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Cooperative Societies Registration in Pune

REGISTER A NEW HOUSING SOCIETY

First general body meeting (before registration)
In this meeting under Society’s Model Bye-law 3(iii), the Chief Promoter (could be the builder) is primarily selected by the promoters, who are members co-signing the registration application before the Registering Authority, under Bye-law 3(xii).
Application for registration

Normally, the name reservation proposal should be accompanied with the society resolutions and signatures of at least 10 Promoters who have attended the meeting. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the society is registered or its registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit registration proposal to the registering authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed society.
Co-operative Societies Commissioner & Registrar’s GR No. SAGRUVO/1094/Pra.Kra 277/14C dated 10 March 1995 says “By exercising the powers in section 7 of the Co-operative Societies Act 1960 the government is pleased to exempt the provision of minimum 10 members for registering co-operative Housing society under sub-clause 1 in Section 6 of the said Act subject to the conditions that the plinth area of each flat in the proposed co-operative Housing Society should not be more than 700 sq. ft and FSI should not be balance for utilization in the proposed societies land/ building.
If builder/ promoter is not co-operating in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the District Deputy Registrar, who has been given power under section 10(1) of the Maharashtra Ownership Flats Act 1963. While submitting the said proposal, a Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200 is required.

Approval by Registrar
It is the duty of the concerned Registrar to register the Co-operative Housing Society, by scrutinizing the proposal submitted after fulfillment of above mentioned documents, and shall make an arrangement of issuing certificate of registration society under Section 9(1) of the Maharashtra Co-operative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter. The order regarding registration of society should have been sent for publishing in government gazette to the Government Printing Press for appropriate action. It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar.
If proposal of society registration is denied or no decision is taken within two months then it is necessary to send that proposal to the Divisional Joint Registrar, Co-operative Societies under Section 152 of the Maharashtra Co. operative societies Act, can be approached.

First General Body Meeting obligatory Agenda (after registration):
• To elect a Chairman for the meeting
• To admit persons to membership who have applied for membership of the society.
• To elect a provisional Managing Committee
• To receive and approve the statement of account as prepared by the Chief Promoter of the society up to 14 days prior to the first general body meeting of the society.
• To authorize the committee to secure conveyance of right title and interest in the property in the name of the society from the promoter builder
• To impose restrictions on raising loan amount from outside
• To appoint internal auditor and to fix his remuneration
• To authorize one of the members of the provisional committee to call the first meeting of the provisional committee
• To take decision about taking membership of District Housing Federation and other institutions
• To give power to one member of provisional management committee to call meeting of the managing committee
• To consider the matters raised by the member except these matters which are necessary for giving advance notice with the permission of chairman and eleventh hour matter and to make resolution in that regard.

*BUILDER’S HANDOVER PROCESS:-
The date of handover from builder to the registered owners association is an important day for new apartment owners and all residents. It has to be taken seriously and detailed due diligence must be done when interacting with the builders during this handover process. Once the formal handover to the Owners Association is completed, the onus is on the association to run the affairs of the society and to ensure its smooth functioning. The association must be prepared for this day for 3+ months leading to this event.
It is recommended that owners collaboratively engage with the builder right from late construction stages that will help them to take-up this responsibility in future. The builders can also reach out to representatives from the owners group to assist in the selection of maintenance agency which prepares them for the handover process.

Based on our experience in interacting with various builders and associations, we have collated a check list that associations can use when in dialogue with the builder on the handover process:
1. Get approved building plan which includes block-wise and floor-wise details
2. Collect the Completion Certificate which ensures adherence of the approved plan
3. No Objection certificates from pollution, fire, water and electricity authorities
4. Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal on the drawings
5. Registration and parent documents
6. Drainage, sewage, Fire protection and common area power layout drawings
7. Car parking layout drawings (with numbering)
8. Asset Inventory of all movable and immovable equipment purchased; numbered in order (list needs to be exhaustive)
9. Record of recent service history on key equipment’s like lifts, DG sets, STP and WTP
10.AMC and warranty details; Original bills of equipment purchased (motors, Sewage and Water Treatment Plant, Generators, Gym items like treadmill)
11.Lift license details and next renewal date
12.STP/WTP vendor details, plant layout, operation manual and drawings
13.Receipts of property, electricity and water payments paid
14.Handover of corpus amount to the association
15.Share recent expenses incurred on various maintenance activities and account heads; will assist to budget coming year (staff salaries, purchase of cleaning material, swimming pool maintenance etc)
16.Contract signed with maintenance agency; agreed SLAs
17.Insurance taken for assets and third party lift insurance
18.Audited account statement at the time of handover
19. Arrange for introductory meeting with important suppliers and vendors

*SOCIETY REGISTRATION AND FORMATION
Forming a legal society is of utmost importance. It helps society owners to reap unlimited benefits and maintain smooth functioning. It is mandatory for developers to create societies and provide a final handover to the owners. However, many developers do not comply with these procedures and hence flat owners lose that added benefit that a legal society enjoys.
We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.
We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.
Our specialized services include:
Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

*SOCIETY FORMATION AND HANDOVER
60 % of the Promoters are must be ready to form Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.
When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society
Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.
For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow
Applications for Name to be reserved for Proposed Society’s
Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
Application form “A” 4 copies
Information in Annexture ” A ” ” B ” ” C ” 4 copies
Bye-Law of the Society 2 copies
Details of Accounts Annexture ” D ” 2 copies
Bank Balance Certificate in Original 1 copy in Original
Agreement of Flat 1 copy
Advocate Search Report 2 copy [Title Certificate]
Society’s Building Plan 2 copies
Lay Out Plan 2 copies
Sanction Plan from Authority 2 copies
O.C / C.C copy 2 copies
Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
NA Certificate / ULC 2 copy
Plot area Land Map 2 copies
Scheme
Registration Fee Challan for Rs.2500 1 copy original
Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy

All this forms are available at your District Co-operative Housing Society Federation.
On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.
If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.
Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year. After electing PWC the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar
When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society. For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or Accountant are not been kept.

*DUTIES AND RESPONSIBILITIES OF THE MANAGING COMMITTEE OF COOPERATIVE HOUSING SOCIETY:-
Putting a board displaying name of the society, full address with registered survey No. and Registration No. near the main gate of the society which could be seen easily.
To raise funds for the society.
Recommend to the society for deciding maintenance fee, repair and deposit amount.
To give membership, pass the resignation of members similarly to take decision regarding nomination of the members.
Internal inspection of the flat.
To take decision on the various applications received from the members.
To take action against the defaulting members.
To issue Share Certificate to the members.
To call monthly meeting of the committee and finalize its minutes.
To determine agenda of the annual meeting and to call Annual Meeting in prescribed period.
To organize special general body meeting as required.
To make arrangement of election for the formation of a new committee before expiring the term of the managing committee.
To select office bearers by forming the new committee after election.
After taking charge of the office by the members of the managing committee,it is obligatory on them to execute bond under Section 73(1) (1AB) in M-20 (bond paper of Rs.100/- and each separately on the cost of the society) and to include the same in the record of the society. Similarly, the responsibility to inform the concerned Registrar in the regard is entrusted with Secretary.
It is necessary to take detailed note of taking charge, handover of record with its detailed list of the record received in the minutes of the managing committee meeting. Thereby the record regarding exactly which files received in whose possession and on which date is available with the society permanently.
To fill up the vacant post in the managing committee as per provision in the bye-laws and Rule No. 60(5) of Maharashtra Co-operative Rule 1961.
To accept the resignation of the members of Managing Committee.
To keep neatly the files of members and society records.
To finalize the financial statement of the society within 45 days at the end of the financial year.
To submit society’s record for Audit.
To make available papers mentioned in Section 32 as per members demand.
To take decision as per provisions in by laws and laws on the complaints received from the members.
To give necessary information to the members if he contacted society for selling of the flat and co-operate him for selling as per provisions in by-laws and laws.
To take decision on the applicant regarding letting of the flat and inform the same to the concerned member within prescribed time limit.
To make agreements as necessary on behalf of the society.
To take necessary action for keeping the property of the society in order.
To take insurance policy of the building and property of the society.
To give approval for change in utilization of flat.
To inspect flat of the member internally by taking prior appointment for the purposes of leakage/structural audit etc.
To initiate action as per provision in law if the member makes hindrance in internal inspection.
To sanction the amendments in laws, rules, bye-laws suggested by the government from time to time with the approval of the general body meeting.
It is obligatory on the part of the government to give details of the bill/bifurcation and also as per which resolution/ bye- law if the members demand so.
It is obligatory on the part of the society to accept less amount paid by the member than the amount shown in the bill and it is necessary to give receipt of thereof.
There is a provision in the sub-rule about how much maximum interest to be charged. However, it is necessary to make resolution in the general body meeting about charging interest.
By doing structural audit of the building, necessary repairs should have been carried out with the approval of the general body meeting.
If the society does not have funds and if any member is ready to do leakage work on his own cost, then to form the rules in that regard and take approval of the general body meeting for the same.
To submit the fault rectifying report in ‘O’ form by rectifying the faults in the audit report, within three months to the Auditor and to send its copy to the Registrar.

*WHY A CO-OPERATIVE HOUSING SOCIETY IS BETTER THAN APARTMENT OWNERS ASSOCIATION?
1. The builder is interested in using the increased FSI which will be awarded by the govt. for that area at any time in future. If the ‘Society’ is formed, then upon the transfer and conveyance of land in favour of the Society, the increased FSI will be owned by the Society and the builder shall not have any right over it. But if it is an Apartment, then the builder owns that increased FSI and can use it anywhere. Thus, the builder will keep taking advantage of every increase in FSI throughout in the future.

2. In an Apartment, the builder retains the ownership of the open spaces which are not included in the saleable area. Example – Terrace or any open parking/stairs space which is not included in the saleable area. But in case of Society, the builder cannot retain any right on any of these areas and has to hand over everything to the Society. The Maharashtra Apartment Ownership Act also provides for the ownership of an individual Apartment in a building and to make such Apartment heritable and transferable property.

