Hi All
“What’s in a name?
that which we call a rose by any other name would smell as
sweet”…. So said the Bard of Avon but the Babus
(Government Officials) at MCA think otherwise ! So do
entrepreneurs who want a unique name for their ventures – one
that is catchy, unique, professional and can be branded well.
While they spend hours to days zeroing in the ‘right name’ to
christen their ‘yet-to-be-born-babies’, they would do well to
be aware that the Government has prescribed detailed
guidelines regarding name availability for Companies and LLPs.
The onus is now on certifying professionals to justify to the
ROC why the name must be allowed. Not only that, on the
pretext of automatic approvals, professionals are called upon
to do the Babu’s job of scrutiny and clearance, sans
their salaries !!!.
This issue of Lexspeak carries the
MCA circular about name availability as well as select Master
Circulars issued by RBI on several matters that serve as a
one-point reference document. There is enough content in this
issue to read and understand until we are back with the next
issue by month end.
To read the earlier issues and
articles Click Here
Sincerely
Lex Valorem
Team |
|
Master Circulars
from RBI |
Reserve Bank of
India (RBI) has issued the much awaited Master Circulars on
various subjects effective from the 1st day of July, 2011.
Topics covered are Foreign Investment in India, Overseas
Direct Investment, External Commercial Borrowing and lots
more. Some of the relevant circulars are listed below with
links. |
1.Master Circular on Foreign
Investment in India |
2.Master Circular on
Establishment of Liaison / Branch / Project Offices in India
by Foreign Entities |
3.Master Circular on Direct
Investment by Residents in Joint Venture (JV) / Wholly Owned
Subsidiary (WOS) Abroad |
4.Master Circular on External
Commercial Borrowings and Trade Credits |
5.Master Circular on Export
of Goods and Services |
6.Master Circular on Import
of Goods and Services |
7.Master Circular on
Compounding of Contraventions under FEMA, 1999 |
8.Master Circular on
Acquisition and Transfer of Immovable Property in India by
NRIs/PIOs/Foreign Nationals of Non-Indian Origin |
9.Master Circular on
Remittance Facilities for Non-Resident Indians / Persons of
Indian Origin / Foreign Nationals |
New Name
Availability Guidelines |
MCA has issued
consolidated and extensive guidelines for reserving names by
Companies and LLPs. Superceding all previous circulars, these
‘Name Availability Guidelines, 2011’ are likely to be
implemented from 24th July, 2011 |
Download
Circular > |
Integration of DIN
with DPIN |
MCA has integrated
the Director’s Identification Number (DIN) issued under
Companies Act, 1956 with Designated Partnership Identification
Number (DPIN) issued under Limited Liability Partnership (LLP)
Act, 2008 with effect from 9.7.2011. Henceforth only DIN will
be issued and such DIN will hold good for both Company and
LLP. Persons having both DIN and DPIN should use DIN as their
DPIN & DIN, and the DPIN will stand cancelled. Persons
having DPIN can use the same as DIN also. |
Download
Circular > |
Filing of Balance
Sheet and Profit & Loss Account in XBRL
form |
MCA has clarified
that Phase – I of XBRL filing will be applicable only to those
companies which have the closing date of the financial
statements as on or after 31.03.2011 and also that the
statutory auditors must certify the financial statement in the
XBRL mode. |
Download
Circular > |