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Wednesday, November 25, 2020

TYPES OF RESERVES

 1)     GENERAL RESERVE / CONTINGENCY RESERVE

-        Part of the profits which is set aside to meet any future unknown contingency or emergency

May be credited:

o   To meet the increasing demands of the business;

o   To stabilize the economic conditions of the firm;

o   To meet unforeseen losses; and

o   To control the profits of the company.

2)     SPECIFIC RESERVE

-        Created of some definite or specific purpose

i.e.

o   Dividend “Equalization Reserve,

o   Reserve for Repair,

o   Reserve for Outstanding Expanses, and

o   Reserve for Building etc.

3)     REVENUE RESERVE

-        Consist of un-contributed revenue gains consisting of profits made in the ordinary course of business.

-        The funds of these reserves may be used:

o   To maintain a business or

o   Pay dividends.

-        Revenue reserves are ‘Free Reserves’ that are available for distribution as profits.

4)     CAPITAL RESERVES

-        Not available for distribution among shareholders as dividends. They are created to strengthen the financial position of the company.

-        Capital reserves are built out of capital profits and not out of business profits, such as:

o   Profit prior to incorporation;

o   Premium on issue of shares or debentures;

o   Profit on redemption of debentures;

o   Profit on forfeited shares;

o   Profit on sale of fixed assets; and

o   Profit on revaluation of fixed assets.

5)     VALUATION OR ASSETS RESERVES

-        Set up to offset the loss of value of some assets such as

o   Plant and machinery,

o   Accounts receivables,

o   Investments,

o   Marketable securities and

o   Patents and intangibles

-        Which have a limited life

Objectives:

o   To restore the integrity of investments which they have suffered or loss in value;

o   To recognize expenses this cannot be determined accurately;

o   To reduce assets to their estimated realizable values;

o   To provide for losses arising out of bad debts;

o   To provide for losses arising out of obsolescence.

6)     PROPRIETARY RESERVES

-        Elements of ‘padded surplus’ and are also referred to as surplus or ‘net worth reserves’.

-        A part of shareholders equity which may be set up for the following purposes:

o   To provide cushion against future risks;

o   To offset subjectivity in determination of profits;

o   To reduce free surplus available for distribution to shareholders as dividends;

o   To provide for future expansion and growth;

o   To provide for repayment of debt; and

o   To increase the real value of the firm

-        There are many kinds of proprietary reserves, which include:

o   Reserve for dividend i.e. Dividend Equalization Fund;

o   Reserve for contingencies;

o   Reserve for working capital;

o   Reserve for improvement; and

o   Reserve for insurance, etc.

7)     LIABILITY RESERVES

-        For current as well as emergency liabilities. Current Liabilities are known and are sure to materialize but the extent of the liability or the amount due is not certain. Reserve for taxation is an important example of such reserves. Emergency liabilities, on the other hand, may be non-recurring which may be established through transfer from contingency reserves

8)     FUNDED RESERVES

-        A reserve does not mean cash or fund. It is merely a surplus appropriation that is included in shareholders’ equity. A fund is an actual asset in the form of cash or other investments. When the amount of reserve is invested in securities, etc., it is called funded reserve or ‘reserve fund’. A funded reserve protects the working capital position of the
company and ensures the availability of funds as and when needed.

9)     SINKING FUND RESERVES

-        A sinking fund is a fund built up by regular contribution/appropriation out of profits and the amount of interest on such contributions and the interest itself. The purpose of sinking fund may be either payment of a liability on a certain day in future or accumulation of funds to replace wasting assets.

10)  SECRET RESERVES

-        A secret reserve is a surplus which although exists in a business but is not disclosed in the balance sheet. The management, to be conservative, may write down the value of the assets below their fair value for the purpose of creating a secret or ‘hidden reserve’.

-        Secret reserves may be created by the simple method of showing profits at a figure much lower than the actual. When secret reserves exist, the financial position of the business is much better than what appears from the balance sheet.

Methods of Creating Secret Reserves:

Secret reserves may be created by any of the following methods:

o   Writing off excessive depreciation;

o   Charging capital expenditure as revenue expenditure;

o   An understatement of income;

o   An undervaluation of closing stock;

o   An undervaluation of assets;

o   An overstatement of liabilities;

o   Capitalizing revenue receipts; and

o   Showing contingent liabilities as actual liabilities.

o   Sometimes secret reserves may arise themselves, e.g., increase in the value of assets.