3. Bye-laws and Rules of ‘Society’ are binding on all the residents and nobody can act as per his/her whims. Hence, if the Society decides to ban any objectionable commercial activities in the flats such as noise-making music classes or using the flat for catering or courier activities etc or not to rent out to bachelors etc, then all the residents have to abide by it. But if it is an Apartment, then owners can violate the Apartment Rules and the Apartment Body can just file a case in the Civil Court. However, while the Society disputes are resolved in a separate Court i.e. Co-operative Court dealing with Society matters and hence they are fast resolved whereas, the Apartment matters have to be taken to the normal Civil Court and hence they typically take years and decades to resolve.

4. When the building contemplates redevelopment after 25-30 years, the Society’s decision will be final and hence the Society members will have negotiation power with the builder at that time. But if in case of an Apartment, the consent of every Apartment-owner is required and hence it goes into an endless delay due to lack of a common decision acceptable to everybody. There are many instances in Mumbai wherein finally the dilapidated buildings had to be forcefully vacated by an eviction order from Court since they became unlivable. Thus, while the decisions are taken on a ‘majority’ basis in Society, the Apartment goes with rule of ‘Acceptable by Everybody’. So if the builder has retained even one flat in an Apartment, he will play a veto card in his favour at the time of redevelopment.

*FORMATION / REGISTRATION OF CO-OPERATIVE HOUSING SOCIETIES IN PUNE
According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),
It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.
There are four types of Housing Co-operative Societies
(a) Open Plot type Societies [Tenant ownership]
(b) Flat Owners Societies [Tenant Co-partnership]
(c) Tenant Societies
(d) Housing Board Societies.

The procedure for Co-operative Housing Society Registration begins with electing a Chief Promoter in a meeting of the Promoters. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer / flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters. Normally, the name reservation proposal should be accompanied by the signature of at least 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach a number of 10.

It would be of interest to note that the model bye-laws define flat as a Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society.
The documents that need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under:

1. Application for registration of Housing Co-operative Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative Society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 100/- Stamp Paper from at least 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of an agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorizing the promoter to sign on behalf of firm / company.
15. In the case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal. It is the duty of the Registrar to register the society and on registration of the society, it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society, the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. The quantum of the capital being introduced by the member is not of much importance. Preference should be given to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

*CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER
During the handover procedure it is important to record and file all details related to the process so that even if problems arise years later, all you need to do is look through this set of records and, accordingly, figure out what to do next.
The builder-residents society handover procedure needs to be structured, but that’s not where the process ends. There are a few things you should remember to check even after the builder hands over your society.

1)Make sure all society related issues are recorded and filed: All defects that you find should be typed as a letter with a signed acknowledgement of the same from the builder, so he is obligated to fix them. All important e-mails should be printed and kept safely for future references.

2)Make sure you make good use of the builder provided warranty period: Builders generally offer a warranty period within which defects are to be pointed out and duly fixed.

3)Form a team of volunteers to check and cross check all formalities are done correctly: Apart from the Management Committee, it is recommended that you bring together a group of residents to volunteer in making sure all necessary documents have been collected and all required formalities have been done. (To learn what documents you need during society handover, read ‘Keep a Check on These When Builder Hands Over Your Housing Society’)

4)Get a community management software to help you keep a permanent track of records: Getting a society management portal will prove significantly helpful in the overall management of your community activities in the long run. (For example: Common Floor Groups portal. With its many features such as Discussion, Complaints, My Dues, Issue Tracker, Documents repository this portal will serve as a platform to execute and manage community related activities effectively.)

5)Keep originals safely and copies separately with the Committee President: Make sure you keep originals of documents at a safe place such as the Association office and their copies with the Committee President which, when his tenure ends, are passed on to his successor.
6)Make sure you have all documents mentioned on the ‘Handover’ Checklist: Double check that you have all documents mentioned on the handover checklist in ‘Keep a Check on These When Builder Hands Over Your Housing Society’.

*BUILDER-NON COOPERATION CO-OPERATIVE HOUSING SOCIETY
If builder/promoter procrastinate in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the authorized officer (District Dy. Registrar in the respective district, who have given power under section 10(1) of the Maharashtra Ownership Flats Act 1963 (For making regulation for encouraging their constructions, their sale, management and transfer).
While submitting the said proposal, following documents are Necessary.
• 7/12 extract of the land or property card.
• Competent Authority Certificate regarding non-Agricultural land.
• Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
• Letter of given permission for construction.
• Completion certificate of Construction.
• Development Agreement if the land is taken for development.
• Power of Authority letter of the Land.
• Copy of the Title search Report.
• Agreement copy of the flat purchased.
• Architect certificate regarding construction.
• List of the Members.
• Scheme of the Society.
• Application regarding reservation of Name.
• Minimum 10 Members shall necessary for the registration of the Society.
• Application for registration of Society (A Form)
• Table containing information of the society (B Form)
• Table containing information of the members (C Form)
• Statement of Accounts of the members (D Form)
• Notarized guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
• Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
• Affidavit of the Members (Minimum 10 promoters’ Affidavit)
• Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
• Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District
• Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfillment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

PROCEDURE FOR REGISTRATION OF CO-OP. SOCIETIES
1.The first Step is to get 10 Individuals together who are desirous of forming a Society.
2.A Provisional Committee should be formed and a chief Promoter should be elected from amongst them.
3.A Name for the Society has to be selected.
4.An Application has to be made to the Registration Authority for reservation of Name and a letter to that effect has to be obtained confirming the reservation of Name. The name once reserved is valid for 3 Months.
5.The entrance fees and share capital has to be collected from the prospective members.
6.A Bank account has to be opened in the name of the proposed society as per the directions of the registration Authority. The entrance fees and share money has to be deposited in the bank account and the certificate from the bank has to be obtained in that respect.
7.The registration fees has to be deposited with the Reserve Bank of India and receipted 1challan thereof is to be obtained.
8.The application for registration of the society should be submitted to the Registrar of Societies of the concerned municipal ward. The documents to be submitted for registration are as follows:

a. Form No. A in quadruplicate signed by 90% of the promoter members
b. List of promoter members
c. Bank Certificate
d. Detailed explanation of working of the society.
e. 4 copies of proposed bye-laws of the society.
f. Proof of payment of registration charges.
g. Other documents like affidavits, indemnity bonds, any documents specified by the Registrar also have to be submitted.
9.The Registrar will enter the particulars in register of application maintained in Form “B” and give serial number and issue receipt in acknowledgment of the same.
10.On registration, the Registrar will notify the registration of the Society in the Official Gazette and issue Registration Certificate.

By |November 1st, 2017|Cooperative Societies Registration in Pune|Comments Off on Cooperative Societies Registration in Pune

Advocates for Society Registration and Formation

REGISTER A NEW HOUSING SOCIETY

First general body meeting (before registration)
In this meeting under Society’s Model Bye-law 3(iii), the Chief Promoter (could be the builder) is primarily selected by the promoters, who are members co-signing the registration application before the Registering Authority, under Bye-law 3(xii).
Application for registration

Normally, the name reservation proposal should be accompanied with the society resolutions and signatures of at least 10 Promoters who have attended the meeting. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the society is registered or its registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit registration proposal to the registering authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed society.
Co-operative Societies Commissioner & Registrar’s GR No. SAGRUVO/1094/Pra.Kra 277/14C dated 10 March 1995 says “By exercising the powers in section 7 of the Co-operative Societies Act 1960 the government is pleased to exempt the provision of minimum 10 members for registering co-operative Housing society under sub-clause 1 in Section 6 of the said Act subject to the conditions that the plinth area of each flat in the proposed co-operative Housing Society should not be more than 700 sq. ft and FSI should not be balance for utilization in the proposed societies land/ building.
If builder/ promoter is not co-operating in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the District Deputy Registrar, who has been given power under section 10(1) of the Maharashtra Ownership Flats Act 1963. While submitting the said proposal, a Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200 is required.

Approval by Registrar
It is the duty of the concerned Registrar to register the Co-operative Housing Society, by scrutinizing the proposal submitted after fulfillment of above mentioned documents, and shall make an arrangement of issuing certificate of registration society under Section 9(1) of the Maharashtra Co-operative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter. The order regarding registration of society should have been sent for publishing in government gazette to the Government Printing Press for appropriate action. It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar.
If proposal of society registration is denied or no decision is taken within two months then it is necessary to send that proposal to the Divisional Joint Registrar, Co-operative Societies under Section 152 of the Maharashtra Co. operative societies Act, can be approached.

First General Body Meeting obligatory Agenda (after registration):
• To elect a Chairman for the meeting
• To admit persons to membership who have applied for membership of the society.
• To elect a provisional Managing Committee
• To receive and approve the statement of account as prepared by the Chief Promoter of the society up to 14 days prior to the first general body meeting of the society.
• To authorize the committee to secure conveyance of right title and interest in the property in the name of the society from the promoter builder
• To impose restrictions on raising loan amount from outside
• To appoint internal auditor and to fix his remuneration
• To authorize one of the members of the provisional committee to call the first meeting of the provisional committee
• To take decision about taking membership of District Housing Federation and other institutions
• To give power to one member of provisional management committee to call meeting of the managing committee
• To consider the matters raised by the member except these matters which are necessary for giving advance notice with the permission of chairman and eleventh hour matter and to make resolution in that regard.

*BUILDER’S HANDOVER PROCESS:-
The date of handover from builder to the registered owners association is an important day for new apartment owners and all residents. It has to be taken seriously and detailed due diligence must be done when interacting with the builders during this handover process. Once the formal handover to the Owners Association is completed, the onus is on the association to run the affairs of the society and to ensure its smooth functioning. The association must be prepared for this day for 3+ months leading to this event.
It is recommended that owners collaboratively engage with the builder right from late construction stages that will help them to take-up this responsibility in future. The builders can also reach out to representatives from the owners group to assist in the selection of maintenance agency which prepares them for the handover process.

