Notice Of Change Of Directors Form 6 The Business Corporations Act: Fill & Download for Free

Hello Joanne!Very interesting and relevant question!As of now, there are four. Richard Burr, Jim Inhofe, Ron Johnson and Kelly Loeffler. Burr’s share in this scandal I already explained in this answer: Roland Temmerman's answer to Why did Senator Richard Burr warn wealthy members of a business club that a pandemic was coming 5 weeks ago?This is what Inhofe sold, second tweet:Here's some stock sales in that same time frame by Sen. Jim Inhofe R-OK pic.twitter.com/5npBsEtciH— Jamie Dupree (@jamiedupree) March 20, 2020Up next is Ron Johnson. Senator Johnson, who has a net worth estimated at over $36 million, made a major transaction.The exact amount is unknown, as ethics forms only require disclosure in broad ranges, but Johnson reported selling over $5 million that day — and potentially up to $25 million.In a report filed today, Sen. Ron Johnson R-WI with a very large stock sale earlier this month. pic.twitter.com/c9QbjYOcPa— Jamie Dupree (@jamiedupree) March 20, 2020Not too shabby, I’ll say!Now in Johnson’s defense, he sold off his share in his family’s company but it doesn’t matter since it’s still insider trading. Here’s the filing. eFD: HomeHis sale was reportedly announced February 11th.“A San Francisco-based private equity firm, Gryphon Investors, has made an equity investment in Oshkosh-based Pacur LLC, the supplier of specialty plastic packaging materials to the medical device industry that was led by Wisconsin Sen. Ron Johnson prior to his election to the U.S. Senate in 2010,” BizJournals reported. “Details of the transaction were not disclosed.” https://www.bizjournals.com/milwaukee/news/2020/02/11/private-equity-firm-makes-equity-investment-in.htmlAnd last but certainly not least, we have Kelly Loeffler. A few words about her first. Kelly Loeffler is married to Jeffrey Sprecher, the chairman of the New York Stock Exchange, and the chairman and CEO of Intercontinental Exchange, which is NYSE's parent company.Loeffler assumed office on Jan. 6 after having been appointed to the seat vacated by retiring Sen. Johnny Isakson. Between then and Jan. 23 she did not report a single stock transaction from accounts owned by her individually or by her and her husband jointly.Between Jan. 24 and Feb. 14, by contrast, Loeffler reported selling stock jointly owned with her husband worth between $1,275,000 and $3,100,000, according to transaction reports filed with Senate ethics officials. On Feb. 14, she also purchased the Citrix stock and another $100,000 to $250,000 in technology company Oracle, which has seen its share price decline by more than 18 percent since then.The 15 stocks that Loeffler reported selling have lost more than a third of their value, on average, since she reported offloading them. She initially reported many of the transactions as sales of stock owned by her husband. Last week she amended the filing to note that most of them were jointly owned. Sen. Kelly Loeffler Dumped Millions in Stock After Coronavirus BriefingThe full scope of Loeffler’s portfolio and its particular holdings is not yet known. Senators are required to regularly disclose that information, but in January she requested an extension from Senate ethics officials. A full accounting of her finances will not be public until May.Fun fact: Loeffler’s worth an estimated $500 million.But what’s really remarkable in an appalling, egregious, heinous way, is that in the weeks after her spate of stock trades, Loeffler sought to downplay the public health and financial threats posed by the coronavirus.“Democrats have dangerously and intentionally misled the American people on #Coronavirus readiness,” she tweeted on Feb. 28. “Here’s the truth: @realDonaldTrump & his administration are doing a great job working to keep Americans healthy & safe.”And to top it off she tweeted this doozy on March 10th:Concerned about #coronavirus? Remember this:The consumer is strong, the economy is strong, & jobs are growing, which puts us in the best economic position to tackle #COVID19 & keep Americans safe.Update following meeting with @realdonaldtrump, @VP, & @StevenMnuchin1: pic.twitter.com/H9t2D6x19k— Senator Kelly Loeffler (@SenatorLoeffler) March 10, 2020She literally sold 7-figures in stock and purchased stock in 'teleworking' companies knowing people would be forced to work from home. Talk about hypocrisy and sheer grifiting…Now what will be the consequences for these four senators? Rest assured that the pressure on them to resign will be overwhelming in the coming days. If Trump wants to call the COVID-19 crisis a “war”, these are war profiteers. And since they’re members of the GOP voting against removal of IMPOTUS, they have even more reason for their resignations.Darn that crony capitalism, kleptocracy, and Republican character traits.And then there’s this:“The Stop Trading on Congressional Knowledge (STOCK) Act (Pub.L. 112–105, S. 2038, 126 Stat. 291, enacted April 4, 2012)…prohibits the use of non-public information for private profit, including insider trading by members of Congress and other government employees.”en.wikipedia.org/…(Sec. 6) Amends the Ethics in Government Act of 1978 (EGA) to require specified individuals to file reports within 30 to 45 days after receiving notice of a purchase, sale, or exchange which exceeds $1,000 in stocks, bonds, commodities futures, and other forms of securities and subject to any waivers and exclusions.Lists such individuals as: (1) the President; (2) the Vice President; (3) executive officers or employees, including certain special government employees and members of a uniformed service; (4) appointed administrative law judges; (5) executive branch employees in positions excepted from the competitive service because of their confidential or policymaking character (except those excluded from such exception by the Director of the Office of Government Ethics [OGE]); (6) the Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the U.S. Postal Service, and certain U.S. Postal Service officers or employees; (7) the OGE Director and each designated agency ethics official; (8) civilian employees of the Executive Office of the President (other than a special government employee) appointed by the President; (9) Members of Congress; and (10) congressional officers and employees.