Private Limited Company and its Incorporation

WHAT IS A PRIVATE LIMITED COMPANY?

A private limited company is a type of privately held business entity registered under the Companies Act, 2013. In this type of business entity, the owners are liable to their shares. Private companies issue stock and have shareholders, they cannot trade on public exchanges and shares are not issued through an initial public offering (IPO). A private limited company must have at least one shareholder and can have a maximum of fifty shareholders. This makes the entity to stand between partnership and a public company. It is widely acceptable among entrepreneurs as it is more convenient to start a Private Limited Company.

INCORPORATION OF A PRIVATE LIMITED COMPANY

A Private Limited Company can be incorporated as per the procedure explained below :

Director Identification Number (DIN) & Digital Signature Certificate (DSC)

A person intending to become a director of a company requires a unique identification number which is issued by the Ministry of Corporate Affairs. This number then is used to record the details of the director of the company. The Digital Signature Certificate is the digitalised version of all the paper certificates. This certificate can be used to prove the director’s identity, access information and sign documents digitally. Certain documents are required for DIR-3 application:

Identity Proof: A copy of PAN card is mandatory whereas a copy of the Driver’s license is optional.
Address Proof: A copy of the Passport / Election ID / AADHAR card / Driver’s License is sufficient.
Passport Size photo
Mobile Number
Education Qualification
Verification signed by the applicant.

Company Name Availability

The name of the company must not be pre-existing, applicants must first search for any existing Trademark and then decide on the company’s name. The Promoters of the company have to provide at least 6 names in the order of their preference to the Registrar of Companies for name availability.

Memorandum of Association (MOA) & Articles of Association (AOA)

When the name of the company has been approved by the Registrar of Companies then the Subscribers have to draft a MOA & AOA specifying their Names, Address, Occupation and the sign the subscription pages of the Memorandum and Articles of Association formed.

The Memorandum of Association is a document regarding the main objectives as well as the secondary objectives of a company. It covers all the necessary fundamental provisions of the company’s constitution.

Articles of Association is a contract based on mutual understanding between the company and its members defining their rights and duties.

Filing E-Forms with Registrar of Companies

After the drafting of Memorandum of Association and Articles of Association, an application has to be sent to the Registrar of Companies regarding the incorporation of the company. This Application must contain all the necessary documents of the Company and its Directors.

Verification of Documents

The company must pay the desired fees to the Registrar of Companies and must get Stamp Duty to get the documents verified.

Issue of Certificate of Incorporation

When all the documents are verified and duly approved by the Registrar of Companies, a digitalised ‘Certificate of Incorporation’ is mailed to the Directors of the company. Once the Incorporation Certificate is received , company can start with its operations .

ADVANTAGES OF A PRIVATE LIMITED COMPANY

Separate Legal Entity

A company is a legal entity and a juristic person under the law. The members (Shareholders/Directors) of a company have no liability to the creditors of the company. This form of organisation has wide legal capacity, acquire and hold property and also incur debts in its own name. As a juristic person, a company can sue in its own name and can be sued by others. A company’s common seal is considered as its signature but is not mandatory.

Limited Liability

Limited liability means the status of being legally responsible only to a limited amount of debts of a company. A company is a separate legal entity from its members. The liability for repayment of debts incurred by the company lies on the company itself and not on the owner. Unlike other business entities the liability of the members in respect of the company’s debts is limited.

Uninterrupted Existence

A private limited company has perpetual succession. A perpetual succession means the company has uninterrupted existence until it is legally dissolved or voluntarily. A company, being a separate legal person will continue to exist even if a member dies or ceases irrespective of the changes in the membership.

Easy Transferability

Shares of a Private Limited company which is limited by the number of shares can be transferred by a shareholder to any other person. The shares and other interest of any member in the company is dealt as a movable property and can be transferred in the manner provided by the Company. Shares can be transferred by filing and signing a share transfer form and handing it over to the buyer of the shares along with the share certificate. It is easier for a member to leave the membership of the company and also to transfer its share of ownership.