Based on our experience in interacting with various builders and associations, we have collated a check list that associations can use when in dialogue with the builder on the handover process:
1. Get approved building plan which includes block-wise and floor-wise details
2. Collect the Completion Certificate which ensures adherence of the approved plan
3. No Objection certificates from pollution, fire, water and electricity authorities
4. Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal on the drawings
5. Registration and parent documents
6. Drainage, sewage, Fire protection and common area power layout drawings
7. Car parking layout drawings (with numbering)
8. Asset Inventory of all movable and immovable equipment purchased; numbered in order (list needs to be exhaustive)
9. Record of recent service history on key equipment’s like lifts, DG sets, STP and WTP
10.AMC and warranty details; Original bills of equipment purchased (motors, Sewage and Water Treatment Plant, Generators, Gym items like treadmill)
11.Lift license details and next renewal date
12.STP/WTP vendor details, plant layout, operation manual and drawings
13.Receipts of property, electricity and water payments paid
14.Handover of corpus amount to the association
15.Share recent expenses incurred on various maintenance activities and account heads; will assist to budget coming year (staff salaries, purchase of cleaning material, swimming pool maintenance etc)
16.Contract signed with maintenance agency; agreed SLAs
17.Insurance taken for assets and third party lift insurance
18.Audited account statement at the time of handover
19. Arrange for introductory meeting with important suppliers and vendors

*SOCIETY REGISTRATION AND FORMATION
Forming a legal society is of utmost importance. It helps society owners to reap unlimited benefits and maintain smooth functioning. It is mandatory for developers to create societies and provide a final handover to the owners. However, many developers do not comply with these procedures and hence flat owners lose that added benefit that a legal society enjoys.
We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.
We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.
Our specialized services include:
Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

*SOCIETY FORMATION AND HANDOVER
60 % of the Promoters are must be ready to form Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.
When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society
Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.
For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow
Applications for Name to be reserved for Proposed Society’s
Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
Application form “A” 4 copies
Information in Annexture ” A ” ” B ” ” C ” 4 copies
Bye-Law of the Society 2 copies
Details of Accounts Annexture ” D ” 2 copies
Bank Balance Certificate in Original 1 copy in Original
Agreement of Flat 1 copy
Advocate Search Report 2 copy [Title Certificate]
Society’s Building Plan 2 copies
Lay Out Plan 2 copies
Sanction Plan from Authority 2 copies
O.C / C.C copy 2 copies
Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
NA Certificate / ULC 2 copy
Plot area Land Map 2 copies
Scheme
Registration Fee Challan for Rs.2500 1 copy original
Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy

All this forms are available at your District Co-operative Housing Society Federation.
On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.
If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.
Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year. After electing PWC the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar
When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society. For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or Accountant are not been kept.

*DUTIES AND RESPONSIBILITIES OF THE MANAGING COMMITTEE OF COOPERATIVE HOUSING SOCIETY:-
Putting a board displaying name of the society, full address with registered survey No. and Registration No. near the main gate of the society which could be seen easily.
To raise funds for the society.
Recommend to the society for deciding maintenance fee, repair and deposit amount.
To give membership, pass the resignation of members similarly to take decision regarding nomination of the members.
Internal inspection of the flat.
To take decision on the various applications received from the members.
To take action against the defaulting members.
To issue Share Certificate to the members.
To call monthly meeting of the committee and finalize its minutes.
To determine agenda of the annual meeting and to call Annual Meeting in prescribed period.
To organize special general body meeting as required.
To make arrangement of election for the formation of a new committee before expiring the term of the managing committee.
To select office bearers by forming the new committee after election.
After taking charge of the office by the members of the managing committee,it is obligatory on them to execute bond under Section 73(1) (1AB) in M-20 (bond paper of Rs.100/- and each separately on the cost of the society) and to include the same in the record of the society. Similarly, the responsibility to inform the concerned Registrar in the regard is entrusted with Secretary.
It is necessary to take detailed note of taking charge, handover of record with its detailed list of the record received in the minutes of the managing committee meeting. Thereby the record regarding exactly which files received in whose possession and on which date is available with the society permanently.
To fill up the vacant post in the managing committee as per provision in the bye-laws and Rule No. 60(5) of Maharashtra Co-operative Rule 1961.
To accept the resignation of the members of Managing Committee.
To keep neatly the files of members and society records.
To finalize the financial statement of the society within 45 days at the end of the financial year.
To submit society’s record for Audit.
To make available papers mentioned in Section 32 as per members demand.
To take decision as per provisions in by laws and laws on the complaints received from the members.
To give necessary information to the members if he contacted society for selling of the flat and co-operate him for selling as per provisions in by-laws and laws.
To take decision on the applicant regarding letting of the flat and inform the same to the concerned member within prescribed time limit.
To make agreements as necessary on behalf of the society.
To take necessary action for keeping the property of the society in order.
To take insurance policy of the building and property of the society.
To give approval for change in utilization of flat.
To inspect flat of the member internally by taking prior appointment for the purposes of leakage/structural audit etc.
To initiate action as per provision in law if the member makes hindrance in internal inspection.
To sanction the amendments in laws, rules, bye-laws suggested by the government from time to time with the approval of the general body meeting.
It is obligatory on the part of the government to give details of the bill/bifurcation and also as per which resolution/ bye- law if the members demand so.
It is obligatory on the part of the society to accept less amount paid by the member than the amount shown in the bill and it is necessary to give receipt of thereof.
There is a provision in the sub-rule about how much maximum interest to be charged. However, it is necessary to make resolution in the general body meeting about charging interest.
By doing structural audit of the building, necessary repairs should have been carried out with the approval of the general body meeting.
If the society does not have funds and if any member is ready to do leakage work on his own cost, then to form the rules in that regard and take approval of the general body meeting for the same.
To submit the fault rectifying report in ‘O’ form by rectifying the faults in the audit report, within three months to the Auditor and to send its copy to the Registrar.

*WHY A CO-OPERATIVE HOUSING SOCIETY IS BETTER THAN APARTMENT OWNERS ASSOCIATION?
1. The builder is interested in using the increased FSI which will be awarded by the govt. for that area at any time in future. If the ‘Society’ is formed, then upon the transfer and conveyance of land in favour of the Society, the increased FSI will be owned by the Society and the builder shall not have any right over it. But if it is an Apartment, then the builder owns that increased FSI and can use it anywhere. Thus, the builder will keep taking advantage of every increase in FSI throughout in the future.

2. In an Apartment, the builder retains the ownership of the open spaces which are not included in the saleable area. Example – Terrace or any open parking/stairs space which is not included in the saleable area. But in case of Society, the builder cannot retain any right on any of these areas and has to hand over everything to the Society. The Maharashtra Apartment Ownership Act also provides for the ownership of an individual Apartment in a building and to make such Apartment heritable and transferable property.

3. Bye-laws and Rules of ‘Society’ are binding on all the residents and nobody can act as per his/her whims. Hence, if the Society decides to ban any objectionable commercial activities in the flats such as noise-making music classes or using the flat for catering or courier activities etc or not to rent out to bachelors etc, then all the residents have to abide by it. But if it is an Apartment, then owners can violate the Apartment Rules and the Apartment Body can just file a case in the Civil Court. However, while the Society disputes are resolved in a separate Court i.e. Co-operative Court dealing with Society matters and hence they are fast resolved whereas, the Apartment matters have to be taken to the normal Civil Court and hence they typically take years and decades to resolve.

4. When the building contemplates redevelopment after 25-30 years, the Society’s decision will be final and hence the Society members will have negotiation power with the builder at that time. But if in case of an Apartment, the consent of every Apartment-owner is required and hence it goes into an endless delay due to lack of a common decision acceptable to everybody. There are many instances in Mumbai wherein finally the dilapidated buildings had to be forcefully vacated by an eviction order from Court since they became unlivable. Thus, while the decisions are taken on a ‘majority’ basis in Society, the Apartment goes with rule of ‘Acceptable by Everybody’. So if the builder has retained even one flat in an Apartment, he will play a veto card in his favour at the time of redevelopment.

*FORMATION / REGISTRATION OF CO-OPERATIVE HOUSING SOCIETIES IN PUNE
According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),
It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.
There are four types of Housing Co-operative Societies
(a) Open Plot type Societies [Tenant ownership]
(b) Flat Owners Societies [Tenant Co-partnership]
(c) Tenant Societies
(d) Housing Board Societies.

The procedure for Co-operative Housing Society Registration begins with electing a Chief Promoter in a meeting of the Promoters. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer / flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters. Normally, the name reservation proposal should be accompanied by the signature of at least 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach a number of 10.

It would be of interest to note that the model bye-laws define flat as a Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society.
The documents that need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under:

1. Application for registration of Housing Co-operative Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative Society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 100/- Stamp Paper from at least 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of an agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorizing the promoter to sign on behalf of firm / company.
15. In the case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal. It is the duty of the Registrar to register the society and on registration of the society, it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society, the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. The quantum of the capital being introduced by the member is not of much importance. Preference should be given to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

*CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER
During the handover procedure it is important to record and file all details related to the process so that even if problems arise years later, all you need to do is look through this set of records and, accordingly, figure out what to do next.
The builder-residents society handover procedure needs to be structured, but that’s not where the process ends. There are a few things you should remember to check even after the builder hands over your society.

1)Make sure all society related issues are recorded and filed: All defects that you find should be typed as a letter with a signed acknowledgement of the same from the builder, so he is obligated to fix them. All important e-mails should be printed and kept safely for future references.

2)Make sure you make good use of the builder provided warranty period: Builders generally offer a warranty period within which defects are to be pointed out and duly fixed.

3)Form a team of volunteers to check and cross check all formalities are done correctly: Apart from the Management Committee, it is recommended that you bring together a group of residents to volunteer in making sure all necessary documents have been collected and all required formalities have been done. (To learn what documents you need during society handover, read ‘Keep a Check on These When Builder Hands Over Your Housing Society’)

4)Get a community management software to help you keep a permanent track of records: Getting a society management portal will prove significantly helpful in the overall management of your community activities in the long run. (For example: Common Floor Groups portal. With its many features such as Discussion, Complaints, My Dues, Issue Tracker, Documents repository this portal will serve as a platform to execute and manage community related activities effectively.)

