Governmental License requirements

Saj Innovative Services undertake the procedures to obtain various certificates/licenses from governmental agencies

1.Trade Mark Registration

2.Importer Exporter Code

3.Shops& Establishment License

4.SSI/MSME Registration

5.Professional Tax Registration

6.Digital Signature Certificate –Class-2 etc

1.Trademark Registration –

TM Application online

Protect your brand, slogan or logo. Begin now and use the trademark symbol beside your name in three working days.

  • Trademark Search

We conduct a thorough search of the TM directory

  • Authorisation Letter Drafting

So we can file it on your behalf

  • Discussion on Class

Advice on the classes you need to apply under

  • Final Application

Filing the forms with the Registrar

  • Regular Updates

You will receive updates until registration

 

2.Importer Exporter Code

All businesses engaged in importing and exporting goods must have an Importer Exporter Code (IEC). Without one, you cannot import or export. You don’t need to be a registered entity to apply for one; you can apply even as an individual. The IEC does not apply to technology and services. However, it does in certain cases in which international trade is restricted, such as nuclear weapons and automatic guns. The IEC is a 10-digit code with permanent validity issued by the Directorate General of Foreign Trade.

National Validity

The IEC, once issued, is valid throughout the county, in all your branches or factories. It needs to be quoted while your goods go through customs and while sending money abroad or receiving money from abroad.

No Filings Apply

The IEC is just a code. Once you have it, you can begin importing and exporting. You don’t need to file the transactions done under this code or pay any taxes.

IEC Process

1 WORKING DAY

You need to send in copies of PAN cards, identity, address proofs and four passport-sized photographs of the proprietor/partners/directors. Private limited companies must also submit the Memorandum and Articles of Association, and Certificate of Incorporation, while Partnerships must submit the Partnership Agreement. Details of the entity’s current account and the type of exporter (in case of manufacturer, MSME registration details would need to be provided) need to be sent in. A copy of the company’s letterhead may also be required.

7 WORKING DAYS

We will file the application in the required Aayaat Niryaat Form 2A (ANF 2A) format to the Regional Authority of the Directorate General of Foreign Trade (DGFT) in the region where the registered office of the company is situated.

10 WORKING DAYS

Within two to three working days, the IEC should be ready. If the documents are not in order or the inspector asks for additional documents, the registration process will be completed as soon as you submit them. You will receive the IEC code at this time.

3. Shops & Establishments License

Every shop and establishment is required to register itself under the Act within 30 days of commencement of work, whether or not it has employees.

Shops & Establishments Act

The Shops and Establishments Act regulates conditions of work, lists rights of employees in the unorganized sector and provides a list of obligations for every employer. It applies nationwide to shops, commercial establishments, hotels, restaurants, eating houses, theatres and other places of public amusement or entertainments. Every shop and establishment is required to register itself under the Act within 30 days of commencement of work, whether or not it has employees.

Four Essential Facts on Shops & Establishments Act

Objectives of the Shops & Establishments Act

Every Indian state has enacted certain rules and regulations with regard to conditions of work. The objective is to secure uniform benefits for employees working in different establishments, from shops, commercial establishments and residential hotels to restaurants, theatres and other places of public amusement or entertainment.

Regulations under the Shop and Establishment Act

This Act sets rules for working hours per day and week, guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work, rules for employment of children, young persons, and women, rules for annual leave, maternity leave, sickness and casual leave, rules for employment and termination of service, maintenance of registers and records and display of notices and obligations of employers as well as employees.

Records to be maintained under the Shops and Establishment Act?

Under the Shop and Establishment Act, every business has to seek approval from Department of Labour and keep up-to-date registers regarding details of employment, fines, deductions and advances, salary and holidays. The requirements may vary from state to state. Files related to annual holidays and number of employees need to be submitted to the office of the Municipal Corporation annually.

When is a Shops and Establishments Act license required?

Every shop and establishment needs to register itself compulsorily under this Act within 30 days of commencement of work. As this is such a basic license, many other licenses require this as proof of a commercial business. For example, most banks will require you to furnish it if you want to open a current account. To get this license, you would need to provide the PAN card of the business owner or the business itself, a copy of the rental agreement or sale deed, and details of all the employees.

