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Overview on Shop & Establishment Registration

The Shop and Establishment Act Registration regulates the organized and unorganized sector in India and keeps a check on the working conditions at the place of work. It applies nationwide to Shop, commercial establishments, hotels, and eateries, restaurants, eating houses, theatres and other places of public amusement or entertainments houses. It governs and lists the rights of employees at the workplace and imposes certain obligations on every employer to comply towards its employees. The shop and establishment registration is a state act and the procedure may vary from state to state.

Documents Required for Company Registration

  • ID Proof:Self-attested copy of Voter id or Passport or Driving Licence
  • Pan Card Self-attested copy of "All members"
  • Any Address Proof: (Self Attested)
  1. Latest Bank Statement (Not older than two months)
  2. Latest Electricity Bill or Water Bill or Gas Bill.
  • Registered Office Address Proof:
  • a) If the premises are ownedby the Director or Shareholder or any of the related entity, then the following documents are must:
    1. Latest Electricity Bill in the name of Director or Shareholder or a related entity;
    2. NOC.
  • b) If the premises are taken on rent:
    1. Rent Agreement;
    2. Latest Electricity Bill in the name of the owner;
    3. NOC.
  • Scanned Passport size photograph of a Member;

Process of Company Registration

Digital Signatures (DSCs):

Since the registration process is online, hence there is the requirement for Digital signatures of all the Directors and Shareholders.We provide seven DSCs in our package of Public Company Registration.

 Name Application

Once the name is finalized, the application shall be made in Form SPICE-Part A. The form is a replacement of earlier Form RUN and provides the option to apply for two names
Prepare all requisite documents MOA, AOA, INC 9, INC 10, DIR 2 to be filed with the ROC. These must mention the main objective of incorporating a company.

 File the company incorporation with SPICE Form.

Obtain an incorporation certificate with the corporate identification number (CIN). It usually takes 7-10 days to form a company..

  Drafting of MOA and AOA:

The MOA is the constitution of the Company and defines various clauses mandatory to bring the company into existence such as Name clause, object clause, registered office clause, liability clause, subscription clause and capital clause.

  Grant of Certificate of Incorporation:

The Ministry, after being satisfied, that the documents and details submitted in the application are correct and gives a true and fair view of the intentions of the applicant, shall grant the Certificate of Incorporation (COI) along with PAN and TAN.

Post Registration Compliances

• Filing of INC 20 A:

Within 180 days of incorporation of the Company, a declaration, attested by the Director of the Company, shall be filed with ROC that each subscriber to the memorandum has consented to the share value taken by them.

• Appointment of Auditor:

Soon after the Public Limited comes to the existence, there shall be appointed before the first Annual General meeting of the Company, the statutory auditor who shall hold office till sixth AGM until and unless ratified or a resignation is served.

Annual Compliance for Nidhi
Company

E-Form Descriptions Due Date
Auditor’s certificate To the effect that the company has complied with all the requisite provisions Annexed to the Audit report yearly
Form AOC-4 Annual financial statements and other related documents Within 30 days of the annual general meeting
Form MGT-7 Annual return to be filed with MCA Within 60 days of the annual general meeting
Income Tax Return Income Tax Return Form 30th September of the following financial year

Other event basis Compliances:

Like change in directors, change in address, increase in capital, etc. shall be done as on date basis.

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