5)Keep originals safely and copies separately with the Committee President: Make sure you keep originals of documents at a safe place such as the Association office and their copies with the Committee President which, when his tenure ends, are passed on to his successor.
6)Make sure you have all documents mentioned on the ‘Handover’ Checklist: Double check that you have all documents mentioned on the handover checklist in ‘Keep a Check on These When Builder Hands Over Your Housing Society’.

*BUILDER-NON COOPERATION CO-OPERATIVE HOUSING SOCIETY
If builder/promoter procrastinate in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the authorized officer (District Dy. Registrar in the respective district, who have given power under section 10(1) of the Maharashtra Ownership Flats Act 1963 (For making regulation for encouraging their constructions, their sale, management and transfer).
While submitting the said proposal, following documents are Necessary.
• 7/12 extract of the land or property card.
• Competent Authority Certificate regarding non-Agricultural land.
• Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
• Letter of given permission for construction.
• Completion certificate of Construction.
• Development Agreement if the land is taken for development.
• Power of Authority letter of the Land.
• Copy of the Title search Report.
• Agreement copy of the flat purchased.
• Architect certificate regarding construction.
• List of the Members.
• Scheme of the Society.
• Application regarding reservation of Name.
• Minimum 10 Members shall necessary for the registration of the Society.
• Application for registration of Society (A Form)
• Table containing information of the society (B Form)
• Table containing information of the members (C Form)
• Statement of Accounts of the members (D Form)
• Notarized guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
• Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
• Affidavit of the Members (Minimum 10 promoters’ Affidavit)
• Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
• Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District
• Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfillment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

PROCEDURE FOR REGISTRATION OF CO-OP. SOCIETIES
1.The first Step is to get 10 Individuals together who are desirous of forming a Society.
2.A Provisional Committee should be formed and a chief Promoter should be elected from amongst them.
3.A Name for the Society has to be selected.
4.An Application has to be made to the Registration Authority for reservation of Name and a letter to that effect has to be obtained confirming the reservation of Name. The name once reserved is valid for 3 Months.
5.The entrance fees and share capital has to be collected from the prospective members.
6.A Bank account has to be opened in the name of the proposed society as per the directions of the registration Authority. The entrance fees and share money has to be deposited in the bank account and the certificate from the bank has to be obtained in that respect.
7.The registration fees has to be deposited with the Reserve Bank of India and receipted 1challan thereof is to be obtained.
8.The application for registration of the society should be submitted to the Registrar of Societies of the concerned municipal ward. The documents to be submitted for registration are as follows:

a. Form No. A in quadruplicate signed by 90% of the promoter members
b. List of promoter members
c. Bank Certificate
d. Detailed explanation of working of the society.
e. 4 copies of proposed bye-laws of the society.
f. Proof of payment of registration charges.
g. Other documents like affidavits, indemnity bonds, any documents specified by the Registrar also have to be submitted.
9.The Registrar will enter the particulars in register of application maintained in Form “B” and give serial number and issue receipt in acknowledgment of the same.
10.On registration, the Registrar will notify the registration of the Society in the Official Gazette and issue Registration Certificate.

By |November 1st, 2017|Advocates for Society Registration and Formation|Comments Off on Advocates for Society Registration and Formation

Advocates for Society Formation in Pune

REGISTER A NEW HOUSING SOCIETY

First general body meeting (before registration)
In this meeting under Society’s Model Bye-law 3(iii), the Chief Promoter (could be the builder) is primarily selected by the promoters, who are members co-signing the registration application before the Registering Authority, under Bye-law 3(xii).
Application for registration

Normally, the name reservation proposal should be accompanied with the society resolutions and signatures of at least 10 Promoters who have attended the meeting. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the society is registered or its registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit registration proposal to the registering authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed society.
Co-operative Societies Commissioner & Registrar’s GR No. SAGRUVO/1094/Pra.Kra 277/14C dated 10 March 1995 says “By exercising the powers in section 7 of the Co-operative Societies Act 1960 the government is pleased to exempt the provision of minimum 10 members for registering co-operative Housing society under sub-clause 1 in Section 6 of the said Act subject to the conditions that the plinth area of each flat in the proposed co-operative Housing Society should not be more than 700 sq. ft and FSI should not be balance for utilization in the proposed societies land/ building.
If builder/ promoter is not co-operating in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the District Deputy Registrar, who has been given power under section 10(1) of the Maharashtra Ownership Flats Act 1963. While submitting the said proposal, a Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200 is required.

Approval by Registrar
It is the duty of the concerned Registrar to register the Co-operative Housing Society, by scrutinizing the proposal submitted after fulfillment of above mentioned documents, and shall make an arrangement of issuing certificate of registration society under Section 9(1) of the Maharashtra Co-operative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter. The order regarding registration of society should have been sent for publishing in government gazette to the Government Printing Press for appropriate action. It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar.
If proposal of society registration is denied or no decision is taken within two months then it is necessary to send that proposal to the Divisional Joint Registrar, Co-operative Societies under Section 152 of the Maharashtra Co. operative societies Act, can be approached.

First General Body Meeting obligatory Agenda (after registration):
• To elect a Chairman for the meeting
• To admit persons to membership who have applied for membership of the society.
• To elect a provisional Managing Committee
• To receive and approve the statement of account as prepared by the Chief Promoter of the society up to 14 days prior to the first general body meeting of the society.
• To authorize the committee to secure conveyance of right title and interest in the property in the name of the society from the promoter builder
• To impose restrictions on raising loan amount from outside
• To appoint internal auditor and to fix his remuneration
• To authorize one of the members of the provisional committee to call the first meeting of the provisional committee
• To take decision about taking membership of District Housing Federation and other institutions
• To give power to one member of provisional management committee to call meeting of the managing committee
• To consider the matters raised by the member except these matters which are necessary for giving advance notice with the permission of chairman and eleventh hour matter and to make resolution in that regard.

*BUILDER’S HANDOVER PROCESS:-
The date of handover from builder to the registered owners association is an important day for new apartment owners and all residents. It has to be taken seriously and detailed due diligence must be done when interacting with the builders during this handover process. Once the formal handover to the Owners Association is completed, the onus is on the association to run the affairs of the society and to ensure its smooth functioning. The association must be prepared for this day for 3+ months leading to this event.
It is recommended that owners collaboratively engage with the builder right from late construction stages that will help them to take-up this responsibility in future. The builders can also reach out to representatives from the owners group to assist in the selection of maintenance agency which prepares them for the handover process.

Based on our experience in interacting with various builders and associations, we have collated a check list that associations can use when in dialogue with the builder on the handover process:
1. Get approved building plan which includes block-wise and floor-wise details
2. Collect the Completion Certificate which ensures adherence of the approved plan
3. No Objection certificates from pollution, fire, water and electricity authorities
4. Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal on the drawings
5. Registration and parent documents
6. Drainage, sewage, Fire protection and common area power layout drawings
7. Car parking layout drawings (with numbering)
8. Asset Inventory of all movable and immovable equipment purchased; numbered in order (list needs to be exhaustive)
9. Record of recent service history on key equipment’s like lifts, DG sets, STP and WTP
10.AMC and warranty details; Original bills of equipment purchased (motors, Sewage and Water Treatment Plant, Generators, Gym items like treadmill)
11.Lift license details and next renewal date
12.STP/WTP vendor details, plant layout, operation manual and drawings
13.Receipts of property, electricity and water payments paid
14.Handover of corpus amount to the association
15.Share recent expenses incurred on various maintenance activities and account heads; will assist to budget coming year (staff salaries, purchase of cleaning material, swimming pool maintenance etc)
16.Contract signed with maintenance agency; agreed SLAs
17.Insurance taken for assets and third party lift insurance
18.Audited account statement at the time of handover
19. Arrange for introductory meeting with important suppliers and vendors

*SOCIETY REGISTRATION AND FORMATION
Forming a legal society is of utmost importance. It helps society owners to reap unlimited benefits and maintain smooth functioning. It is mandatory for developers to create societies and provide a final handover to the owners. However, many developers do not comply with these procedures and hence flat owners lose that added benefit that a legal society enjoys.
We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.
We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.
Our specialized services include:
Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

*SOCIETY FORMATION AND HANDOVER
60 % of the Promoters are must be ready to form Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.
When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society
Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.
For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow
Applications for Name to be reserved for Proposed Society’s
Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
Application form “A” 4 copies
Information in Annexture ” A ” ” B ” ” C ” 4 copies
Bye-Law of the Society 2 copies
Details of Accounts Annexture ” D ” 2 copies
Bank Balance Certificate in Original 1 copy in Original
Agreement of Flat 1 copy
Advocate Search Report 2 copy [Title Certificate]
Society’s Building Plan 2 copies
Lay Out Plan 2 copies
Sanction Plan from Authority 2 copies
O.C / C.C copy 2 copies
Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
NA Certificate / ULC 2 copy
Plot area Land Map 2 copies
Scheme
Registration Fee Challan for Rs.2500 1 copy original
Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy

All this forms are available at your District Co-operative Housing Society Federation.
On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.
If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.
Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year. After electing PWC the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar
When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society. For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or Accountant are not been kept.