4.SSI/MSME Registration

Small Scale Industries (SSI) or Micro, Small and Medium Enterprises (MSME) can register themselves under the MSMED Act. It isn’t necessary, but very beneficial to do so, as it only exists to offer benefits to those registered under it. These benefits include priority sector lending, excise and direct tax exemptions, capital investment subsidies and power tariff subsidies. To qualify as an MSME, manufacturing enterprises need to have investment of less than Rs. 10 crore in plant and machinery, while service enterprises must have no more than Rs. 5 crore invested in plant and machinery. If, at any time, you cross this investment limit, you need to cancel your registration under the MSMED Act.

Six Essential Facts on SSI/MSME Registration

What is an SSI/MSME Registration?

Every nation’s economic hopes are pinned on its young, small businesses. The Indian government, with this in mind, offers numerous benefits to such organisations (cheaper credit, easy loan approval, tax exemptions, etc), so that they can achieve growth at a much faster pace and without enduring hardships. To avail of these benefits, the organisations that qualify must get an MSME or SSI Registration (regulated by the MSMED Act). This registration is among one of the easiest of government registrations to be granted.

Is SSI/MSME Registration voluntary or mandatory?

The SSI Registration is only needed to avail of subsidies and benefits. It is absolutely voluntary. However, as it is a fairly easy registration to get quickly (provided you have a manufacturing plant or a commercial space where you render services), many business opt for it over other registrations.

Why should I apply before commencing operations?

This is because you can avail of a Provisional SSI Registration Certificate (PRC). The PRC will enable the unit to obtain term loans and working capital under priority sector lending and make it easier to procure various NOCs and clearances from regulatory bodies, such as Pollution Control Board.

What documents are required for the application?

You may apply for the PRC without an industrial license in case your unit is listed in Schedule-III of the Industrial Licensing Exemption Notification. Other units must first acquire an industrial license. The unit should also have obtained all other clearances, whether statutory or administrative. For example, a drug license under the drug control order or an NoC from Pollution Control Board, if required. The unit should not violate any locational restrictions in force. The unit should not be owned, controlled or subsidiary of any other industrial undertaking. The PRC is issued based on the application form. No field enquiry is made.

What are the advantages of SSI registration?

The benefits range from cheaper bank loans, easy access to credit, quicker approvals from state and central government bodies, tax rebates, cheaper infrastructure, including electricity and VAT exemptions.

Why is it essential to maintain records?

Any entity with an SSI Registration that fails to follow any regulations laid by the government will be deregistered. Also, in case you exceed the investment limits, as noted below, your firm’s registration will be cancelled.

What You Need To Know

Micro Enterprises

Micro enterprises are the smallest entities, of course. Micro manufacturing enterprises have investment of less than Rs. 25 lakh in plant and machinery, while micro service enterprises have less than Rs. 10 lakh invested.

Small Enterprises

Small manufacturing enterprises may have between Rs. 25 lakh and Rs. 5 crore invested in plant and machinery, while small service enterprises may have between Rs. 10 lakh and Rs. 2 crore invested.

Medium Enterprises

Medium manufacturing enterprises may have between Rs. 5 crore and Rs. 10 crore invested in plant and machinery, while small service enterprises may have between Rs. 2 crore and Rs. 5 crore invested.

5.Professional Tax Registration

Profession Tax is a state-level tax that applies to salaried employees and professionals, including chartered accountants, lawyers and doctors. The following states impose this tax: Karnataka, West Bengal, Andhra Pradesh, Maharashtra, Tamil Nadu, Gujarat, Assam, Chhattisgarh, Kerala, Meghalaya, Orissa, Tripura and Madhya Pradesh. Registration is mandatory within 30 days of employing staff in a business or, in the case of professionals, 30 days from the start of the practice. This tax needs to be deducted from the salary or wages paid; the amount varies by state and amount, but is capped at Rs. 2500 per annum.

What You Need To Know

In Every State

If you have employees in more than one state, you would need to get a Profession Tax Registration in each state. Even the rate at which it must be paid will vary. This makes it cumbersome for many small businesses to comply with. Do note, however, that many north Indian states do not levy Profession Tax at all.

Filing Returns

The frequency of return filing depends on the state you’re in. For example, in Maharashtra, returns can be filed annually if the liability is under Rs. 5000, quarterly if the liability is under Rs. 20,000 and monthly if it is above Rs. 20,000. However, in West Bengal, returns need only be filed once every year. This is the approach, in fact, many states are moving toward now.

