (specific high priority industries) or obtain anapproval from the FIPB. This is the easy and bestmethod for setup a foreign-based Company inIndia, where entire hold on the share capital ofan Indian company is held by Foreign BasedEntity.
Strategy
Key Feature of WOSWOS is regulated by Indian Companies Act,
2013
All types of Business Activities are permitted
such as manufacturing, marketing, services
activity etc subject to FDI Norms.
Treated as Domestic Indian Company and
Indian Taxation apply and eligible for all
exemptions and deduction as applies to
Domestic Companies.
Type of WOS
In India, there are two form of
company incorporated
Private Limited
Public Limited
Private Limited Company has followingcharacteristics:
shareholders' right to transfer shares is restricted
the number of shareholders is limited to 200; and
an invitation to the public to subscribe for any
shares or debentures is prohibited.
Minimum paid up capital is �1,00,000.
Minimum 2 Director and 2 shareholders, One will
be Indian Resident Director.
Public Limited Company has following
characteristics:
It must have at least seven shareholders.
Minimum paid up capital must be �5,00,000
It must publish a prospectus or file a statement in
lieu of a prospectus before it can start transacting
business.
A public company is required to have at least three
directors.
Documents required for Registratio
/setup of Wholly Owned Subsidiary
(WOS).1. 3 Passport Size photograph.
2. PAN CARD (Not mandatory in case of Foreign
Director).
3. Passport (Mandatory for Foreign Director, Must
be in English Language and duly apostile).
4. Address proof (Driving License, Voter ID,
Passport, Aadhar Card).
5. Any one of following (Bank Passbook, Credit
Card Statement, Telephone Bill, Electricity Bill).
6. Proof of Registered office in India-Electricity
Bill, Leased deed or Rent Agreement.
7. If the proposed director is in a foreign country
then all the documents must be duly apostile
by the home country & if a director is presently
in India then such apostile is not required.
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Strategy
Process required for registration/
setup of Wholly Owned Subsidiary
(WOS) in India.1. Obtaining (Director Identification Number) DIN
for all Directors.
2. Obtaining Digital Signature for all the directors.
3. Filling Application for Name Reservation for the
proposed Company.
4. Drafting Memorandum & Articles of Association.
5. Subscription to the Memorandum by the
shareholders and appropriate person.
6. Submission of all the documents to the
Concerned Registrar of Companies (ROC).
7. Receipt of Certificate of Incorporation from
the ROC.
8. Apply for PAN CARD and an opening of Bank
Account.
9. Submission of Documents for FDI Compliance
after Subscription of Share Capital.
Cost for Registering a Company in
India The cost for registering a business in India is
relatively inexpensive. Registration of a
company in India can also be completed within
a few weeks, making India an easy place to
start a business.
Post Incorporation Formalities Post registration of the company in India, the
Indian Director can help open a bank account
for the company in India. Once the bank
account is opened, the Company must make
FDI reporting to the Reserve Bank of India. The
procedure for reporting FDI inflow into the
company is simple and can be completed easily
by a legal or accounting professional in India.
Completing the FDI reporting would ensure that
the business is in compliance with all
regulations in India and ready to operate.
Strategy
WHY SHOULD YOU DO THE FEASIBILITYANALYSIS BEFORE KICKING-OFF
A BUSINESS IDEA
WHY SHOULD YOU DO THE FEASIBILITYANALYSIS BEFORE KICKING-OFF
A BUSINESS IDEA
As well said, “ you don't want to invest your money, your time and youreffort on a project or business idea, which seems possible to fail or...
As well said, “ you don't want to invest yourmoney, your time and your effort on a project orbusiness idea, which seems possible to fail or notto success”.
Let's look at Wikipedia definition: “A feasibilitystudy evaluates the project's potential for success;therefore, perceived objectivity is an importantfactor in the credibility of the study for potentialinvestors and lending institutions.”
What is a Feasibility Report? The is an analysis or study or feasibility reportnew business or product idea and covers thediscussions, analysis, and study of the differentaspects ( almost every aspect ) of the feasibilityof a START-UP businesses.
A visibility report focus on the various aspectsof the survivability of the start-up businesssuch as product feasibility, financial feasibility,Market feasibility, Plant/Machinery feasibility,Manpower feasibility, location feasibility etc
Know the feasibility of your new Business or Product Idea, Talk with the Expert
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Strategy
The three amazing benefits of having feasibilitystudy or analysis:
1.Specific .
Being focused and specific a feasibility study or
analysis starts with a single question — asking
whether the idea, event or action is a viable
solution — and force you to focus solely on that
question to the exclusion of everything else, drilling
down to explore possible outcomes.
A feasibility analysis is different than thebusiness plan. A feasibility study is an investigativetool that might cause you to discount an idea,whereas a business plan is a call to action.Generally, feasibility analysis is used as apredecessor to creating a business plan.
