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Change Company Name

Change Company Name - Overview

In the process of operating a business, there may come a point when the name of your firm no longer reflects your vision or doesn’t appeal to your target market. As an alternative, you can feel the urge to change your brand and exclude any unfavorable associations. Whatever the motivation, renaming your business is a strategic decision that calls for serious thought and a lengthy legal procedure

 

 

At Fincto, we have created a seamless service to make the name change process easy and hassle-free. Most of the work is taken care of for you by our experience and effective procedures, enabling a seamless changeover to your new company name

Reasons for Change of Company Name

Businesses may opt to modify their company name for a number of convincing reasons:

Capitalizing on Product/Service Popularity

Renaming your firm to reflect a particular product or service that becomes very popular for your business can help you profit on its success

Memorable Business Name

For brand memory and drawing in potential customers, a catchy and enduring name is essential. Your market presence may improve if you switch to a catchier name

Repositioning in the Market

A name change can help a company reinvent its business and create a new identity when it's ready to enter a new market or target a different audience

Location-Friendly Name:

Expanding into new geographical areas might require a name change to adapt to local preferences and culture, promote acceptability

Avoiding Copyright Issues

If your company's current name is being challenged on copyright grounds, changing the name is a wise move to avoid any potential legal issues

Change of Ownership

With a new name can imply a shift in strategy and a new beginning for the business under new ownership

Does Changing a Company’s Name Affect Its Rights?

Changing the company’s name does not alter any existing rights or obligations of the company. The company’s prior name will not have any impact on any legal actions already started or ones it is now facing. However, after the new name has been officially registered with the Registrar of Companies (RoC), any new legal proceedings in the company’s former name will be invalid, and the company’s old name should be considered non-existent. Despite the name change, the company’s legal structure is unaltered

The Procedure for Company Name Change

At Fincto, we’ve streamlined the process of changing your company’s name into 5 simple steps:

Step 1: Passing a Board Resolution

Step 2: Checking Name Availability

Step 3: Passing Special Resolution

Step 4: Applying to the Registrar

Step 5: Issuance of the Certificate of Incorporation

Documents Required to Change Company Name

To change your company’s name, you’ll need to file Form MGT-14 with the RoC, accompanied by the following documents:

The Process of Company Name Approval

The approval of the company name is an essential stage in renaming your business. This procedure is requesting formal approval from the appropriate authorities, often a government body in charge of registering and overseeing businesses in a particular territory. The goal of name approval is to make sure the new company name is original and hasn’t been taken by another company. It must also adhere to all rules and regulations established by law in that region

The procedure for Private Limited Company Name Approval, for instance, will follow the same guidelines if you are operating as a Private Limited Company and want to make sure the new name complies with all legal requirements

According to Rule 27 of the Companies (Incorporation) Rules, 2014,

when changing the registered office address, it is crucial to file Form INC-22 along with the requisite fees. The following documents need to be submitted for verification:

The board must approve a director’s company relocation to their property, submit necessary paperwork, and submit Form INC-22 for the MCA to initiate the change.

Why Fincto for Business Name Change?

Choosing Fincto for changing your company name comes with several advantages:

Simple and Speedy Process

We've designed an efficient and straightforward process to make the name change seamless and time-saving for you

Name Availability Check

Our expert team will verify the availability of your proposed name before proceeding with the legal formalities

Drafting and Filing Assistance

We take care of drafting the necessary documents, filling out forms, and handling the entire filing process on your behalf

MoA and AoA Amendments

We make sure all required changes are made to your Memorandum of Association and Articles of Association

Top-Notch Support

Our dedicated support team is always ready to address your queries and provide assistance throughout the name change process

Process for Changing the Company Objectives

The process for changing the company objectives involves five key steps:

Step 1: Board Resolution

The company's name and objectives will be altered through a board meeting, with a director or secretary appointed to sign and certify the necessary documents.

