Post on 20-Aug-2015
COMPLETE CORPORATE LAW COMPLETE CORPORATE LAW SOLUTIONSSOLUTIONS
Presented By: Arun Gupta & Presented By: Arun Gupta & Ankit SinghiAnkit Singhi
Vision essentially is a dream. And when we talk Vision essentially is a dream. And when we talk in corporate sense, Vin corporate sense, Vision is a dream with a ision is a dream with a deadline.deadline.. .
From this perspective, vision need to have From this perspective, vision need to have following five componentsfollowing five components::An ability to inspire.An ability to inspire. A sense of Worthiness.A sense of Worthiness. An invitation to share.An invitation to share. It should be in clear and understandable detailIt should be in clear and understandable detail It should be achievable.It should be achievable.
OUR STRENGHTSOUR STRENGHTS Quality WorkQuality Work Timely CompletionTimely Completion Experience & KnowledgeExperience & Knowledge Best & effective Best & effective LiasoningLiasoning ContactsContacts
OUR WEAKNESSOUR WEAKNESS Lack of manpowerLack of manpower Ineffective MarketingIneffective Marketing Lack of Research MaterialLack of Research Material Developing Core Competencies Developing Core Competencies carelessnesscarelessness
SERVICES UNDER ROCSERVICES UNDER ROC
FORMATIONSFORMATIONS CONVERSIONSCONVERSIONS REPORTSREPORTS CHARGE MANAGEMENTCHARGE MANAGEMENT SHOW CAUSE NOTICESSHOW CAUSE NOTICES INSPECTION, INVESTIGATION AND COMPLAINTSINSPECTION, INVESTIGATION AND COMPLAINTS CLOSURE OF COMPANY CLOSURE OF COMPANY APPROVAL SERVICES APPROVAL SERVICES SEARCH REPORTSEARCH REPORT
COMPANY LAW COMPANY LAW BOARD/NCLTBOARD/NCLT
Compounding u/s 629A of the Act, 1956;Compounding u/s 629A of the Act, 1956; Shifting of Registered Office form one state to another;Shifting of Registered Office form one state to another; Sec 397/398, Oppression and Mismanagement cases; Sec 397/398, Oppression and Mismanagement cases; Condonation of delay in registration of charges;Condonation of delay in registration of charges; Condonation for delay in filing CLB order;Condonation for delay in filing CLB order; Rectification of register of Members;Rectification of register of Members; Application for Investigation of affairs of a company u/s 235 Application for Investigation of affairs of a company u/s 235
of the act;of the act; Approval for issue of shares at discount;Approval for issue of shares at discount; Applications/Representations in the area of Fixed depositsApplications/Representations in the area of Fixed deposits ; ;
REGIONAL DIRECTORREGIONAL DIRECTOR
Approval for shifting of registered office from the Approval for shifting of registered office from the jurisdiction of one ROC to another within the jurisdiction of one ROC to another within the same statesame state
Appointment of Auditor by CGAppointment of Auditor by CG Removal of AuditorRemoval of Auditor Sec 297 ApprovalSec 297 Approval CompoundingCompounding InspectionsInspections License under sec 25License under sec 25 MergerMerger
OPPORTUNITIES UNDER OPPORTUNITIES UNDER INCORPORATIONINCORPORATION
Reality BoomReality Boom Online IncorporationOnline Incorporation Incorporation packageIncorporation package
AUDITS AUDITS
Following types of Audits are in offeringFollowing types of Audits are in offering Secretarial auditSecretarial audit Compliance AuditCompliance Audit Securities AuditSecurities Audit Corp Gov AuditCorp Gov Audit Labour laws auditLabour laws audit Internal Audits just like financialInternal Audits just like financial
MCA21 READYMCA21 READY Arrangement of hardware required for Arrangement of hardware required for MCAMCATimely updation of Master DataTimely updation of Master DataCorrection of CINCorrection of CINE-searchE-search
Under this head, we will offering a complete Under this head, we will offering a complete “Inspection-Solution” package, which will cover “Inspection-Solution” package, which will cover
the following :the following :
Pre-inspection preparation/auditPre-inspection preparation/audit
Drafting of reply to Inspection reportDrafting of reply to Inspection report
Liasoning with MCA and RD offices with respect to Inspection Liasoning with MCA and RD offices with respect to Inspection reportreport
Compounding of contraventions in case of default admittedCompounding of contraventions in case of default admitted
Handling of prosecutionsHandling of prosecutions
Following types of compounding will be Following types of compounding will be offered:offered: Compounding of general contraventionsCompounding of general contraventions Compounding arising out of inspectionCompounding arising out of inspection Condonation for delay in registration of Condonation for delay in registration of chargescharges Condonation for delay in filing various Condonation for delay in filing various
report/orders with the ROCreport/orders with the ROC