*DUTIES AND RESPONSIBILITIES OF THE MANAGING COMMITTEE OF COOPERATIVE HOUSING SOCIETY:-
Putting a board displaying name of the society, full address with registered survey No. and Registration No. near the main gate of the society which could be seen easily.
To raise funds for the society.
Recommend to the society for deciding maintenance fee, repair and deposit amount.
To give membership, pass the resignation of members similarly to take decision regarding nomination of the members.
Internal inspection of the flat.
To take decision on the various applications received from the members.
To take action against the defaulting members.
To issue Share Certificate to the members.
To call monthly meeting of the committee and finalize its minutes.
To determine agenda of the annual meeting and to call Annual Meeting in prescribed period.
To organize special general body meeting as required.
To make arrangement of election for the formation of a new committee before expiring the term of the managing committee.
To select office bearers by forming the new committee after election.
After taking charge of the office by the members of the managing committee,it is obligatory on them to execute bond under Section 73(1) (1AB) in M-20 (bond paper of Rs.100/- and each separately on the cost of the society) and to include the same in the record of the society. Similarly, the responsibility to inform the concerned Registrar in the regard is entrusted with Secretary.
It is necessary to take detailed note of taking charge, handover of record with its detailed list of the record received in the minutes of the managing committee meeting. Thereby the record regarding exactly which files received in whose possession and on which date is available with the society permanently.
To fill up the vacant post in the managing committee as per provision in the bye-laws and Rule No. 60(5) of Maharashtra Co-operative Rule 1961.
To accept the resignation of the members of Managing Committee.
To keep neatly the files of members and society records.
To finalize the financial statement of the society within 45 days at the end of the financial year.
To submit society’s record for Audit.
To make available papers mentioned in Section 32 as per members demand.
To take decision as per provisions in by laws and laws on the complaints received from the members.
To give necessary information to the members if he contacted society for selling of the flat and co-operate him for selling as per provisions in by-laws and laws.
To take decision on the applicant regarding letting of the flat and inform the same to the concerned member within prescribed time limit.
To make agreements as necessary on behalf of the society.
To take necessary action for keeping the property of the society in order.
To take insurance policy of the building and property of the society.
To give approval for change in utilization of flat.
To inspect flat of the member internally by taking prior appointment for the purposes of leakage/structural audit etc.
To initiate action as per provision in law if the member makes hindrance in internal inspection.
To sanction the amendments in laws, rules, bye-laws suggested by the government from time to time with the approval of the general body meeting.
It is obligatory on the part of the government to give details of the bill/bifurcation and also as per which resolution/ bye- law if the members demand so.
It is obligatory on the part of the society to accept less amount paid by the member than the amount shown in the bill and it is necessary to give receipt of thereof.
There is a provision in the sub-rule about how much maximum interest to be charged. However, it is necessary to make resolution in the general body meeting about charging interest.
By doing structural audit of the building, necessary repairs should have been carried out with the approval of the general body meeting.
If the society does not have funds and if any member is ready to do leakage work on his own cost, then to form the rules in that regard and take approval of the general body meeting for the same.
To submit the fault rectifying report in ‘O’ form by rectifying the faults in the audit report, within three months to the Auditor and to send its copy to the Registrar.

*WHY A CO-OPERATIVE HOUSING SOCIETY IS BETTER THAN APARTMENT OWNERS ASSOCIATION?
1. The builder is interested in using the increased FSI which will be awarded by the govt. for that area at any time in future. If the ‘Society’ is formed, then upon the transfer and conveyance of land in favour of the Society, the increased FSI will be owned by the Society and the builder shall not have any right over it. But if it is an Apartment, then the builder owns that increased FSI and can use it anywhere. Thus, the builder will keep taking advantage of every increase in FSI throughout in the future.

2. In an Apartment, the builder retains the ownership of the open spaces which are not included in the saleable area. Example – Terrace or any open parking/stairs space which is not included in the saleable area. But in case of Society, the builder cannot retain any right on any of these areas and has to hand over everything to the Society. The Maharashtra Apartment Ownership Act also provides for the ownership of an individual Apartment in a building and to make such Apartment heritable and transferable property.

3. Bye-laws and Rules of ‘Society’ are binding on all the residents and nobody can act as per his/her whims. Hence, if the Society decides to ban any objectionable commercial activities in the flats such as noise-making music classes or using the flat for catering or courier activities etc or not to rent out to bachelors etc, then all the residents have to abide by it. But if it is an Apartment, then owners can violate the Apartment Rules and the Apartment Body can just file a case in the Civil Court. However, while the Society disputes are resolved in a separate Court i.e. Co-operative Court dealing with Society matters and hence they are fast resolved whereas, the Apartment matters have to be taken to the normal Civil Court and hence they typically take years and decades to resolve.

4. When the building contemplates redevelopment after 25-30 years, the Society’s decision will be final and hence the Society members will have negotiation power with the builder at that time. But if in case of an Apartment, the consent of every Apartment-owner is required and hence it goes into an endless delay due to lack of a common decision acceptable to everybody. There are many instances in Mumbai wherein finally the dilapidated buildings had to be forcefully vacated by an eviction order from Court since they became unlivable. Thus, while the decisions are taken on a ‘majority’ basis in Society, the Apartment goes with rule of ‘Acceptable by Everybody’. So if the builder has retained even one flat in an Apartment, he will play a veto card in his favour at the time of redevelopment.

*FORMATION / REGISTRATION OF CO-OPERATIVE HOUSING SOCIETIES IN PUNE
According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),
It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.
There are four types of Housing Co-operative Societies
(a) Open Plot type Societies [Tenant ownership]
(b) Flat Owners Societies [Tenant Co-partnership]
(c) Tenant Societies
(d) Housing Board Societies.

The procedure for Co-operative Housing Society Registration begins with electing a Chief Promoter in a meeting of the Promoters. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer / flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters. Normally, the name reservation proposal should be accompanied by the signature of at least 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach a number of 10.

It would be of interest to note that the model bye-laws define flat as a Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society.
The documents that need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under:

1. Application for registration of Housing Co-operative Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative Society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 100/- Stamp Paper from at least 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of an agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorizing the promoter to sign on behalf of firm / company.
15. In the case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal. It is the duty of the Registrar to register the society and on registration of the society, it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society, the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. The quantum of the capital being introduced by the member is not of much importance. Preference should be given to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

*CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER
During the handover procedure it is important to record and file all details related to the process so that even if problems arise years later, all you need to do is look through this set of records and, accordingly, figure out what to do next.
The builder-residents society handover procedure needs to be structured, but that’s not where the process ends. There are a few things you should remember to check even after the builder hands over your society.

1)Make sure all society related issues are recorded and filed: All defects that you find should be typed as a letter with a signed acknowledgement of the same from the builder, so he is obligated to fix them. All important e-mails should be printed and kept safely for future references.

2)Make sure you make good use of the builder provided warranty period: Builders generally offer a warranty period within which defects are to be pointed out and duly fixed.

3)Form a team of volunteers to check and cross check all formalities are done correctly: Apart from the Management Committee, it is recommended that you bring together a group of residents to volunteer in making sure all necessary documents have been collected and all required formalities have been done. (To learn what documents you need during society handover, read ‘Keep a Check on These When Builder Hands Over Your Housing Society’)

4)Get a community management software to help you keep a permanent track of records: Getting a society management portal will prove significantly helpful in the overall management of your community activities in the long run. (For example: Common Floor Groups portal. With its many features such as Discussion, Complaints, My Dues, Issue Tracker, Documents repository this portal will serve as a platform to execute and manage community related activities effectively.)

5)Keep originals safely and copies separately with the Committee President: Make sure you keep originals of documents at a safe place such as the Association office and their copies with the Committee President which, when his tenure ends, are passed on to his successor.
6)Make sure you have all documents mentioned on the ‘Handover’ Checklist: Double check that you have all documents mentioned on the handover checklist in ‘Keep a Check on These When Builder Hands Over Your Housing Society’.

*BUILDER-NON COOPERATION CO-OPERATIVE HOUSING SOCIETY
If builder/promoter procrastinate in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the authorized officer (District Dy. Registrar in the respective district, who have given power under section 10(1) of the Maharashtra Ownership Flats Act 1963 (For making regulation for encouraging their constructions, their sale, management and transfer).
While submitting the said proposal, following documents are Necessary.
• 7/12 extract of the land or property card.
• Competent Authority Certificate regarding non-Agricultural land.
• Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
• Letter of given permission for construction.
• Completion certificate of Construction.
• Development Agreement if the land is taken for development.
• Power of Authority letter of the Land.
• Copy of the Title search Report.
• Agreement copy of the flat purchased.
• Architect certificate regarding construction.
• List of the Members.
• Scheme of the Society.
• Application regarding reservation of Name.
• Minimum 10 Members shall necessary for the registration of the Society.
• Application for registration of Society (A Form)
• Table containing information of the society (B Form)
• Table containing information of the members (C Form)
• Statement of Accounts of the members (D Form)
• Notarized guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
• Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
• Affidavit of the Members (Minimum 10 promoters’ Affidavit)
• Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
• Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District
• Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfillment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

PROCEDURE FOR REGISTRATION OF CO-OP. SOCIETIES
1.The first Step is to get 10 Individuals together who are desirous of forming a Society.
2.A Provisional Committee should be formed and a chief Promoter should be elected from amongst them.
3.A Name for the Society has to be selected.
4.An Application has to be made to the Registration Authority for reservation of Name and a letter to that effect has to be obtained confirming the reservation of Name. The name once reserved is valid for 3 Months.
5.The entrance fees and share capital has to be collected from the prospective members.
6.A Bank account has to be opened in the name of the proposed society as per the directions of the registration Authority. The entrance fees and share money has to be deposited in the bank account and the certificate from the bank has to be obtained in that respect.
7.The registration fees has to be deposited with the Reserve Bank of India and receipted 1challan thereof is to be obtained.
8.The application for registration of the society should be submitted to the Registrar of Societies of the concerned municipal ward. The documents to be submitted for registration are as follows:

a. Form No. A in quadruplicate signed by 90% of the promoter members
b. List of promoter members
c. Bank Certificate
d. Detailed explanation of working of the society.
e. 4 copies of proposed bye-laws of the society.
f. Proof of payment of registration charges.
g. Other documents like affidavits, indemnity bonds, any documents specified by the Registrar also have to be submitted.
9.The Registrar will enter the particulars in register of application maintained in Form “B” and give serial number and issue receipt in acknowledgment of the same.
10.On registration, the Registrar will notify the registration of the Society in the Official Gazette and issue Registration Certificate.