Step 3: File Form MGT-14 with RoC

File Form MGT-14 with the RoC, along with the necessary documents, to process the changes.

Step 5: Incorporation of the MoA Object Clauses

After receiving the new incorporation certificate, update the object clause in all copies of the MoA.

Step 2: Special Resolution in EGM

The committee is planning to hold an Extraordinary General Meeting (EGM) to approve changes, ensuring all members are given proper notice and their responses are collected.

Step 4: Issuance of Fresh Certificate of Incorporation

If the Company Identification Number (CIN) changes due to a change in the industry code, the RoC will issue a new certificate of incorporation to the company.

Documents Required for Company Name Change

To change the company name, the following documents need to be filed:

Form MGT-14

with documents like notice of EGM, certified copy of the special resolution, and explanatory statement.

Form INC-24

with documents like minutes of the EGM, approval order from other authorities (if applicable), and altered MoA and AoA with the new name.

Liquidation Regulations and Relevant Acts

The process of liquidation is governed by several regulations and acts, including:

Companies Act, 2013

The act outlines the circumstances under which a company can be shut down, including special resolutions, acts against the country's sovereignty, court findings, failure to file yearly returns, and more.

Insolvency and Bankruptcy Code, 2016

This code deals with the voluntary liquidation of companies through special resolutions passed by board members.

Compliances for Changing Registered Office Within the Same State

For companies seeking to change their registered office address within same state, the process involves the following steps:

Passing Resolution

The Board of Directors is set to hold an Extraordinary General Meeting, where a special resolution will be passed to change the registered office address.

Application to Regional Director

To apply to the Regional Director, the company must publish a public notice, notify shareholders, creditors, and depositors within 21 days, and use Form INC-23.

Filings at the RoC

The Regional Director confirms a company's application within 30 days, which must be filed with the RoC within 60 days, and the RoC also issues confirmation for the change of office.

Closing a Company in India - Options and Procedures

Directors must submit KYC information to MCA if they meet recent updates.

Winding Up

The Ministry of Corporate Affairs offers the 'Strike Off' mechanism for inactive businesses, which can be initiated voluntarily through specific resolutions or court orders.

Fast Track Exit

This method, available under Section 248 of the Companies Act of 2013, is a quick and straightforward way to dissolve a defunct company.

Change of Registered Office to a Different State

For companies seeking to change their registered office address from one state to another, the process involves the following steps:

Passing Resolution:

The Board of Directors is required to adopt a resolution requesting an EGM to discuss and pass a special resolution for changing the registered office and modifying the Memorandum of Association.

Application to Regional Director

The company must publish a notice in a newspaper, notify debenture holders, creditors, and depositors within 21 days, apply to the Regional Director using Form INC-23, and receive confirmation within 60 days.

Filings at the RoC

The company is required to obtain approvals from the Regional Director and Central Government within 60 days, using Form INC-22 and INC-28, to confirm the office change.

Importance of Online Accounting Services & Company Compliance Services

Private limited companies must prioritize annual compliances, ensuring filings meet due dates and adhering to prescribed guidelines

Budgeting

Manage company income, expenditure, and monitor managerial policies effectively.

Evaluating Business Performance

Assess business performance using key metrics like net profit.

Managing Cash Flow

Monitor business finances for effective project planning and financial management.

Providing Financial Information to Investors and Stakeholders

Assess a business's financial health and credibility for investors.

Mandatory by Law

Registrar of Companies mandates income tax compliance, avoiding fines.

Form DIR-3 KYC: Empowering Directors with fincto

The Director Identification Number (DIN) is a crucial identifier for aspiring and current directors in corporate governance. Obtaining a DIN requires a one-time application through eForm DIR-3. An annual requirement has been introduced, requiring directors with DINs to submit KYC details annually through fincto’s expertise.