We will architecture various “Retainership We will architecture various “Retainership model” including the following:model” including the following: Preparation and drafting of secretarial Preparation and drafting of secretarial recordsrecords Legal opinionsLegal opinions Solutions to specific problems Solutions to specific problems Vetting of legal agreements (Inter Vetting of legal agreements (Inter Departmental work)Departmental work) Corporate Law compliancesCorporate Law compliances Labour law compliances (Inter Departmental Labour law compliances (Inter Departmental work)work) Securities law compliances. (Inter Securities law compliances. (Inter Departmental wor)Departmental wor) Corporate Governance- Audit & Corporate Governance- Audit & ImplementationImplementation Approvals under various lawsApprovals under various laws
We will provide the following certifications:We will provide the following certifications: Compliance certificatesCompliance certificates Corporate Governance certificates Corporate Governance certificates Certificates under securities lawCertificates under securities law Certification of forms and other certificates Certification of forms and other certificates
under company lawunder company law Certificates under various regulations of Certificates under various regulations of FEMAFEMA Annual Return certificationAnnual Return certification
CORPORATE CORPORATE ANALYSIS/JANAMPATRI ANALYSIS/JANAMPATRI
FOR INDEPENDENT FOR INDEPENDENT DIRECTORDIRECTOR
NEEDS OF INDEPENDENT NEEDS OF INDEPENDENT DIRECTORDIRECTOR
Information relating to the management of Information relating to the management of the companythe company
Business structureBusiness structure Level of Corporate CompliancesLevel of Corporate Compliances Financial performance of the company (in Financial performance of the company (in
last three years)last three years) Information of various prosecutions (if Information of various prosecutions (if
any) launched against the companyany) launched against the companyAny other defaults (if any)Any other defaults (if any)
INNOVATIVE SEARCH INNOVATIVE SEARCH
General searchGeneral search Search based on directorshipSearch based on directorship Search based on properties(another big thing to Search based on properties(another big thing to
happen)happen) Business take over searchBusiness take over search Event wise search, for example to the number of Event wise search, for example to the number of
companies promoted by a particular personcompanies promoted by a particular person Same management company searchSame management company search
PROCESS PROCESS
Drafting of QuestionerDrafting of Questioner Posting of Questioner on websitePosting of Questioner on website Invitation to Companies to fill the Questioner and Invitation to Companies to fill the Questioner and
submit it;submit it; Back office will prepare a report on the basis of Back office will prepare a report on the basis of
questioner filledquestioner filled A report will be send to company online after A report will be send to company online after
attaching digital signature based on the attaching digital signature based on the information produced.information produced. We may advertise such product like CP Cert.We may advertise such product like CP Cert.
In the future ahead Corporate Governance In the future ahead Corporate Governance would be the next big buzz not only for the would be the next big buzz not only for the
listed companies but for all those companies listed companies but for all those companies who want to be better managed, better who want to be better managed, better
governed and want to create value for their governed and want to create value for their share holders. In there this endeavor, share holders. In there this endeavor,
Corporate professionals will partner them by Corporate professionals will partner them by providing:providing:
Effective and regular Corporate Effective and regular Corporate
Governance AuditGovernance Audit Effective and time bound Corporate Effective and time bound Corporate
Governance Governance Implementation Implementation
The Legal angel of Drafting of Balance Sheet is to The Legal angel of Drafting of Balance Sheet is to comply all the provisions of Companies Act 1956 read comply all the provisions of Companies Act 1956 read
with schedule and Accounting Standards.with schedule and Accounting Standards.
If we will talk about the deepness of such provisions and If we will talk about the deepness of such provisions and also the view of Department, almost 95% of the also the view of Department, almost 95% of the
Companies do not comply the each of provisions of the Companies do not comply the each of provisions of the act.act.
We will offer the service relating to technical Scrutiny of We will offer the service relating to technical Scrutiny of Balance Sheet from the point of sec 211 and schedule VI Balance Sheet from the point of sec 211 and schedule VI
before presenting it to Board of Director of the for before presenting it to Board of Director of the for approval. It is an annual assignment.approval. It is an annual assignment.
OpportunityOpportunity
This is the Vision of Ministry of Company affairs towards This is the Vision of Ministry of Company affairs towards implementing MCA 21. so we have to match our vision implementing MCA 21. so we have to match our vision
with their vision.with their vision.
ThreatsThreats
Only Big size Companies will ask for such services.Only Big size Companies will ask for such services.