By |November 1st, 2017|Advocates for Society Formation in Pune|Comments Off on Advocates for Society Formation in Pune

Advocates for register a new housing society

REGISTER A NEW HOUSING SOCIETY

First general body meeting (before registration)
In this meeting under Society’s Model Bye-law 3(iii), the Chief Promoter (could be the builder) is primarily selected by the promoters, who are members co-signing the registration application before the Registering Authority, under Bye-law 3(xii).
Application for registration

Normally, the name reservation proposal should be accompanied with the society resolutions and signatures of at least 10 Promoters who have attended the meeting. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the society is registered or its registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit registration proposal to the registering authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed society.
Co-operative Societies Commissioner & Registrar’s GR No. SAGRUVO/1094/Pra.Kra 277/14C dated 10 March 1995 says “By exercising the powers in section 7 of the Co-operative Societies Act 1960 the government is pleased to exempt the provision of minimum 10 members for registering co-operative Housing society under sub-clause 1 in Section 6 of the said Act subject to the conditions that the plinth area of each flat in the proposed co-operative Housing Society should not be more than 700 sq. ft and FSI should not be balance for utilization in the proposed societies land/ building.
If builder/ promoter is not co-operating in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the District Deputy Registrar, who has been given power under section 10(1) of the Maharashtra Ownership Flats Act 1963. While submitting the said proposal, a Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200 is required.

Approval by Registrar
It is the duty of the concerned Registrar to register the Co-operative Housing Society, by scrutinizing the proposal submitted after fulfillment of above mentioned documents, and shall make an arrangement of issuing certificate of registration society under Section 9(1) of the Maharashtra Co-operative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter. The order regarding registration of society should have been sent for publishing in government gazette to the Government Printing Press for appropriate action. It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar.
If proposal of society registration is denied or no decision is taken within two months then it is necessary to send that proposal to the Divisional Joint Registrar, Co-operative Societies under Section 152 of the Maharashtra Co. operative societies Act, can be approached.

First General Body Meeting obligatory Agenda (after registration):
• To elect a Chairman for the meeting
• To admit persons to membership who have applied for membership of the society.
• To elect a provisional Managing Committee
• To receive and approve the statement of account as prepared by the Chief Promoter of the society up to 14 days prior to the first general body meeting of the society.
• To authorize the committee to secure conveyance of right title and interest in the property in the name of the society from the promoter builder
• To impose restrictions on raising loan amount from outside
• To appoint internal auditor and to fix his remuneration
• To authorize one of the members of the provisional committee to call the first meeting of the provisional committee
• To take decision about taking membership of District Housing Federation and other institutions
• To give power to one member of provisional management committee to call meeting of the managing committee
• To consider the matters raised by the member except these matters which are necessary for giving advance notice with the permission of chairman and eleventh hour matter and to make resolution in that regard.

*BUILDER’S HANDOVER PROCESS:-
The date of handover from builder to the registered owners association is an important day for new apartment owners and all residents. It has to be taken seriously and detailed due diligence must be done when interacting with the builders during this handover process. Once the formal handover to the Owners Association is completed, the onus is on the association to run the affairs of the society and to ensure its smooth functioning. The association must be prepared for this day for 3+ months leading to this event.
It is recommended that owners collaboratively engage with the builder right from late construction stages that will help them to take-up this responsibility in future. The builders can also reach out to representatives from the owners group to assist in the selection of maintenance agency which prepares them for the handover process.

Based on our experience in interacting with various builders and associations, we have collated a check list that associations can use when in dialogue with the builder on the handover process:
1. Get approved building plan which includes block-wise and floor-wise details
2. Collect the Completion Certificate which ensures adherence of the approved plan
3. No Objection certificates from pollution, fire, water and electricity authorities
4. Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal on the drawings
5. Registration and parent documents
6. Drainage, sewage, Fire protection and common area power layout drawings
7. Car parking layout drawings (with numbering)
8. Asset Inventory of all movable and immovable equipment purchased; numbered in order (list needs to be exhaustive)
9. Record of recent service history on key equipment’s like lifts, DG sets, STP and WTP
10.AMC and warranty details; Original bills of equipment purchased (motors, Sewage and Water Treatment Plant, Generators, Gym items like treadmill)
11.Lift license details and next renewal date
12.STP/WTP vendor details, plant layout, operation manual and drawings
13.Receipts of property, electricity and water payments paid
14.Handover of corpus amount to the association
15.Share recent expenses incurred on various maintenance activities and account heads; will assist to budget coming year (staff salaries, purchase of cleaning material, swimming pool maintenance etc)
16.Contract signed with maintenance agency; agreed SLAs
17.Insurance taken for assets and third party lift insurance
18.Audited account statement at the time of handover
19. Arrange for introductory meeting with important suppliers and vendors

*SOCIETY REGISTRATION AND FORMATION
Forming a legal society is of utmost importance. It helps society owners to reap unlimited benefits and maintain smooth functioning. It is mandatory for developers to create societies and provide a final handover to the owners. However, many developers do not comply with these procedures and hence flat owners lose that added benefit that a legal society enjoys.
We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.
We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.
Our specialized services include:
Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

*SOCIETY FORMATION AND HANDOVER
60 % of the Promoters are must be ready to form Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.
When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society
Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.
For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow
Applications for Name to be reserved for Proposed Society’s
Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
Application form “A” 4 copies
Information in Annexture ” A ” ” B ” ” C ” 4 copies
Bye-Law of the Society 2 copies
Details of Accounts Annexture ” D ” 2 copies
Bank Balance Certificate in Original 1 copy in Original
Agreement of Flat 1 copy
Advocate Search Report 2 copy [Title Certificate]
Society’s Building Plan 2 copies
Lay Out Plan 2 copies
Sanction Plan from Authority 2 copies
O.C / C.C copy 2 copies
Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
NA Certificate / ULC 2 copy
Plot area Land Map 2 copies
Scheme
Registration Fee Challan for Rs.2500 1 copy original
Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy

All this forms are available at your District Co-operative Housing Society Federation.
On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.
If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.
Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year. After electing PWC the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar
When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society. For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or Accountant are not been kept.

*DUTIES AND RESPONSIBILITIES OF THE MANAGING COMMITTEE OF COOPERATIVE HOUSING SOCIETY:-
Putting a board displaying name of the society, full address with registered survey No. and Registration No. near the main gate of the society which could be seen easily.
To raise funds for the society.
Recommend to the society for deciding maintenance fee, repair and deposit amount.
To give membership, pass the resignation of members similarly to take decision regarding nomination of the members.
Internal inspection of the flat.
To take decision on the various applications received from the members.
To take action against the defaulting members.
To issue Share Certificate to the members.
To call monthly meeting of the committee and finalize its minutes.
To determine agenda of the annual meeting and to call Annual Meeting in prescribed period.
To organize special general body meeting as required.
To make arrangement of election for the formation of a new committee before expiring the term of the managing committee.
To select office bearers by forming the new committee after election.
After taking charge of the office by the members of the managing committee,it is obligatory on them to execute bond under Section 73(1) (1AB) in M-20 (bond paper of Rs.100/- and each separately on the cost of the society) and to include the same in the record of the society. Similarly, the responsibility to inform the concerned Registrar in the regard is entrusted with Secretary.
It is necessary to take detailed note of taking charge, handover of record with its detailed list of the record received in the minutes of the managing committee meeting. Thereby the record regarding exactly which files received in whose possession and on which date is available with the society permanently.
To fill up the vacant post in the managing committee as per provision in the bye-laws and Rule No. 60(5) of Maharashtra Co-operative Rule 1961.
To accept the resignation of the members of Managing Committee.
To keep neatly the files of members and society records.
To finalize the financial statement of the society within 45 days at the end of the financial year.
To submit society’s record for Audit.
To make available papers mentioned in Section 32 as per members demand.
To take decision as per provisions in by laws and laws on the complaints received from the members.
To give necessary information to the members if he contacted society for selling of the flat and co-operate him for selling as per provisions in by-laws and laws.
To take decision on the applicant regarding letting of the flat and inform the same to the concerned member within prescribed time limit.
To make agreements as necessary on behalf of the society.
To take necessary action for keeping the property of the society in order.
To take insurance policy of the building and property of the society.
To give approval for change in utilization of flat.
To inspect flat of the member internally by taking prior appointment for the purposes of leakage/structural audit etc.
To initiate action as per provision in law if the member makes hindrance in internal inspection.
To sanction the amendments in laws, rules, bye-laws suggested by the government from time to time with the approval of the general body meeting.
It is obligatory on the part of the government to give details of the bill/bifurcation and also as per which resolution/ bye- law if the members demand so.
It is obligatory on the part of the society to accept less amount paid by the member than the amount shown in the bill and it is necessary to give receipt of thereof.
There is a provision in the sub-rule about how much maximum interest to be charged. However, it is necessary to make resolution in the general body meeting about charging interest.
By doing structural audit of the building, necessary repairs should have been carried out with the approval of the general body meeting.
If the society does not have funds and if any member is ready to do leakage work on his own cost, then to form the rules in that regard and take approval of the general body meeting for the same.
To submit the fault rectifying report in ‘O’ form by rectifying the faults in the audit report, within three months to the Auditor and to send its copy to the Registrar.

*WHY A CO-OPERATIVE HOUSING SOCIETY IS BETTER THAN APARTMENT OWNERS ASSOCIATION?
1. The builder is interested in using the increased FSI which will be awarded by the govt. for that area at any time in future. If the ‘Society’ is formed, then upon the transfer and conveyance of land in favour of the Society, the increased FSI will be owned by the Society and the builder shall not have any right over it. But if it is an Apartment, then the builder owns that increased FSI and can use it anywhere. Thus, the builder will keep taking advantage of every increase in FSI throughout in the future.

2. In an Apartment, the builder retains the ownership of the open spaces which are not included in the saleable area. Example – Terrace or any open parking/stairs space which is not included in the saleable area. But in case of Society, the builder cannot retain any right on any of these areas and has to hand over everything to the Society. The Maharashtra Apartment Ownership Act also provides for the ownership of an individual Apartment in a building and to make such Apartment heritable and transferable property.

3. Bye-laws and Rules of ‘Society’ are binding on all the residents and nobody can act as per his/her whims. Hence, if the Society decides to ban any objectionable commercial activities in the flats such as noise-making music classes or using the flat for catering or courier activities etc or not to rent out to bachelors etc, then all the residents have to abide by it. But if it is an Apartment, then owners can violate the Apartment Rules and the Apartment Body can just file a case in the Civil Court. However, while the Society disputes are resolved in a separate Court i.e. Co-operative Court dealing with Society matters and hence they are fast resolved whereas, the Apartment matters have to be taken to the normal Civil Court and hence they typically take years and decades to resolve.