Owning Property

A company as a legal entity is capable of owning its funds and properties. No shareholder can make any claim upon the property of the company as the owner of the company and the company itself are two separate entities.

If you are looking for incorporating a private limited company or still perplexed as to what is most appropriate for your kind of business, feel free to get in touch with us. You can visit us for consultation and speak to our CS to ascertain the right direction.

For more information on Incorporation of a Private LTD company , feel free to reach us on, info@gapeseedconsulting.com or call +91-9599444639/+91-9599444630

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Online Tax Filing

The forms for the (ITR) Income Tax Return for Financial Year 2015-2016 i.e. Assessment Year 2016-2017) have been released by the Income Tax Department. These are applicable for your income tax
return for income earned from 1st April 2015 to 31st March 2016.

If you’re looking forward to get some assistance on filing your Income Tax Return Gapeseed Consulting can help you with knowing different ITR Forms and filing the same. You could read more on our website here.

To figure out which ITR you need, read below to know more.

ITR-1

The following people need this return form whose total icome for the assessment year 2015-2016 include

Income from Salary/Pension
Income from One House Property
Income from Other Sources which does not include Winning from Lottery and Income from Race Horses

Who cannot use this Return Form

If you own any asset for any financial interest or have an account located outside India you cannot use this return form also if you have exempt income which is more than Rs. 5,000, you cannot use ITR-1.

ITR-2A

This tax return form can be used under the given condition:

Income from salary and has more than one house property but does not have any capital gains.
People with long term capital gains securities on which transaction tax is paid.
NRIs if they do not have any foreign assets.

If you fall under any of the category below you cannot file through ITR 2A

If income is from capital gains
Income from Business
If you have claim of relief/deduction under section 90, 90A or 91
If you have any asset which lies outside India.
If you have an earning source outside India.

ITR-2

If you lie under the category of Hindu undivided family you need to file your tax by filling up ITR-2 under the following circumstances:

If the Income is from Salary/Pension
Income earned from house property
Income from Capital Gains
Income from Other Sources which includes winnings from Lottery and income from Race Horses.

The Return Form should not be used by an individual whose total income for the assessment year 2015-16 includes Income from Business or Profession or if you receive remuneration as a Partner in a Partnership Firm or LLP. If you lie among anyone if the following categories you need to declare these types of incomes under ITR-3, ITR 4 or ITR-4S.

ITR-3

This Return Form is to be used by an individual or an Hindu Undivided Family who is a partner in a Partnership Firm or LLP and where income chargeable to income-tax under the head, profits or gains of business or professional does not include any income except the income by way of any interest, salary, bonus, commission or remuneration, by whatever name called, due to or received by them from such firm.

Only this form is to be used in case a partner in the firm does not have any income from the firm by way of interest, salary, etc. and has only exempt income by way of share in the profit of the firm and not Form ITR-2.

If your total income is from Business or Profession under any proprietorship then this Return Form should not be used.

ITR-4S OR SUGAM

This Income tax Return to be filed by individuals, HUF and small business taxpayers having presumptive business income, salary/pension, one house property or income from other sources.

You cannot use this form if the individual has more than one house property, speculative income, agriculture income more than Rs 5000, capital gains.

ITR-4

For individuals and HUFs having income from a proprietory business or profession.

ITR-5

For firms, LLPs, AOPs (Association of persons) and BOIs (Body of Individuals)

ITR-6

For Companies other than companies claiming exemption under section 11 (Income from property held for charitable or religious purposes)

This return has to be filed electronically only.

ITR-7

For persons including companies under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D).

Return under section 139(4A) is required to be filed by every person in receipt of income derived from property held under trust or other legal obligation wholly for charitable or religious purposes or in part only for such purposes.
Return under section 139(4B) is required to be filed by a political party if the total income without giving effect to the provisions of section 139A exceeds the maximum amount which is not chargeable to income-tax.
Return under section 139(4C) is required to be filed by every
1. scientific research association;
2. news agency ;
3. association or institution referred to in section 10(23A);
4. institution referred to in section 10(23B);
5. fund or institution or university or other educational institution or any hospital or other medical institution.
Return under section 139(4D) is required to be filed by every university, college or other institution, which is not required to furnish return of income or loss under any other provision of this section.