PREPARATIONS
Software Books Website Database Manpower
Ramaiya-CD
Software like Co-Sec
Book on Drafting Legal Company Law update Listed Co’ in Delhi
Client Co’s
Big MNC,s
Big Law/CA firms
Two CS(1-2) exp
Two trainee
WEBSITES ON OFFERINGWEBSITES ON OFFERING
Website on Website on Incorporation with emphasis on Incorporation with emphasis on doing business in Indiadoing business in India
Website on Website on section 297 and related party section 297 and related party transaction (another revolutionary idea)transaction (another revolutionary idea)
Website on Website on Managerial Remuneration etcManagerial Remuneration etc
E-NEWSLETTERE-NEWSLETTER
Latest update on MCA21 Latest update on MCA21
Latest update in the field of Corporate LawLatest update in the field of Corporate Law Latest CasesLatest Cases Practical Knowledge on MCA21Practical Knowledge on MCA21 Latest FAQ’sLatest FAQ’s One Article on key topicOne Article on key topic Monthly CompliancesMonthly Compliances Inviting QueriesInviting Queries
S.S.NoNo
ServicesServices QuantitQuantityy
RateRate Monthly Monthly YearlyYearly
11 IncorporationsIncorporations 1010 20,00020,000 2,00,0002,00,000
22 Secretarial Secretarial AuditAudit
0202 2500025000 50,00050,000
33 RetainershipRetainership 1010 1500015000 1,50,0001,50,000
44 CertificationsCertifications 5050 50005000 2,50,0002,50,000
5i5i Other Other certificationscertifications
2500025000 3,00,0003,00,000
66 Internal AuditInternal Audit 2020 2500025000 5,00,0005,00,000
77 CompoundingCompounding 22 2500025000 50,00050,000 6,00,0006,00,000
88 MCA approvalsMCA approvals 55 3000030000 1,50,0001,50,000 18,00,0018,00,0000
99 InspectionInspection 11 100000100000 1,00,0001,00,000 12,00,0012,00,0000
1010 Corporate Corporate Governance Governance AuditsAudits
55 2500025000 2,50,0002,50,000
1111 ROC ROC CompliancesCompliances
5000050000
1212 RD CompliancesRD Compliances 5000050000
TOTALTOTAL 8,25,0008,25,000 1075000107500000
MCA 21 ServicesMCA 21 Services
No. of Clients GroupsNo. of Clients Groups 100100 Average No. of Group Companies 5Average No. of Group Companies 5 Total No. of CompaniesTotal No. of Companies 500500 No. of Companies needs Correction No. of Companies needs Correction
(Approx 80%)(Approx 80%) 400400 Fees per companyFees per company 1000-20001000-2000 Expected Revenue (400* 1000)Expected Revenue (400* 1000) Rs. Rs.
400000-800000400000-800000
EXPECTED COSTEXPECTED COST
Salary-15 %Salary-15 % Out of pocket expenses-10%Out of pocket expenses-10% Indirect Exp. – 15 %Indirect Exp. – 15 % Net ProfitNet Profit = 100% - 40% = 60%= 100% - 40% = 60% Net Profit = Approx. Rs. Net Profit = Approx. Rs.
70,00,000.00 70,00,000.00 per annumper annum
The New Company Law- the degree The New Company Law- the degree of liberalization will definitely be of liberalization will definitely be more more Lack of effective marketingLack of effective marketing Low fee structure of CompetitorsLow fee structure of Competitors Innovative ideas are always risky Innovative ideas are always risky and required testing and required testing Lack of recognization as Lack of recognization as Knowledge hub Knowledge hub
PLAN OF ACTIONPLAN OF ACTION
Quality services always leads to automatic Quality services always leads to automatic publicitypublicity
Developing a standard e-mail for various types of Developing a standard e-mail for various types of our service & productsour service & products
E-newsletterE-newsletter Marketing our Website through goggle searchMarketing our Website through goggle search Mouth publicityMouth publicity Preparing a list of target peoplePreparing a list of target people
FCRA is one another department, which FCRA is one another department, which offers us enormous wok opportunities in offers us enormous wok opportunities in the form of the following:the form of the following: Registration of NGO’s for receiving Registration of NGO’s for receiving foreign contribution foreign contribution Prior approval for receiving foreign Prior approval for receiving foreign contribution contribution Other general compliances under Other general compliances under the act the act
This area is one of the another important area This area is one of the another important area which still remains unexplored by our which still remains unexplored by our organization. It provides work opportunities in organization. It provides work opportunities in the form of:the form of: FDI approvalsFDI approvals Approval for establishing SEZ, Industrial Approval for establishing SEZ, Industrial Park, Park, STPI STPI Industrial licenseIndustrial license IEMIEM Transfer of shares from resident to non-Transfer of shares from resident to non-resident resident and vice-versa and vice-versa Establishing of branch /project/liaison Establishing of branch /project/liaison office office NBFCNBFC
TO DREAM IS A LUXURY OF ALL TO DREAM IS A LUXURY OF ALL BUT TO ACHIEVE IS A CALIBER BUT TO ACHIEVE IS A CALIBER
OF FEWOF FEW
A report can be prepared by anyone A report can be prepared by anyone but what lies beneath is its successful but what lies beneath is its successful execution within a give time frame, execution within a give time frame, which only requires three simple which only requires three simple things:things: CommitmentCommitment TimeTime LabourLabour
We Pose our commitment to the We Pose our commitment to the organisation.organisation.
We mean itWe mean it..
Suggestion, Support Suggestion, Support and Ideas are always and Ideas are always
invited from CP Parivarinvited from CP Parivar. .