Advantages of Secret Reserves:

o   It is a means for stabilizing dividends;

o   It ensures better financial position;

o   It helps to hide out profits from the existing and potential competitors;

o   It acts as a cushion during the rainy days, and save business from collapse; and

o   It increases the actual capital employed in the business and improves the profitability.

Disadvantages of Secret Reserves:

o   Balance sheet does not reveal the true and fair position of the business;

o   Investors cannot make their buying and selling decisions correctly;

o   Management can conceal its inefficiency;

o   It provides an opportunity to the management for manipulation and misuse of the company’s funds.

Monday, November 9, 2020

Registered Owner Vs. Beneficial Owner

As a shareholder of a public limited company,

A person may hold the shares:

- DIRECTLY: called Registered Owner (Name is registered in the register of member of the company)

- INDIRECTLY: Through a bank or broker-dealer called beneficial owner (enjoys the right of ownership of the shares irrespective of the title)

Generally, registered owner and beneficial owner are one and the same person but in some cases they may be different i.e. there may be a case where the person whose name is entered in the register of members of a particular Company is different and the person who actually enjoys the right of ownership is different.

One of the common examples of this case is the “Holding Company and Wholly Owned Subsidiary Company”. 

The Holding Company is a Company which holds 100% shareholding of the other Company which is known as Wholly Owned Subsidiary of the Holding Company.

In order to fulfill the requirement of the Act of minimum shareholder(s), the Holding Company is required to appoint one or more nominee(s) as the shareholder(s) of the Wholly Owned Subsidiary Company. The nominee(s) appointed by the Holding Company are the registered owner holds the shares of the Wholly Owned Subsidiary Company on its name for and on behalf of the Holding Company i.e. ultimate beneficiary of such shares is Holding Company.

The current Section 89 mandates registered owner and a beneficial owner of shares of a company to make disclosures as per the prescribed forms i.e., MGT-4 and MGT-5. Upon receiving the same, the company is required to make a note of such declaration in the concerned register and make proper entries therein.

Wednesday, October 7, 2020

GST REGISTRATION DOCUMENTS CHECKLIST

DOCUMENTS FOR GST REGISTRATION

GST REGISTRATION DOCUMENTS CHECKLIST

CATEGORY OF PERSONS

DOCUMENTS REQUIRED FOR GST REGISTRATION

Sole proprietor / Individual

Ø  PAN card of the owner

Ø  Aadhar card of the owner

Ø  Photograph of the owner (in JPEG format, maximum size – 100 KB)

Ø  Bank account details*

Ø  Address proof**

Partnership firm (including LLP)

Ø  PAN card of all partners (including managing partner and authorized signatory)

Ø  Copy of partnership deed

Ø  Photograph of all partners and authorised signatories (in JPEG format, maximum size – 100 KB)

Ø  Address proof of partners (Passport, driving license, Voters identity card, Aadhar card etc.)

Ø  Aadhar card of authorised signatory

Ø  Proof of appointment of authorized signatory

Ø  In the case of LLP, registration certificate / Board resolution of LLP

Ø  Bank account details*

Ø  Address proof of principal place of business**

HUF

Ø  PAN card of HUF

Ø  PAN card and Aadhar card of Karta

Ø  Photograph of the owner (in JPEG format, maximum size – 100 KB)

Ø  Bank account details*

Ø  Address proof of principal place of business**

Company (Public and Private) (Indian and foreign)

Ø  PAN card of Company

Ø  Certificate of incorporation given by Ministry of Corporate Affairs

Ø  Memorandum of Association / Articles of Association

Ø  PAN card and Aadhar card of authorized signatory. The authorised signatory must be an Indian even in case of foreign companies/branch registration

Ø  PAN card and address proof of all directors of the Company

Ø  Photograph of all directors and authorised signatory (in JPEG format, maximum size – 100 KB)

Ø  Board resolution appointing authorised signatory / Any other proof of appointment of authorised signatory (in JPEG format / PDF format, maximum size – 100 KB)