Click here to drop us a line if you have any questions regarding tax filing online.

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Tax Accounting Services for start-ups and small businesses

Tax accounting for start-ups and small businesses has started to be regulated due the increase in number of start ups and small businesses which has scrutinised the regulatory norms this has also brought up many other flaws in the system of other companies.

The change in the environment of tax accounting services has been constantly changing and growing which has brought upto a situation where tax laws have evolved which has rapidly impacted the tax planning as well as the tax preparation. This has made impact on the company’s financial reporting.

At Gapeseed Consulting we offer our client Tax accounting services to start-ups and small businesses. We can help to make changes in the way of tax planning and reporting which helps in increased efficient results at quarter-end and year-end. Apart from this at Gapeseed Consulting we offer other accounting services which can help you manage your taxes and business better like Bookkeeping services where we specialize in budgeting and account reconciliation and will actively balance your books. We offer payroll services as well in which we’ll take the payroll process off your plate and ensure you are always compliant. The services provided by us for tax accounting to start ups and small businesses are as follows.

Tax provision outsourcing and support:Many companies continue to struggle with the appropriate amount of internal tax resources to employ. Some companies want to own the entire tax function, while others want an experienced tax firm to be entirely accountable and responsible for their tax needs. Some want a mix of both. For more than two decades, Gapeseed Consulting has developed and delivered the people, process, and technology to provide an integrated, cost-effective approach to operating tax departments. Clients in industries such as life sciences, retail, manufacturing, banking and utilities have realized the benefits of Gapeseed Consulting tax accounting services.
Accounting for uncertain tax positions assessments:We help clients minimize the risk of forfeiture and maximize future benefits via a wide range of tax process and operations management solutions. We design, transform, and run intelligent operations that provide comprehensive tax compliance support for corporate and transactional taxes. In addition, we prepare premium tax returns for insurance businesses, assist in VAT filings and associated reconciliations property tax returns, and provide information.
Actively Managing Your Tax Department:Our tax department outsourcing services also include managing and assisting with operational matters that arise on a day-to-day basis such as establishing procedures and reporting practices, proactively communicating with company management, maintaining a corporate tax calendar, and assisting with examination support. Gapeseed Consulting establishes effective communication protocols, serves as a tax liaison to external auditors, and responds to tax inquiries from internal business units.
Tax Preparation:It can be a tedious task to prepare your own tax return which might even leave you with more doubts. We constantly check and recheck your tax returns our teams plans up the filing either offline or efiling which will help you get your refund back quicker. Combined with our payroll services we can help you with the withdrawal which can help you get more money back and low interest loans. In addition we will help you with a sheet of commonly overlooked deductions to limit the year’s tax liability.
Tax Planning: Planning is the key to successfully and legally reducing your tax liability. We go beyond tax compliance and proactively recommend tax saving strategies to maximize your after-tax income. We make it a priority to enhance our mastery of the current tax law, complex tax code, and new tax regulations to help our clients with the latest trends.Businesses and individuals pay the lowest amount of taxes allowable by law because we continually look for ways to minimize your taxes throughout the year, not just at the end of the year.

If you would like to know more about our tax accounting services for start-ups and small businesses you can drop us a line here.

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Business Support Services for International Businesses

t’s not easy to set up a business and these days small business owners think that it’s becoming even more difficult to manage and run a thriving company. While more and more business owners find it difficult to keep up with the competitive pace and continue to struggle to acquire everything required for the smooth running of the business;

they may gradually ask assistance from an outsourcing company to manage the business swiftly.

Start-ups and SMEs cannot always afford hiring new employees who can take care of the various business functions like customer services, travel desk assistance, bookkeeping, accounting duties and other related day-to-day tasks. Therefore, outsourcing the core processes makes it more cost effective and enables them to focus more on business development and invention of new ideas through which the business can be expanded further.