Customizable Founders Agreement Template: A Framework for Success

THIS FOUNDERS’ AGREEMENT (hereinafter referred to as the ‘Agreement’) is executed on [DD/MM/YYYY] by and among [XXXX] (the ‘Company’), and the following founders (the ‘Founders’):

[Insert Founder Name]

[Insert Founder Name]

NOW, WITH DUE CONSIDERATION to the foregoing and the mutual covenants and agreements hereinafter detailed, the parties hereto concur as follows:

[Continuation of the founders agreement template, incorporating company information, initial capital, ownership structure, vesting schedule, intellectual property rights, amendment protocols, resignation procedures, confidentiality commitments, dispute resolution, and more.]

Advantage for NDA Crafting

Tech-Infused Expertise

Fincto combines technology and legal expertise for thousands of legal tasks.

Seamless Government Interaction

Government processes simplified for convenience.

Dual Iteration Rounds

Package includes two iterations for satisfaction.

Effortless Legal Processes

Fincto simplifies legal processes, making them accessible and accessible.

For comprehensive guidance, expert consultation is recommended.

Key Elements of a Founders Agreement: Navigating Clauses

A founders agreement encompasses several pivotal sections, including:

Founder Identification

Identifying co-founders and their roles within the company.

Ownership Structure

Defining equity ownership distribution and percentage among co-founders.

Vesting Schedule

Potential inclusion of a vesting timetable for equity shares.

Intellectual Property Rights

Managing intellectual property rights in business ventures.

Decision-Making Protocols

Outlining decision-making mechanisms, roles, and responsibilities of co-founders.

Termination and Exit Clauses

Describing scenarios leading to termination and exit procedures for co-founders.

Dispute Resolution

Establishing protocols for dispute resolution, including mediation and arbitration.

Product Returns

Customer may receive a refund for product dislike, damaged, incorrect item, or predefined issues upon return.

Order Cancellations

Refund policy governs online order cancellation process, details, and procedures for refunds.

GST Tax Rates

Website Disclaimer: Shielding Your Online Presence

A Website Disclaimer communicates liabilities to visitors, safeguards intellectual property, discourages unauthorized usage, and prevents misuse accusations. It can be standalone or integrated into legal documents, demonstrating responsible online conduct and promoting responsible behavior.

Cookie Policy Landscape

A Cookie Policy is essential for online transparency and legal compliance, educating visitors about active cookies, their purpose, and user data processing. It is often a legal requirement in many jurisdictions.

Shipping and Delivery Policies: Streamlining E-Commerce

E-commerce relies on efficient shipping and delivery; a Shipping Policy provides clear information on fees, timelines, and procedures, improving customer experience.

Overview of GST Filing Returns - Types and Due Dates

GSTR1

GSTR1 is the form used for tax returns on outward supplies, encompassing both interstate and intrastate B2B and B2C sales. It also includes details of purchases under reverse charge and inter-state stock transfers made during the tax period. Late filing of GSTR1 can result in a late fee, which is collected in the subsequent open return, Form GSTR-3B. Since January 1, 2022, taxpayers cannot file Form GSTR-1 if they haven't filed Form GSTR-3B in the preceding month.

GSTR1A

This amendment form corrects any discrepancies between the GSTR-1 of a taxpayer and the GSTR-2 of their customers. The filing window for GSTR1A is between the 15th and 17th of the following month.

GSTR2

Monthly GST returns for inward supplies are filed using this form. It contains taxpayer information, return period, and detailed invoice-level purchase information related to goods and services separately.

GSTR2A

This auto-generated tax return compiles purchases and inward supplies made by a taxpayer based on the information from their suppliers GSTR-1.

GSTR2B

An auto-generated document that acts as an Input Tax Credit (ITC) statement for taxpayers, facilitating faster return filing, minimizing errors, easing reconciliation, and simplifying compliance.

GSTR3

This form is used to file consolidated monthly tax returns. It contains the taxpayers basic information, turnover details, final aggregate-level inward and outward supply details, tax liability under CGST, SGST, IGST, additional tax (+1% tax), ITC, cash, liability ledgers, and details of other payments like interests, penalties, and fees.