(Sec. 18) Amends the federal criminal code to subject to a fine or imprisonment of up to 15 years, or both, as well as possible disqualification from holding federal office, certain covered government persons, in addition to Member of Congress and congressional employees, who with the intent to influence, on the basis of partisan political affiliation, an employment decision or employment practice of any private entity: (1) takes or withholds, or offers or threatens to take or withhold, an official act; or (2) influences, or offers or threatens to influence, the official act of another.Extends the meaning of "covered government person" (currently restricted to Members of Congress and congressional employees) to include the President, Vice President, an employee of the U.S. Postal Service or the Postal Regulatory Commission, or any other executive branch employee.www.congress.gov/...Could anyone of them, particulary Senator Burr be prosecuted for insider trading? Here’s what former federal prosecutor Renato Mariotti (@renato_mariotti) | tweeted:Whether it is insider trading that is illegal (or criminal) is complicated.Insider trading is when someone learns of "material, nonpublic information" and uses that to trade stock. That means that the person knew something the public didn't know, which can sometimes give a trader a big advantage over the public.Insider trading by Senators and Members of Congress was *legal* until the STOCK Act of 2012. (See below.)Interestingly, Burr was one of only three Senators to vote against the STOCK Act.Insider trading is only illegal when the information is "material," meaning that it would have caused a significant change in stock price.It is also only illegal when the information is known by the trader and is not public.To prove Burr engaged in insider trading, the government would have to prove he knew of information that -- if the public knew about it -- would cause a significant change in the price of stocks that he sold.I realize it seems obvious to many of you that this was the case.But the government (SEC or DOJ) would have to prove each of those things. So first of all, they would need to prove exactly what Burr knew and find some piece of information that was not known by the public that was so important that it would have changed stock prices.Remember that there was a *lot* of public information and discussion already about the coronavirus. I suspect that his lawyers would spend a lot of time finding articles by experts that warned of the threat. They would argue that what Burr learned was essentially public.In addition, they would argue the information was not "material" because there was no way Burr would have known that it would have caused a significant change in price in the particular stocks that he sold.They would claim he couldn't have predicted a recession in advance.I'm not saying that these arguments would be successful. But it's complicated, and the first step is for the SEC and DOJ to investigate this matter.There is certainly enough information here to launch an investigation, and there should be a bipartisan call for one.Not all insider trading is prosecuted criminally. An inquiry by the SEC, which polices the stock markets, is a good starting point. There is a far higher burden of proof in a criminal case.The SEC should investigate this matter and see where the evidence leads. Another hurdle for SEC/DOJ would be that the STOCK Act is a fairly new statute that has not been used in the context of information that is not specific to an individual company.Prior cases were based on corporate insiders, not governmental "insiders" under the Act.So to conclude: Richard Burr already announced awhile back that he won’t be running for reelection when his current Senate term is up in 2022, so I won’t be shocked if he tries to cut some kind of resignation deal in exchange for immunity. Kelly Loeffler is in a rather different position. Because she was appointed near the end of a term, she has to run for “reelection” this November. After this scandal, you have to wonder if she’ll remain in the race…