To ease up your burden, this is where our Business Support Services comes in and allows businesses to save money and provide outstanding services. So, let us explore the basic business support services that are required to run a business smoothly and how Gapeseed Consulting can take care of each one of them diligently.

Business Travel and International Visa Assistance

Travelling for business purposes is very common irrespective of the size of the business/ company. It could be attending a meeting abroad or arranging a small workshop for partners in some other city but managing business travel can affect your company’s budget if you don’t plan it well. In most cases, small businesses spend more on travel than large corporations. This is due to the fact that most small businesses lack a streamlined travel expense system. That’s where the Business Support Services of Gapeseed Consulting hop in.

When you choose us, we will not only help to arrange for your business travel, we will help you track and manage your budget so you can maintain a healthy bottom line. When you become our client, a dedicated professional/ account managed from Gapeseed Consulting will work for you to book flights, hotel rooms, transportation, visa assistance and other services that fit your budget and meet your company’s needs.

The Business Travel Services that we offer includes:

A dedicated assigned team to your account
Standard and custom corporate reports, along with access to secure online financial reporting
Financial management – Costings, provisional budgets based on different travel scenarios, closing budget, invoicing, payment and fee collection
Corporate travel and accommodation – Organizing National and International trips for employees/clients.
Completion of ticket voids
Management of Visa requirement – Organizing Visas, Visa Services to International Expats, travel insurances etc.
Delegate administration – Bookings, joining instructions with venue maps etc.
Emergency support available worldwide, 24X7

Setting up a Branch in India or Abroad

At Gapeseed, we offer host of business support services related to complete business set-up, be it in India or abroad. Our experienced professional team specializes in advising the right kind of business set-up keeping in view your business need and the necessary tax aspect.

Our bouquet of services covers from initial market study to post setup support for operational optimization. Services like taking care of approvals, legal compliances, registrations with authorities and all this in minimal time duration. We walk the complete path of setting up business with our clients in a smooth manner till they establish and enforce complete implementation.

Business Management Services, we offer, include:

Planning & Advisory

Advising on business structure
Advising on Indian/Abroad Regulatory Environment

Execution

Registration of Company, Partnership, Trust
Application for Various Trade Licenses
Registration with various tax Authorities (Central or Local)
System Development & Other related services
Management Support Services

Complete solution for setting up business

Customized solution according to need
End to End Advisory

Managing a Foreign Office in India

Managing a foreign office in India can involve a lot of risks if you don’t have the right kind of people working for it. So it’s very important to take care of employees that you are hiring. Staffing for foreign corridors in India is an uphill task as we have to act as the Employer Brand and the ambassador both and that is the reason we included Managing a foreign office in India as a part of Business Support Services at Gapeseed Consulting.

You need to have facts with employee background checks, you need to have resources to help you uncover records, employment education verification, paying employees at the right time, management etc.

All this involves different processes and Gapeseed’s umbrella of Business Support services include,

1.Payroll Management

Payroll isn’t just about paying your people. It’s about maximizing the productivity of any organization. Gapeseed Consulting Services helps to maximize the productivity of a company by channelizing timely and accurate salary processing, efficiently handling the reimbursements, managing loans and advances and government of India statutory requirements including all PF and TDS. We provide complete HR Payroll solutions to our clients/enterprises. A better management helps in streamlining processes, supporting employee work-cycle, lowering risks related to compliance and penalties etc.

2.Business Support for Managing a Foreign Office include,

Payroll Accounting

Recording and Reconciling Payroll Transactions
Professional payroll processing- pay checks and pay stubs
Payments to independent contractors
Payment tracking of employees

Compliances

Guaranteed, accurate federal, state and local tax calculations
Deposits & Compliance of EPF ESI or other Employee Welfare Contributions

System & Process Integration

The pace with which technology is changing and its effects on an organization is alarming. To keep their businesses on track with latest technology and solutions, an organization may either have to update their old systems with newer ones or replace them with new products from other vendors.