4. When the building contemplates redevelopment after 25-30 years, the Society’s decision will be final and hence the Society members will have negotiation power with the builder at that time. But if in case of an Apartment, the consent of every Apartment-owner is required and hence it goes into an endless delay due to lack of a common decision acceptable to everybody. There are many instances in Mumbai wherein finally the dilapidated buildings had to be forcefully vacated by an eviction order from Court since they became unlivable. Thus, while the decisions are taken on a ‘majority’ basis in Society, the Apartment goes with rule of ‘Acceptable by Everybody’. So if the builder has retained even one flat in an Apartment, he will play a veto card in his favour at the time of redevelopment.

*FORMATION / REGISTRATION OF CO-OPERATIVE HOUSING SOCIETIES IN PUNE
According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),
It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.
There are four types of Housing Co-operative Societies
(a) Open Plot type Societies [Tenant ownership]
(b) Flat Owners Societies [Tenant Co-partnership]
(c) Tenant Societies
(d) Housing Board Societies.

The procedure for Co-operative Housing Society Registration begins with electing a Chief Promoter in a meeting of the Promoters. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer / flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters. Normally, the name reservation proposal should be accompanied by the signature of at least 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach a number of 10.

It would be of interest to note that the model bye-laws define flat as a Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society.
The documents that need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under:

1. Application for registration of Housing Co-operative Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative Society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 100/- Stamp Paper from at least 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of an agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorizing the promoter to sign on behalf of firm / company.
15. In the case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal. It is the duty of the Registrar to register the society and on registration of the society, it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society, the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. The quantum of the capital being introduced by the member is not of much importance. Preference should be given to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

*CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER
During the handover procedure it is important to record and file all details related to the process so that even if problems arise years later, all you need to do is look through this set of records and, accordingly, figure out what to do next.
The builder-residents society handover procedure needs to be structured, but that’s not where the process ends. There are a few things you should remember to check even after the builder hands over your society.

1)Make sure all society related issues are recorded and filed: All defects that you find should be typed as a letter with a signed acknowledgement of the same from the builder, so he is obligated to fix them. All important e-mails should be printed and kept safely for future references.

2)Make sure you make good use of the builder provided warranty period: Builders generally offer a warranty period within which defects are to be pointed out and duly fixed.

3)Form a team of volunteers to check and cross check all formalities are done correctly: Apart from the Management Committee, it is recommended that you bring together a group of residents to volunteer in making sure all necessary documents have been collected and all required formalities have been done. (To learn what documents you need during society handover, read ‘Keep a Check on These When Builder Hands Over Your Housing Society’)

4)Get a community management software to help you keep a permanent track of records: Getting a society management portal will prove significantly helpful in the overall management of your community activities in the long run. (For example: Common Floor Groups portal. With its many features such as Discussion, Complaints, My Dues, Issue Tracker, Documents repository this portal will serve as a platform to execute and manage community related activities effectively.)

5)Keep originals safely and copies separately with the Committee President: Make sure you keep originals of documents at a safe place such as the Association office and their copies with the Committee President which, when his tenure ends, are passed on to his successor.
6)Make sure you have all documents mentioned on the ‘Handover’ Checklist: Double check that you have all documents mentioned on the handover checklist in ‘Keep a Check on These When Builder Hands Over Your Housing Society’.

*BUILDER-NON COOPERATION CO-OPERATIVE HOUSING SOCIETY
If builder/promoter procrastinate in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the authorized officer (District Dy. Registrar in the respective district, who have given power under section 10(1) of the Maharashtra Ownership Flats Act 1963 (For making regulation for encouraging their constructions, their sale, management and transfer).
While submitting the said proposal, following documents are Necessary.
• 7/12 extract of the land or property card.
• Competent Authority Certificate regarding non-Agricultural land.
• Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
• Letter of given permission for construction.
• Completion certificate of Construction.
• Development Agreement if the land is taken for development.
• Power of Authority letter of the Land.
• Copy of the Title search Report.
• Agreement copy of the flat purchased.
• Architect certificate regarding construction.
• List of the Members.
• Scheme of the Society.
• Application regarding reservation of Name.
• Minimum 10 Members shall necessary for the registration of the Society.
• Application for registration of Society (A Form)
• Table containing information of the society (B Form)
• Table containing information of the members (C Form)
• Statement of Accounts of the members (D Form)
• Notarized guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
• Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
• Affidavit of the Members (Minimum 10 promoters’ Affidavit)
• Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
• Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District
• Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfillment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

PROCEDURE FOR REGISTRATION OF CO-OP. SOCIETIES
1.The first Step is to get 10 Individuals together who are desirous of forming a Society.
2.A Provisional Committee should be formed and a chief Promoter should be elected from amongst them.
3.A Name for the Society has to be selected.
4.An Application has to be made to the Registration Authority for reservation of Name and a letter to that effect has to be obtained confirming the reservation of Name. The name once reserved is valid for 3 Months.
5.The entrance fees and share capital has to be collected from the prospective members.
6.A Bank account has to be opened in the name of the proposed society as per the directions of the registration Authority. The entrance fees and share money has to be deposited in the bank account and the certificate from the bank has to be obtained in that respect.
7.The registration fees has to be deposited with the Reserve Bank of India and receipted 1challan thereof is to be obtained.
8.The application for registration of the society should be submitted to the Registrar of Societies of the concerned municipal ward. The documents to be submitted for registration are as follows:

a. Form No. A in quadruplicate signed by 90% of the promoter members
b. List of promoter members
c. Bank Certificate
d. Detailed explanation of working of the society.
e. 4 copies of proposed bye-laws of the society.
f. Proof of payment of registration charges.
g. Other documents like affidavits, indemnity bonds, any documents specified by the Registrar also have to be submitted.
9.The Registrar will enter the particulars in register of application maintained in Form “B” and give serial number and issue receipt in acknowledgment of the same.
10.On registration, the Registrar will notify the registration of the Society in the Official Gazette and issue Registration Certificate.

By |November 1st, 2017|ADVOCATES FOR REGISTER A NEW HOUSING SOCIETY|Comments Off on Advocates for register a new housing society

Best Lawyers for Company Registration Process In Pune

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.
Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.
Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.
Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).
4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |November 1st, 2017|Best Lawyers for Company Registration Process In Pune|Comments Off on Best Lawyers for Company Registration Process In Pune

Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.
Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.
Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.
Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).
4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |November 1st, 2017|COMPANY REGISTRATION PROCESS|Comments Off on Company Registration Process

Best Lawyers For Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.
Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.
Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.
Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).
4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |November 1st, 2017|Best Lawyers For Company Registration Process|Comments Off on Best Lawyers For Company Registration Process

Lawyers For Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.
Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.
Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.
Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).
4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |November 1st, 2017|Lawyers For Company Registration Process|Comments Off on Lawyers For Company Registration Process

Advocates For Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.
Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.
Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.
Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).
4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |November 1st, 2017|Advocates For Company Registration Process|Comments Off on Advocates For Company Registration Process

Lawyers for Deemed Conveyance Process in Pune

DEEMED CONVEYANCE

Most of the flat-owners of the newly constructed apartments do not have their sale deeds or conveyance deeds or even names in the 7/12. Mostly in the newly constructed buildings, the builders provide for making a housing co-operative society to which they shall transfer their interest in the property. Then the builders make the society but do not pass on the title of the property (read ownership) to the flat-owners or the society till he has sold all the flats in the building. Thus the builders are benefiting from the buyers lack of awareness and information.

To curb this practice, amendments were carried out in the Maharashtra Ownership Flats Act, 1963, in 2008 to appoint a Competent Authority (Registrar of Co-operative Housing Societies) to hear the grievances of such apartment owners and to safeguard the interest of such societies.

MEANING OF DEEMED CONVEYANCE: Conveyance means to transfer or convey anything to another person. In the legal sense Conveyance refers to the transfer of ownership or other interest in the property to the other party. Conveyance Deed is a document executed to transfer the title of land and building in favour of Society or Association of Persons (AOP). A deemed conveyance means when the builder/ promoter/ developer of the project refuses to sign the conveyance deed the court can sign the same on behalf of the builder and record the same in the government records.

WHEN IS THERE A NEED FOR DEEMED CONVEYANCE: In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society or association of persons (AOP), the society or AOP can make an application to Registrar of Co-operative Housing Societies, to transfer the ownership of the said flats to them. This process is carried on through Deemed Conveyance of the title of the buildings and land in favour of the Society or AOP without the need of the builder to do so.

IMPORTANCE AND PROVISION OF LAW ON CONVEYANCE: As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance; and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned up to 3 years or fined or both.

ADVANTAGES OF CONVEYANCE:
1. Getting a proper and legal title in the name of the Society.
2. Retaining the additional FSI as per the Government announcements.
3. Property will be free and marketable.
4. Society can raise the loans for repairs and reconstruction by mortgage.
5. Permission from planning authorities is possible if the building has to be reconstructed at a later date due to dilapidation of the structure due to age or by earthquake.
6. Society can take the benefit of TDR.
7. Members can receive compensation from Builder on redevelopment of the building.

DISADVANTAGES OF NOT HAVING CONVEYANCE DEED
1. Even though you have purchased ownership flat, you are not the owner of the land and building. 2. In the event of a building collapse or damage to the building, you cannot reconstruct the building without the permission of the Builder / Land owner.
3. The Builder/Developer may mortgage the property purchased by you as he is the legal owner and holding the Title Deeds of the Property.
4. The Builder/Developer may transfer the FSI/ TDR to his other projects and enjoy the commercial benefits, depriving the flat purchasers/Society of its legal entitlement.
5. The Builder may make profit by sale of open spaces, gardens, terrace, parking space belonging to the Society.
6. The Builder may demand a huge amount from the Society, if Conveyance is sought by the Society after a lapse of many years.
7. The Builder may sell the entire Development Rights and the Legal Rights on the land to third party and create a third party interest in the Property and the Society will have to incur a huge amount to clear the same.