Penalties Apply

A penalty of 10% of the amount owed can be imposed in Maharashtra in case of delayed payment of Profession Tax. A delay in obtaining the Enrollment Certificate will be charged at Rs. 2 per day.

Profession Tax Registration Process

1 WORKING DAY

You need to send in PAN cards, identity and address proofs of the proprietor/partners/directors. Details of your employees also need to be submitted.

2 WORKING DAYS

The Professional Tax application will be filed for all employees and submitted to respective authorities by our affiliate. Should all your documents be in order, this will take no longer than two working days.

7 WORKING DAYS

Within 5 to 7 working days, we will give you a basic acknowledgement. If the documents are not in order or the inspector asks for additional documents, the process will be completed as soon as you submit the additional documents. The hard copy is issued within 10 days in major cities, but would take 15 to 20 days elsewhere.

6.Digital Signature Certificate

A Digital Signature Certificate (DSC) is a secure digital key that certifies the identity of the holder, issued by a Certifying Authority (CA). It typically contains your identity (name, email, country, APNIC account name and your public key). Digital Certificates use Public Key Infrastructure meaning data that has been digitally signed or encrypted by a private key can only be decrypted by its corresponding public key. A digital certificate is an electronic “credit card” that establishes your credentials when doing business or other transactions on the Web.

 

Class-2 Digital Signature Certificate

 

As e-filing is made compulsory in ROC, every director / signing authority needs to have their Digital Signature Certificate. Its now mandatory to obtain Class-2 or Class-2 with PAN Encryption Digital Signature Certificate for any person who is required to sign manual documents and returns filed with ROC as per MCA21. Also an Individual is required to obtain Class-2 DSC with PAN Encryption for e-filing his return with Income Tax, India.

 

2 WORKING DAYS

Whole process of application to getting DSC from CA can be completed within 24 to 48hrs.

 

  1. Summary of Documents required – Indian Citizen
INDIVIDUAL CERTIFICATE ORGANIZATION CERTIFICATE
1.       Application Form

2.       Identity proof

3.       Address proof

4.       Attesting Officer proof

1.       Application Form

2.       Authorization Letter

3.       Identity proof

4.       Organizational proof

5.       Attesting Officer proof

6.       Authorized Signatory proof

  1. List of accepted documents – Indian Individual
IDENTITY PROOF (ANY ONE OF BELOW) ADDRESS PROOF (ANY ONE OF BELOW)
1.       Passport

2.       PAN Card of the Applicant

3.       Driving Licence

4.       Post Office ID Card

5.       Bank Account Passbook containing the photograph and signed by an individual with attestation by the concerned Bank official

6.       Photo ID card issued by the Ministry of Home Affairs of Centre/State Governments

7.       Any Government issued photo ID card bearing the signatures of the individual

1.       AADHAAR Card

2.       Voter ID Card

3.       Driving Licence (DL)/Registration Certificate (RC)

4.       Water Bill (Not older than 3 Months).

5.       Electricity Bill (Not older than 3 Months)

6.       Latest Bank Statements signed by the bank (Not older than 3 Months)

7.       Service Tax/VAT Tax/Sales Tax registration certificate

8.       Property Tax/ Corporation/ Municipal Corporation Receipt

  1. List of accepted documents – Indian Organization
DOCUMENT NAME COMPANY PARTNERSHIP PROPRIETORSHIP AOP/BOI
Copy of Applicant’s Organizational ID Card / Letter from Organization / Pay Slip
Copy of Organizational PAN Card
Copy of Bank Statement (First 2 Pages)
Copy of Incorporation/Registration Certificate
Copy of AOA & MOA / Rules / Bye laws (First 2 Pages)
Copy of Last Income Tax Return / Audit Report & Annual Return / Self Affidavit with reason, if not available (First 2 Pages)
Copy of Partnership Deed / Trust Deed / LLP Agreement containing the List of Partners / Signatories (2 Pages)
Copy of Business Registration Certificate (S&E / ST / VAT)
Proof of Authorized Signatory (Board Resolution)
Authorized Signatory Organizational ID Card / Self-Attested Letter of Organizational Identity
Copy of PAN Card of Applicant, if PAN provided

 

To find out more, contact us now for a FREE discussion.