This migration process needs certain expertise in planning and execution. To fill this gap, Gapeseed’s system integration process steps in. Our integration services team includes various software, hardware and functional experts who can easily plan and execute this kind of migration without disturbing existing business activities of the clients. Our approach involves analysis of existing processes, understanding existing pain areas and then taking care of them via new and improved processes and technology solutions.

Services We Offer

Excellent implementation and support services help the client to concentrate on their business rather than handling day-to-day operational issues of the software.

Easy integration of different systems helps into optimized business processes and functions.

Customized solutions help customers get only those modules which are required for its business and internal activities.

Gapeseed Consulting comes with the expertise of directors and consultants who have handled many turnkey projects with international corridors. The need of Business Support Services emerged from that very domain only and we are most certain of the support we offer.

For more information on Business Support Services for International Businesses, feel free to reach us on, info@gapeseedconsulting.com or call +91-9599444639/+91-9599444630

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Payroll Services in Delhi NCR

Every business owner is faced with the option of doing payroll in-house or outsourcing to a payroll service provider. While each has its advantages, outsourcing payroll seems to be a common choice for both large and small businesses. Reason being – it saves cost and increases efficiency. Once you outsource the service, the providers can manage the tedious task of running payroll whereas you and your employees can focus on business growth.

In simple words the purpose of any payroll system is to standardize the process of paying employees and organize everything for tax purposes. Now, to choose the best payroll service for your business can be a difficult task. Because the type of payroll service that works best for each company depends on the needs and circumstances of the business. Some payroll providers can accommodate large companies with hundreds of accounts, while others are focused more on small businesses and limit the number of accounts they work with. So you should consider parameters like the cost involved, the reputation or status of the provider and the services it will provide.
However with so many options to choose from, finding the right one can be overwhelming. So to help you out in best way possible, Gapeseed comes as a rescuer. Our motto is very simple – We prioritize our client’s needs.

Check out the Benefits of Payroll Services

Save Cost: The most important aspect of any business is cost saving. So, in addition to reducing the probability of costly penalties, hiring Gapeseed to manage your payroll module can save you money in lot many ways. The price that you will be investing for training purposes or for labour may add up more than the price of outsourcing. And there’s no guarantee involved. Whereas if you hire us, you and your team can concentrate more on the business growth while we take care of the rest. We will also be involved in taking full responsibility for any mishap and you can feel confident, mistakes (if any at all) will even be taken care of.
Increase Productivity: Now, once you avail the service, you don’t have to involve any of your internal team members to process payroll, which means you not only save on cost, but also time. The team member can actually get involved into doing something productive rather than spending time on keeping track of employees’ wages and fees, processing paychecks and records etc.

Faster Processing: We hire experts of the industry when it comes to payroll rules and requirements. We also have advanced technical resources as support, so we can complete complex payrolls quickly and accurately. Be it paying the wages or reviewing employee contribution and deduction, all are taken care systematically. This also includes adding new employees to the system and removing former employees as soon as they leave the company.
Reduce Compliance Issues: Payroll tax regulations can be complicated and confusing. When trying to concentrate on running a business successfully, it may be difficult to stay up with all the tax rules and changes. Yet it is very important to keep a track as inaccurate payroll reporting can result in penalties from the government. Gapeseed can help you prevent compliance issues. Our systems are upgraded with up-to-date information on all tax rules and therefore reduce inaccuracy of any sort. In addition, we also handle filings, taxes and payments, and other such complexities.

There are many details and factors to consider in each of these processes and the easiest way to tackle all of them is to hire a professional payroll service provider. And to do so it’s advisable to hire the best among the rest.

Whether you are seeking the Payroll Services for a funded startup, an Indian Office of your foreign-aligned venture or any other payroll services in Delhi NCR, get in touch with us.

Further to this if you seek any further clarity, feel free to write to us on, info@gapeseedconsulting.com or you can also call us at +91-9599444639.

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