Secretarial and FEMA Services

Overview of Secretarial and FEMA Services

Every corporate entity registered in India is governed by Ministry of Corporate Affairs under the Companies Act, 2013 and need to comply with provision of Companies Act, 2013. Also the companies having any foreign investment in India are required to comply with various regulations under Foreign Exchange Management Act (FEMA).   Considering ongoing legal and tax reforms in India, its required that companies are updated with any changes in respective law and ensure all applicable compliance within given timelines to avoid any possible litigation.   Key compliance prescribed under Companies Act includes:

• Issuance of share certificates to shareholders
• Disclosure of Interest to be received from Directors
• Appointment of Statutory Auditors
• Conducting minimum 4 board meetings, gap should not be more than 120 days shall intervene between two consecutive meetings of the Board
• Preparation of minutes of the proceeding of various meetings of board, committee, shareholders
• Maintenance of Statutory Registers
• Annual general meeting of shareholders
• KYC compliance of Directors
• Filing of financial statements and annual return with MCA in prescribed forms

  Key compliance prescribed under Foreign Exchange Management Act (FEMA) are:

• Filing of form FC-GPR for reporting of issuance of shares to a subscriber who is a Person Resident Outside India
• Annual Return on Foreign Liabilities and Assets with Reserve Bank of India
• Annual Performance Report (APR) for Indian companies which has made an Overseas Direct Investment (ODI)

 Read more about key compliances under the Companies Act and FEMA here

Why Companies Next

At CompaniesNext, we have a dedicated team of specialized professionals for providing quality services with accuracy and with given timelines. Our expert professionals possess vast experience in corporate laws, FEMA, and related laws.

Our service includes:  

Secretarial Compliance under the Indian Companies Act provides various guidelines for companies doing business in India and requires many compliances. Our specialized team may assist your organization in the end to end compliance of the Companies Act, which generally includes:

1. Preparation of Minutes
2. Regular updates on various regulatory changes
3. Maintenance of Statutory Registers
4. Annual Filing with MCA

FEMA & RBI compliance A business entity having foreign investment in India or investing outside India need to comply with various requirements under Foreign Exchange Management Act (FEMA). Our specialized team may assist you in managing all such compliance including compliances related with Foreign Direct Investment in India, recommending the most appropriate structure for business in India, registration with FIRMS, filing of Foreign Liabilities and Assets (FLA) Annual Return, assistance in complying with various statutory forms and filings, etc.

Event-based advisory and compliance Beside regular compliances, our team may also assist you in following event-based advisory and compliances:

1. Change in registered office of the company
2. Alteration of Memorandum of Association (MoA) and Articles of Association (AoA)
3. Service related to transfer or transmission of shares
4. Creation, Modification or satisfaction of charge
5. Director services like obtaining Director Identification Number (DIN), appointment, resignation or removal of Directors, registration of Independent Directors in Data Bank of MCA
6. Manage Private Placement or Right Issue; Preferential Allotment; Employee Stock Option Plan (ESOP) or Employee Stock Purchase Scheme (ESPS); Issue of Sweat Equity Shares, Loan from Financial Institutions
7. Striking off/winding up of Companies
8. Conversion of company into Limited Liability Partnership (LLP) and vice versa.
9. Facilitation of Secretarial Audit and diagnosis;
10. Assistance in drafting of various business agreements and legal agreements

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