Ø  Bank account details*

Ø  Address proof of principal place of business**

*BANK ACCOUNT DETAILS:

Ø  For bank account details, a copy of cancelled cheque or extract of passbook/bank statement (containing the first and last page) must be uploaded.  (in JPEG format / PDF format, maximum size – 100 KB)

 

**ADDRESS PROOF:

Ø  UPLOAD ANY ONE OF THE FOLLOWING DOCUMENTS:

1.      Property tax receipt

2.      Municipal Khata copy

3.      Electricity bill copy

Ø  APART FROM THE ABOVE, THE FOLLOWING MAY APPLY ON A CASE-TO-CASE BASIS:

Ø  Ownership deed/document (in the case of owned property)

Ø  Lease / rent agreement (in case of leased / rented property) – To be submitted along with (1), (2) or (3)

Ø  Consent letter / NOC from the owner (in case of consent arrangement or shared property) – To be submitted along with (1), (2) or (3)

 

BASED ON THE NATURE OF ACTIVITIES BEING CARRIED OUT BY THE ENTITY

NATURE OF GST REGISTRATION

PURPOSE OF REGISTRATION

DOCUMENTS TO BE UPLOADED

Normal taxpayer registration (including  composition dealer, Government departments and ISD registrations)

For undertaking a taxable supply of goods / or services

Ø  PAN card of Company (only in case of company)

Ø  Certificate of incorporation given by Ministry of Corporate Affairs / Proof of constitution of business

Ø  Memorandum of Association / Articles of Association (only in case of company)

Ø  PAN card and Aadhaar card of authorised signatory. Authorised signatory must be an Indian even in case of foreign companies / branch registration

Ø  PAN card and address proof of all directors of the Company (partners in case of firm)

Ø  Photograph of all directors and authorised signatory (in JPG format, maximum size – 100 KB)

Ø  Board resolution appointing authorised signatory / Any other proof of appointment of authorised signatory (in JPEG format / PDF format, maximum size – 100 KB)

Ø  Bank account details*

Ø  Address proof of principal place of business**

GST practitioner

For enrolling as GST practitioner

Ø  Photo of the applicant  (in JPG format, maximum size – 100 KB)

Ø  Address proof of place where professional practice takes place

Ø  Proof of qualifying degree (Degree certificate)

Ø  Pension certificate (only in case of retired Government officials)

TDS registration

For deducting tax at source

Ø  Photo of drawing and disbursing officer (in JPG format, maximum size – 100 KB)

Ø  PAN and TAN number of the person being registered

Ø  Photo of authorised signatory (in JPG format, maximum size – 100 KB)

Ø  Proof of appointment of authorised signatory

Ø  Address proof of tax deductor**

TCS registration

For collecting tax at source

(E-commerce operators)

Ø  PAN number of the person being registered

Ø  Photo of authorised signatory (in JPG format, maximum size – 100 KB)

Ø  Proof of appointment of authorised signatory

Ø  Address proof of tax collector **

A non-resident OIDAR service provider

For online service providers not having any place of business in India

Ø  Photo of authorised signatory (in JPG format, maximum size – 100 KB)

Ø  Proof of appointment of authorised signatory

Ø  Bank account in India*

Ø  Proof of non-resident online service provider (eg: Clearance certificate issued by Government of India, License issued by original country or certificate of incorporation issued in India or any other foreign country)

Non-resident taxable person (NRTP)

For non-residents occasionally undertaking taxable supply of goods / or services in India  

Ø  Photo and Proof for the appointment of an Indian authorised signatory

Ø  In case of individuals, scanned copy of the passport of NRTP with VISA details. In case of business entity incorporated outside India, unique number on the basis of which the Country is identified by the Government of that country. 

Ø  Bank account in India*

Ø  Address proof**

Casual taxable person

For non-registered domestic persons occasionally undertaking taxable supply of goods / or services in India

Ø  Photo and Proof for the appointment of an Indian authorised signatory

Ø  Proof of constitution of business

Ø  Bank account in India*

Ø  Address proof**

UN bodies/embassy

For obtaining Unique Identification Number to claim the refund of taxes paid on goods/services

Ø  Photo of authorised signatory

Ø  Proof of appointment of authorised signatory

Ø  Bank account in India*