Registering a Company:There are some official procedures a startup or a company has to follow in order to register them in Indian official records.Types of Company:First of all let us defined a company. A company is a legal entity; According to Section 3 of companies act company means a legal entity formed and registered under Companies Act 1956. Under the ministry of corporate affairs, every company is to be registered by the registrar of companies.Now, to register a company you have two options.Private company:Public company:The main differences between Private and Public companies are:Minimum number of Board members required for a private company is two and for a public company is seven.Private company can have maximum of only 50 members, but a public company can have any number of members.A private company can start its business as soon as it is incorporated but the public company should not start its business until it receives business commencement certificate.Private company should not sell it’s shares to anyone or should not make any invitation to people regarding a company shares, but a public company can invite people to buy it’s shares by issuing a prospectus.Private company may have two directors, but a public company must have at least three directors.These are five major steps:Acquiring Digital Signature Certificate(DSC)Acquiring Director Identification Number(DIN)Filing an eForm or New user registrationIncorporate the companyApply for a PAN & TANNow, you have decided to register the type of company, the first step is to acquire Director Identification Number(DIN):1: Director Identification Number(DIN)This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, you should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.After getting generated DIN you should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.Step 2: Digital Signature Certificate(DSC):In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, nCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.Step 3: Create a account on MCA Portal – New user registrationThis is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.Step 4: Apply for the company to be registered.This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary.Form-1:Form-1A: Application form for availability or change of a company name. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the letter safe which will be required during registration process of the proposed company.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary.For an existing company, this form is for a change of directors, Manger, Secretary or company head.Form No. 29-Consent to act as a director etc. Dates on the consent Form and the undertaking letters should be the same as is mentioned in the Memorandum of Association signed by the director himself. A private company and a wholly-owned Government company are not required to file Form No. 29.No objection letter from the persons whose name has been given in application for availability of name in Form No. 1-A as promoters / directors but are not interested at a later stage should be obtained filed with the Registrar at the time of submitting documents, for registrationThe agreements, if any, which the company proposes to enter with any individual for, appointment as managing or whole-time director or manager are also to be filed.Check these documents before submission of a company:DIN of all those directors of a proposed company.DSC – Digital Signature CertificateOriginal copy the of formal letter issued by ROC regarding availability of Company name.Form-1 for incorporation of a company.Form-18 for situation or address of the proposed company.Form-32 for particulars of proposed directors, managers and secretary.After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.Step 5: Apply for a Permanent Account Number (PAN) and Tax Account Number (TAN):Once your company has been incorporated you can open a Current account in any of the leading banks for carrying out your operations.Then you need to apply for TAN and PAN for the Company. http://www.incometaxindiapr.gov.in/incometaxindiacr/ppt_html20081017/TDSTutorial/TDStrial12.htmlIf your services are in Software related area you can apply for STPI license which will give you certain benefits like Company need not pay tax for 5 years, there will be no import or expurty duty levied on software/hardware etc.All this you can do on your own or you can outsource these to professional auditor. The whole procedure generally takes around 3-4 weeks.Trademark or Logo Registration:Trademark registration of a brand name means nothing but brand name registration. It basically means, “this brand name is ours! And if you dare to use it to sell your products, we can sue you!”In India, you can trademark any of the following or even a combination of these things:Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a Combination of Colors.Step 1: Search for a “quirky” brand nameYou get the point, don’t you? Come up with a whacky and quirky brand name, because all the generic ones are generally taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name.Step 2: Making the trademark applicationNow that your name is finalized upon, fill in the trademark application i.e. Form- TM 1. The application costs INR 3500 (varies) and is a one time fee.Along with the application, you will need to submit a couple of supporting documents:A Business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.An image of your brand logo in a standard size of 9 x 5 cmsIf applicable, proof of claim of the proposed mark being used before in another country.Step 3: Filling the brand name registration applicationThere are 2 ways to file the registration – manual filing or e-filling.In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.But in e-filing system, the acknowledgement of the application is issued immediately.And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!Step 4: Examining the brand name registration applicationAfter receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. That’s why we said, quirky brand name, people!Step 5: Publication in the Indian Trade