GSTR3A

This is a tax notice issued by the tax authority to a defaulter who has failed to file monthly GST returns on time.

GSTR3B

It is a temporary consolidated summary GST return for inward and outward supplies, introduced as a relaxation for recently registered businesses.

GSTR4

This quarterly GST return is filed by compounding vendors. It includes the total value of supplies made during the covered period and details of tax paid at the compounding rate (not exceeding 1% of aggregate turnover) along with invoice details for inward supplies.

GSTR4A

The Quarterly purchase-related tax return filed by composition dealers, automatically generated by the GSTN portal based on information from the suppliers GSTR-1, GSTR-5, and GSTR-7.

GSTR5

Variable return for Non-resident foreign taxpayers, containing details of the taxpayer, return period, and invoice details of all goods and services sold and purchased. It also includes imports on Indian soil for the registered period/month.

GSTR6

This monthly GST return is for ISDs (Input Service Distributors), containing details of invoice-level supply from the GSTR-1 of counterparties, credit for ITC services received, debit for ITC reversed or distributed, and closing balance.

GSTR7

It is a monthly return for TDS (Tax Deducted at Source) transactions, containing the taxpayers basic information, return period, supplier's GSTIN, and invoices against which the tax has been deducted, categorized under SGST, CGST, and IGST. It also includes details of other payments like interests and penalties.

GSTR8

This is the monthly return for e-commerce operators. It contains the taxpayers basic information, return period, details of supplies made to customers through the e-commerce portal, tax collected at source, tax payable, and tax paid.

GSTR9

The annual consolidated tax return, comprising detailed income and expenditure, regrouped according to the monthly GST returns filed by the taxpayer.

GSTR9A

The annual composition return form to be filed by every taxpayer enrolled in the composition scheme.

GSTR9C

This Audit form is filed by taxpayers liable to get their annual reports audited when their aggregate turnover exceeds ₹2 crores in a financial year.

GSTR10

Filed before cancelling GST registration, this final GST return contains the details of all supplies, liabilities, tax collected, and tax payable.

GSTR11

Variable tax return for taxpayers with UIN (Unique Identification Number), containing details of purchases made by foreign embassies and diplomatic missions for self-consumption during a particular month.

Due Dates for GST Returns

Staying compliant with GST due dates is vital to avoid late payment charges and interests. Fincto provides updated information on due dates for the financial years 2021-2022 and 2022-2023. Keeping clients informed of these updates can help taxpayers stay on top of their compliance requirements and ensure timely filing of GST returns.

GST Return Filing under the Composition Scheme

Taxpayers registered under the Composition Scheme must file taxes using CMP-08 every quarter and file GSTR-4 annually. The due date for the GST return for Composition Scheme registrants is the 18th of the month following each quarter.

Choose Fincto for a Seamless GST Return Filing Experience

Fincto provides a hassle-free GST return filing experience with the support of a team of dedicated experts. Fincto offers a seamless GST compliance journey. It's commendable to see such dedication to assisting taxpayers in their GST return filing processes.

What is a GST Certificate?

A GST Certificate is an important document issued by the Indian government which proves that a business is registered under GST. The certificate contains crucial information like the GST identification number, name, and address of the business. With a GST Certificate on hand, businesses can easily charge and collect GST, apply for loans, and participate in tenders.

With Fincto.io's expert guidance, you can navigate the GST registration process with confidence and focus on your business's growth and success.

Why Fincto?

Fincto offers a simple, speedy process for changing your company name, including name availability check, expert support, and amendments to MoA and AoA. Their dedicated team is available to address queries and provide assistance throughout the process. Make the transition to your new company name seamless with Fincto. Reach out to us today!

Trust Fincto to simplify your business formation process, enabling a seamless transition from idea to a legally recognized entity. Get ready for a well-informed, growth-oriented entrepreneurial journey with Fincto.

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