2.The Big Picture Feasibility study or analysis force you considerthe big picture first and then think of a top-downapproach. In this way, one or two general starterquestions lead to a host of additional, moredetailed questions that become increasinglynarrower in focus as you get closer to reaching anultimate answer. For example, asking whetheranyone will buy your new-and-improved productand whether it will generate a profit createsadditional questions that force you to considercustomer need and possible competition, and toidentify risks that you may face.
You must also describe the followings:- –Your product and its benefits, – Your target market, and – Cost along with break-even and profit points.
3.Alternative Solutions
Feasibility study or analysis offer you thechance to “get it right” before committing time,money and business resources to an idea thatmay not work in the way you originally planned,causing you to invest even more in correctingflaws, removing limitations, and then simply tryagain. Feasibility studies may also open youreyes to new possibilities, opportunities, andsolutions you might never have otherwiseconsidered. There are no right or wrong answersto the questions you ask, but an answer youdon't necessarily want or expect can create newprofit potential.
Here is how Venture Care Team analyze the
feasibility of a new business idea
The Usability and inclusion of a feasibilityreport: Feasibility studies do not dive into, in-depthlong-term financial projections. In basic terms,investor or start-up owner should have aforesight if he will make or lose money duringthis project. The investor decides to proceed ornot, considering the outcomes of the feasibilitystudy.
Accordingly, a successful feasibility studyshould do a basic break-even analysis to seehow much money would be necessary to meetthe operating expenses of the business idea.
36www.Venture-Care.com/Magazine August 2017
Strategy
So, there are two main elements to take intoconsideration:
1. Cost = Money + Time + Effort2. Value expected to be delivered by business idea
That being said, a feasibility study dives intofour major areas:
1. Market Analysis2. Organizational Setup3. Technical Issues4. Financial Analysis
As the first step of a feasibility study, the marketanalysis should be done in order to have an ideaabout supply & demand balance of your product orservice.
Market Analysis:Units to be Sold: How many units do you projectto sell each month?
What is the projected supplySupply Projection: in your area of the products or services neededfor your project?Identification of Target Market and TargetCustomer: What are your target market andtarget customer? How many are they, yourpotential customers?
What competition exists inCompetition Analysis: this market? Can you establish a market nichewhich will enable you to compete effectivelywith others providing this product or service?
Is the location of your proposedLocation:business or project likely to affect its success? Ifso, is the identified site the most appropriateone available?
Organizational Setup: As the next step to market analysis, rightorganizational structure and organizationalqualifications to manage the business should bedetermined. People to be on board, inmanagement and other positions should becarefully thought and assigned. In this step, inorder to illustrate your organizational structureon an org chart, as a quick and simple solution,use an.
Technical Issues: Depending on the nature of your business idea,technology and equipment may become one ofthe biggest cost element. So you need to decideon technology and equipment needed. On theother hand, you should consider the date whenyou will obtain those since they will directlyaffect your start-up timeline.
Financial Analysis:As a final step, you should analyze kefinancial parameters as following:
Variable Costs: These are the costs incurred instarting up a new business, including COGS Here you will define Opex and CapexFixed Costs:Logistics & InventorySales Projections and Target RealizationReporting: This is your monthly sales amountprojection.
You should define how much ofSales Channels: sales will be distributed on which channel andsell out prices for each channel
Considering competition, the mostPricing:appropriate price positioning for your product orservice should be determined.
This is forProfit and Loss Statement Report:finding the break even point for the proposedbusiness, considering the costs and revenuegenerated
As a conclusion, your feasibility study shouldgive a clear idea whether your business ideadeserves investment or not. If you want toease your feasibility study process, using
ready-to-use Feasibility Study Kit forStart-ups which include all above will be a
smart solution for you.
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let us help your organization stay compliant and avoid heavy penalties,
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Single package to make your company GET SET GOING
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More Ideas for Your BusinessMore Ideas for Your Business
It’s not how many ideas you have.It’s how many you make happen.It’s your idea or venturecare’s,We make it happen to Plan, Launch
Growand your business. See howat www.venture-care.com
WHAT WE DO
Since 2010, We are helping businesses and enterprises to Plan, start & Grow Businessand Close or Exit from a Business.
We at Venture Care generate ideas, sparkactions and quantify time-bound resultsby providing tailored, practical andaffordable solutions.
Venture-Care is dedicated to turning goodideas into measurable change and to guideyou to flourish your business aspirations.
Note
: Ven
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Ca
re is
a B
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S&F
Advi
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Pri
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About Venture Care:- Venture Care is India's 1st of its kind online Business Solution Company which
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WHAT WE DOSince 2010, Venture Care (a S&F Advisory Brand) is helping businesses and
enterprises to Plan a Business, start a business, run a business, Grow a
Business and Close or Exit from a Business.
We at Venture Care generate ideas, spark actions and quantify time-bound
results by providing tailored, practical and affordable solutions for the growth
of your company. Venture-Care is dedicated to turning good ideas into
measurable change
Our team of Chartered Accountants, Business planner, Technocrats,
Strategist, Marketers, Senior Bankers, Company Secretaries, Tax Experts and
other professionals enables us to help and guide you to flourish your
business aspirations.