Add Directors
A company is an artificial person which cannot function on its own. A person or a group of person is appointed by the shareholders of the company known as Director. Directors are required for managing the affairs of the company as it’s an artificial body.
The affairs are conducted on the basis of the Memorandum of Association and Articles of Association of the company.
APPOINTMENT OF DIRECTORS
Any person who is suitable to be appointed as a director must obtain a digital signature certificate (DSC) and director identification number (DIN) before getting appointed. Any person of the age 18 or above can obtain DIN irrespective of the nationality or residency status.
Types of Directors
A company has body known as the board of directors consisting of following types of directors in company:
1. Managing Director- Company appoints a person entrusted with substantial powers of the management of the affairs of the company,known as managing directors. They are appointed by virtue of AOA of a company or a resolution passed in its general meeting or any agreement with the company if any.
2. Whole-time Director (WTD) or Executive Director- any person who is in full-time employment of the company and its affairs is known as Executive Director or Whole-time Director.
3. Director- a simple or ordinary director other than the full-time directors or MD, who attends all the board meetings of a company and participates in the matters and affairs of the company, is an ordinary director.
4. Nominee Director- a person is appointed as a nominee director upon the assistance of any bank and private equity investors who provide debt or equity to make sure that their investment is safe.
5. Additional Director- a person appointed by the board of directors in between two AGM of a company and not exceeding maximum strength fixed for the board of directors.
6. Women Director- Listed companies with paid-up share capital of 100 crores or more or turnover of Rs. 300 crores or more have to appoint at least one woman director.
We at Connect Soul provide the service of the appointment of director as per the companies act, 2013
Remove Directors
Resignation of Director
A director if wants to resign on his own will can resign by filing a registration letter with the company and providing intimation letter to the ROC.
A Board may if it is in the interest of the company be able to remove the Director for a number of reasons.
Removal of Directors is regulated under the section 168 of companies act, 2013.
SUO-MOTO Resignation by Director
It is a process where the Director himself gives his resignation from the post of Director of the Company. The director gives his letter of resignation to the board. Once the board receives the resignation notice, it is required to intimate the ROC.
Removal of Director by the Board
If a Director as per the section 167 of companies act, 2013 does not attend any of the Board meeting held for 12 months or has not attended three Board Meetings in a row. It is deemed that he is removed from the list of name of Directors of the company and has vacated his office.
A company if it deems fit can remove a Director and has the authority by passing an Ordinary Resolution. Only the Director appointed by the Central Government cannot be removed suo-moto by the board.
We at Connect Soul provide the service of the resignation of director as per the guidelines of the companies act, 2013.
Increase Authorized Capital
The procedure to increase the Authorised share capital is governed under sections of the companies’ act 2013, under section 61 and 64. There should be a clause in the Articles of the company regarding the increase in the Authorise Capital of the company.
If a company would like to induct new shareholders, it can be done by the ways below mentioned:
-By issuing new share by increasing authorised share capital.
-The new shareholders can have it through the transfer from existing shareholders.
If you are looking for assistance with increasing authorised share capital and matter related to it that you can get in touch with Connect Soul and get quick solutions for anything and everything.
Share Transfer
A share is transferable as prescribed by the manner provided in the Articles of Association of the company of any member as share is a movable property and can be moved from one person to another by transferring it.
Parties to transfer
Two parties are involved in the process of transfer of shares. The parties involved can be any mention below:
-Transferor
-Transferee
-Subscribers to the memorandum
-In case of a deceased person its legal representative can perform the process required.
-Company
Connect Soul assures you a complete transfer of shares without any interruptions and issues.
MOA AMENDMENT
Memorandum of Association (MOA)
The Memorandum of Association (MOA) of the company is the document that has all the clauses that define the scope, meaning, and purpose of the company. At the time of incorporating the company, its MOA is drafted.
The constitution of the company, the main objective of the company, the right of the members and their relationship with the company is all mentioned in the MOA of the respective company.
Clauses that require MOA alteration
-Alteration of name clause in MOA
-Change in Registered office of the company
-Alteration of Authorised capital of the company
-Alterations in the object clause of the company
-Changes in the liability clause
-Alteration of capital clause
Connect Soul helps you amend your MOA by proving special professional care and taking care of all other legal formalities to complete the process.
Add Partner in LLP
TPartnership act 2008 governs the functioning of a limited liability partnership. A person of the age of 18 or more wanting to be a partner must obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN).
Any person irrespective of its nationality can obtain DIN and become a partner in a LLP in India.
Day to day affairs of the LLP is handled by the designated partners of the LLP. LLP should have at least 2 partners and out of the two shall act as the designated partners. The designated partners work on behalf of all the other partners. A designated partner if required can be changed, removed or appointed.
Connect Soul offering a variety of services like LLP registration, add partner, remove partner and more.
Winding Up of Company
Winding up of a company is a process which leads to the dissolution of the company. During the process a company ceases to carry on its activities and business as usual. Winding up is done to dispose of the assets of the company and to pay off the creditors in respect of their liability along with the distribution of the remaining assets to the partners and the shareholders of the company according to their shareholdings.
Winding up can be compulsory when there are non-compliances and failure to maintain the norms specified in companies act, 2013.
There are majorly two modes of the winding up of the company
-Compulsory Winding up
-Voluntary Winding Up
Compulsory Winding Up
Compulsory winding up or winding up by the order of court can take place on ground mentioned under section433.
Voluntary Winding Up
Under the section 484 of companies act, a company can be wound up voluntarily by passing an Ordinary Resolution (OR) and by passing a Special Resolution.
Connect Soul help you wind up your company in the easiest way possible.
Winding Up of LLP
The process of winding up is regulated under section 63, 64 and 65 of LLP Act, 2008. LLP is an artificial person created by law and cannot wound up on its own. As the existence is through legal proceedings, hence its exit is also through legal proceedings in the same manner.
In the winding up process the company’s concern is put to an end and the realisation of assets, payment of liabilities is done and the remaining surplus asset is distributed amongst the partners of the LLP. The company’s existence is put to an end in the process of dissolution and the name of LLP is removed from the register of LLP’s.
There are majorly two modes of the winding up of the company
1.Voluntary Winding Up
2.Winding Up by Tribunal
Connect Soul help you wind up your LLP in the easiest way possible.