CONDITIONS PRECEDENT FOR GETTING A DEEMED CONVEYANCE: There are certain important conditions which need to be fulfilled to go ahead for deemed conveyance, some of them are:
1. At least 60% of the flats in that scheme should be sold.
2. A Co-operative Society or Association of Persons should have been formed of the flat-owners and at least 3-4 months should have been passed since then.
3. There should be communication between the builder and the society or AOP regarding Deemed Conveyance wherein the builder should have made a promise of completion of conveyance or refused to do the same.

PROCEDURE FOR FILING AN APPLICATION FOR DEEMED CONVEYANCE: After the above mentioned conditions are fulfilled, the following steps shall be taken:

 Write a letter /email to builder/ promoter requesting him to provide a draft of the SALE DEED/ CONVEYANCE DEED or providing the draft to him and requesting him to sign the same.
 If the Builder rejects or postpones the same, send him a legal notice through an advocate requesting for the same.
 Even then if the builder refuses, File an application with the Registrar of Co-operative Societies together with all the relevant documents and 2000 Rs. Court stamp fees.
 Self-attestation all the copies enclosed (by the society)
 The Competent Authority will assess the application and if any documents are missing he will ask the applicant to correct the mistake within fifteen days.
 Thereafter, notice would be sent to the promoter and the land owners.
 After receipt of the notice by the land owners and the promoters, the authority will hear both parties in the first hearing and ask both parties to produce further evidences in next hearing.
 Thereafter, second hearing would be held and if the builder or landowners do not attend both first and second hearing then the authority will pass an exparte order.
 Thereafter, the third and final hearing would be held and the authority would be held and order would be passed unless a legal question is raised.
 Normally the whole process is completed within a period of 6 months.

DOCUMENTS REQUIRED: Further, the application required to be made with the Registrar shall be accompanied by copies of certain 20 odd documents which the society shall have to prepare or get prepared.

The following are some of the documents required:-
1. 7/12 Extract
2. City Survey Map
3. N.A Order
4. Certificate under Urban Land Ceiling Act, 1976
5. Draft of sale deed etc.

After, the Application is heard by the Registrar he may grant an order for deemed conveyance which shall then be produced before a court for execution and hence the conveyance may be done by a court order.

The Procedure for Deemed Conveyance involves the following Stages
Stage 1- Preparation for Deemed Conveyance
During this stage the Managing Committee prepares the Members of the Co- Operative Housing Society for Deemed Conveyance.
Stage 2- Documentation for Deemed Conveyance
During this stage the Documents Required for Deemed Conveyance are collected/ organized & the Case is prepared.
Stage 3- Legal Case for Deemed Conveyance
During this stage the case is filed before the Competent Authority & after contesting the same the Order & Certificate upholding the right of Deemed Conveyance of the Society is obtained.
Stage 4- Registration of Deemed Conveyance
During this stage the Deemed Conveyance Deed is Adjudicated, properly Stamped & Registered.
Stage 5- Transfer of Property after Deemed Conveyance
During this stage the Society Name is incorporated in the Land Revenue Records.
Let’s discuss each step in detail.

A. Preparation for Deemed Conveyance:
In this stage the managing committee needs to pass resolution to undergo deemed conveyance. A Special General Meeting is scheduled with prior notification and consent of all the members is obtained to move ahead.
During this SGM the following Resolutions are typically passed.

1. Resolution for going ahead with Deemed Conveyance
2. Resolution for Appointment of Authorized Representative
3. Resolution for Appointment of Legal Consultant for Deemed Conveyance
4. Resolution for Per Member Contributions

B. Documentation for Deemed Conveyance:
This is the most crucial step in obtaining deemed conveyance. It is a very meticulous job and make sure all the documents are lined up within the right format. You would require land revenue records, municipal corporation records, society records, property development records and professional certificates.
All these documents can be obtained from various departments such as Land revenue records from City Survey Office, Tahasildar/ Talathi Office & District Collector Office, municipal corporation records from Building Proposal Department of the Municipal Corporation. Society records and certificates can be obtained from society offices and professionals.
Once all the documents are lined up, society needs to fill in Deemed Conveyance Application- Form VII and attached all the related documents. In case of deemed conveyance, a legal notice is sent to the developer for their consent. In regular conveyance procedures, since the developers or promoters are willingly providing the rights lot of documents can be easily recovered from them.
Once the form is filled up and all documents are annexed it is submitted to the Competent Authority- the District Deputy Registrar of Co- Operative Societies of the particular District.

C. Legal Case for deemed conveyance:
Once the application is submitted to the authorities they issue Deemed Conveyance Scrutiny Report- Form VIII within 1 month. Once the compliance is provided the authorities issues Summons & Newspaper Notices to the Land Owners & Property Developers for appearing for the hearing.
During the hearing process authorities take into consideration the arguments of the both parties. The process takes place within 3-4 months. Once all the arguments are documented the office issues a Deemed Conveyance order within 1 month. The whole process is completed within 6 months as this is a time bound activity.

D. Registration of deemed conveyance:
A deemed conveyance deed is created during this phase and is signed by both societies and developers. If developers do not appear for hearing in the prior stage (Which is the case in deemed conveyance), authorities have the power to sign the deed on behalf of developers.
The society needs to conduct a meeting and appoint 3 members to sign the deed. Post that the deed is submitted to district stamp office for adjudication. If all the members have paid their stamp duty and if there is no balance FSI, the office issues adjudication certificate. (Note – Deed only requires Rs 100 stamp duty). The adjudication certificate needs to be then franked from local bank and resubmitted to registration office.
The registration office then issues notice to land owner/developer to verify if there is any stay order against the deed of conveyance. (Note – The developer can get the stay order only from high court). If there is no stay order the deed of deemed conveyance is registered and then the office issues scanned documents and Index II. This mark end of registration process and the society becomes the owner of the land and structure.

E. Transfer of property:
In this phase a new application is submitted to various departments to make mutation entries in their records. This would make the process complete.

CONVEYANCE VS DEEMED CONVEYANCE
Conveyance Deed is a document executed to transfer the title of land and building in favour of Society.
Meaning of Deemed Conveyance
The Promoter (Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorised officer to execute the conveyance deed in favour of the society and execute on behalf of non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

Difference between the deemed Conveyance and the Regular Conveyance
In case of regular conveyance, the builder/ Developer/ Landowner prepares a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner.
In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who don’t want to part with the land and the building in favour of the society
.
Documents required to be submitted along with application to get the deemed conveyance:
Registered Agreement for sale entered into with the promoter/opponent party
7/12 Extract and Village form No.6 (Mutation entries) / Property card,
Location Plan
City survey plan or survey plan from the revenue department.
Layout Plot plan approved by the local authority
Architect certificate about the entitlement of undivided interest in the entire Layout Plot, common areas and the facilities by each of the entity or the structure constructed or to be constructed on such Layout Plot.
Latest Title and Search Report for last 30 years from an advocate,
Non-Agricultural Order (N.A. Order)
Certificate under Urban Land Ceiling Act, 1976
Building/ Structure Plan approved by the appropriate authority,
Commencement Certificate,
Completion Certificate,
Occupation Certificate (exempted if not available),
List of Flat Purchasers
Proof of payment of Stamp Duty
Proof of Registration, etc. ,
Development agreement or power of attorney or agreement for sale executed by the landlord with the promoter for development or for transferring the right, title and the interest in the land in favour of the promoter.
Legal notices to be send to the Promoter and other interested parties to execute the conveyance deed or declaration as provided under Maharashtra Apartments Act, 1970 in favour of the applicant/s.
Draft conveyance deed / Declaration proposed to be executed in favour of the applicant.

CONVEYANCE SERVICES FOR SOCIETIES:-
In most of the cases people believe that a Purchase Agreement is the final document they need to own. However, a mere purchase agreement does not pass on the developer’s rights on the land to the society. Societies need to make sure they have the complete right to the land, and mere society registration and formation does not provide those rights.

A Conveyance Deed helps societies to gain the right of their land. Post this builder relinquishes his legal right on the land.
We the “VED LEGAL” provide end-to-end conveyance services to the societies including execution of Conveyance Deed, Deemed Conveyance, and Deed of Apartments. We work closely with co-operative societies and government officials and make sure the complete process is hassle free.
With our team of legal advisers and professional approach, we have handled more than 100 cases across Pune. We guide our clients through the complete process of transferring builder’s rights, allocation of additional space and finally establishment of society rights, as per the law.
Our conveyance services include:

Apartment formation:
• Deed of Declaration • Deed of Apartment
Co-operative Societies Conveyance:
• Conveyance deed with builder’s consent
• Deemed Conveyance – without builder’s consent

CONVEYANCE OF CO- OPERATIVE HOUSING SOCIETY:-
Conveyance of a Property is transferring the Rights, Title, Interest and Ownership of the Property from the Seller to the Purchaser.
In case of a Co-Operative Housing Society (formed by the Flat Purchasers/ Owners under the provisions of Maharashtra Co-Operative Societies Act, 1960), Conveyance is transferring the Rights, Title, Interest and Ownership of the Land and Building from the Land Owner/ Property Developer to the Co- Operative Housing Society.

As per the provisions under Section 11 of Maharashtra Ownership Flat Act, 1963, Conveyance is the Right of the Co- Operative Housing Society and the Duty of the Property Developer/ Promoter to be executed within 4 months from the date of Registration of the Co- Operative Housing Society.
The Conveyance is to be executed by way of Conveyance Deed between the Land Owners & the Co- Operative Housing Society where the Property Developer is the Confirming Party. This Conveyance Deed is required to be adjudicated & properly stamped as per the Bombay Stamp Act, 1958 & thereafter registered as per the Registration Act, 1908. It is required to obtain the Index II of the Registered Conveyance Deed. The copy of Registered Conveyance Deed along with the Index II is to be submitted to various Government Offices for change in the mutation entries of the Property.
After the Land and Building is conveyed in favour of the Co-operative Housing Society and the Title of the property is fully and finally recorded in the Property Card and other Revenue Records then only the Co- Operative Housing Society becomes absolute owner of the Property & the Title of the Co- Operative Housing Society becomes completely free and marketable.

By |November 1st, 2017|Lawyers for Deemed Conveyance Process in Pune|Comments Off on Lawyers for Deemed Conveyance Process in Pune