Mark JournalsAfter examination, the logo or brand name is published in the Indian Trade Mark Journal.Step 6: Issuance of the trademark registration certificateIf no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application! Woohoo! And issues a Certificate of Registration under the seal of Trademark Registry.You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.The whole process of registration of a brand name usually takes anything between 15-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.Although the process of registering a trademark is lengthy and a little heavy on the pocket, it is definitely worth the investment of legally protecting your brand. However, if you are just starting out, investing in a trademark may not be absolutely essential.References:http://www.legalserviceindia.com/company%20law/company_formation_procedure.htmhttp://www.incometaxindiapr.gov.in/incometaxindiacr/ppt_html20081017/TDSTutorial/TDStrial12.html4 Steps to Register your Startup in Indiahttp://blog.abhyankarcs.com/company-formation-in-india/questions-procedure-company-registration-in-india-faqs/http://www.mca.gov.in/MCA21/certifying-new.htmlLogo RegistrationHow to register a trademark? - The Times of IndiaGuide: How to Register Trademark For Your Brand in India

Registering a startup or a new business in India first and foremost one has to go by, there are some official procedures a startup or a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back, please find below on how to go about these process when you want to register your company.One don’t need to visit corporate office, you can apply for registration just sitting at home. We will help you to get a legal license for your business. The registration includes some must follow rules and some registration like Digital Signature Certificate(DSC), Director Identity Number(DIN) and filing for an eform.AdvertisementThese are four major steps:Acquiring Digital Signature Certificate(DSC)Acquiring Director Identification Number(DIN)Filing an eForm or New user registrationIncorporate the companyIt’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.Know the basics first: What is mean by company, the private company and public company?In India, there are about 7 lacks registered companies and every month thousands of firms apply for registration. company is a legal entity; According to Section 3 of companies act company means a legal entity formed and registered under Companies Act 1956. Under the ministry of corporate affairs, every company is to be registered by the registrar of companies for the state. This act maintains two types of companies called private and public companies. The ‘Limited’ is the most commonly used corporate form at the end of the company name. First you need to know what are these public and private companies and decide how you want your company to get registered.When it comes to company registration, Every firm will have following two options:Private company:Public company:The main differences between Private and Public companies are:Minimum number of Board members required for a private company is two and for a public company is seven.Private company can have maximum of only 50 members, but a public company can have any number of members.A private company can start its business as soon as it is incorporated but the public company shouldn’t start its business until it receives business commencement certificate.Private company shouldn’t sell it’s shares to anyone or shouldn’t make any invitation to people regarding a company shares, but a public company can invite people to buy it’s shares by issuing a prospectus.Private company may have two directors, but a public company must have at least three directors.Lets start the registration procedure: 4 StepsStep 1: Acquire Director Identification Number(DIN)This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.Register yourself on MCA website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.Step 2: Acquire Digital Signature Certificate(DSC):In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, nCODE Solutions etc. to check out their price details of these Govt approved agencies.Step 3: Create a account on MCA Portal – New user registrationThis is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.Step 4: Apply for the company to be registered.This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary.For an existing company, this form is for a change of directors, Manger, Secretary or company head.After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.Detailed procedure for approval of the proposed company name:For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.Check these documents before submission of a company:DIN of all those directors of a proposed company.DSC – Digital Signature CertificateOriginal copy the of formal letter issued by ROC regarding availability of Company name.Form-1 for incorporation of a company.Form-18 for situation or address of the proposed company.Form-32 for particulars of proposed directors, managers and secretary.Formalities to be followed while incorporation of a company:Obtain a TAN cardObtain a Permanent account number (PAN) from income tax dept. IndiaIf required: Documents obeying shop and establishment acts.If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.If required: Registration documents of Software technologies Parks of India (STPI).If required: RBI approval for foreign companies investing in India and FIPB approval.Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.