Advocate Maithili Shaan Katari Libby

Questions Answered by Advocate Maithili Shaan Katari Libby

Q: What are the procedures to start sports academy

Dear Sir/Madam, i have plan to start up the new sports academy in my native place of Kanyakumari Dist, TN. I need to know the procedure and formalities. also please advise the cost for the documentation and registration. is there any other requirements? please advise 

Advocate Maithili Shaan Katari Libby answered
A Sports Academy can choose to register itself using the following forms:-Sole Proprietorship:- Registration not required. However, one can register a Proprietor Declaration deed with the Sub-Registrar’s office.Partnership Firm:Under Section 58, a firm can be registered at any time by filing an application with the Registrar of Firms (Sub-Registrar’s Office) of the area in which any place of business of the firm is situated. There are three sub-registrar offices in the district of Kanya Kumari. The Application needs to be presented where the place of business of the firm is situated.The application shall contain the following particulars: -Name of the firm:Place or principal place of businessName of any other place s where the firms carries on business.Date on which each partner joined the firmName in full and permanent address of partnersDuration of the firmCosts involved:Statutory Cost:Stamp Duty: Rs.300Registration Fee: 1% on the capital investedProfessional Cost:Drafting of the Partnership Deed & Legal Advisory costsLimited Liability Partnership: Requirements-A minimum of two partners will be required for formation of an LLP. Appointment of at least two “Designated Partners” shall be mandatory for all LLPs.Every LLP shall be required to have at least two Designated Partners who shall be individuals and at least one of the Designated Partner shall be a resident of India.Every Designated Partner would be required to obtain a “Designated Partner’s Identification Number” (DPIN) on the lines similar to “Director’s Identification Number” (DIN) required in case of directors of companies.Declaration made either by an Advocate, or a Company Secretary or a Chartered Accountant or a Cost Accountant, who is engaged in the formation of LLP by stating that all the requirements of Companies Act and its rules have been complied with.Name and address of the persons who are to be its partners of the LLP on incorporation.Name and address of the persons who are to be designated partners of the LLP on incorporationPartners must enter into an LLP agreement & also need to have Incorporation Document.The name can be reserved by Registrar of Companies on approval of Form 1, for a period of 3 months from the date of intimation by the Registrar.Registering Authority: Registrar of Companies, Ministry of Corporate Affairs (Chennai & Coimbatore)Process of Registration:The process of incorporation of LLP is entirely online. The electronic filing of documents is done with the Registrar of Companies at http://mca.gov.in/LLP . Step 1: - Obtain Digital Signature for each partnerStep 2: - Obtain Director Identification Number (DIN)Step 3: - Submit Form 1 for approval of name of the LLPStep 4: - Submit Form 2 with incorporation detailsStep 5: - File LLP Agreement in Form 3 and Details of Partners in Form 4Then LLP gets registered.Step 1: Obtain Digital Signature Certificate (DSC) for each partner of the LLPA digital signature certificate (of Class 2) is required for electronic filing of documents with the Registrar of Companies, through the website of the Ministry of Corporate Affairs.It can be purchased from a licensed authority in India, such as MTNL Trustline, e-Mudhra etc.Step 2: Obtain Director Identification Number (DIN) for each designated partner of LLPDIN can be obtained for each designated partner of LLP by filing form DIR-3. Standard set of documents required to be attached to the form- proof of identity, proof of residence (such as Passport, Voter ID, Driving License, Ration Card, Pan Card) and a photograph.As of January,2017 cost of filing Form DIR 3 on MCA site is Rs.500 per designated partner.Step 3: Submit Form 1 for name approvalAfter obtaining the DIN and the DSC for the Directors, Form 1 needs to be submitted on the LLP site for approval of a name of the LLP. The LLP may give up to six preferences for its name. The preferences must be given keeping in mind the LLP Rules,2009. The key guidelines in the rules are summarized here: -The name must not resemble or sound the same as the name of an already registered company, LLP or an existing trademark. The name should not be in abbreviated form.It should not give a misleading impression relating to the scale of operations of the LLP.The name should not be misguiding or offensive to any sections of the people.Note: Reade Rule 18 before choosing name of the LLP.Step 4: Submit incorporation details in Form 2After approval of the name of the LLP, details about the LLP need to be submitted in Form 2 with the prescribed fee as per following table: - Fee for registration of LLPContribution of LLP (in Rs.)Registration Fee (in Rs)1 Lakh or less500Above 1 Lakh but less than 5 Lakh2000Above 5 Lakhs but less than 10 Lakhs4000Above 10 Lakhs5000If all details are satisfactory, the ROC usually issues a certificate of incorporation within 1-2 weeks of submitting the details.Step 5: File LLP Agreement on Form 3 and details of partners in Form 4After receiving the certificate of incorporation, the following forms need to be filled with the ROC within 30 days:Form 3, which requires certain details of the LLP Agreement to be pasted into the form. A stamped copy of the LLP agreement must be scanned and attached along with the form.Form 4, containing details of each partner and designated partner must be filed.Annual compliance Every LLP would be required to file (i) an annual return in Form 11 with ROC within 60 days of the disclosure of financial year, and (ii) a Statement of Accounts and Solvency in Form 8, within 7 months from the end of the financial year. Maintenance of AccountAn LLP whose contribution exceeds Rs.25 lakh or the Limited Liability Partnership whose turnover exceeds Rs.40 Lakh are required to annually get their accounts audited by any Chartered Accountant in practice.Cost InvolvedStatutory Cost:- Registration fee Rs.500 to Rs.5000 (please refer to the above table)Cost of filing Form 1 on the LLP site is Rs.200.Digital Signature Cost- Rs.200 to Rs.1000Professional Cost: Towards drafting Incorporate Document & LLP Agreement and Advisory Services.One Person Company:An OPC can be established as a private limited company either as: -A company limited by share capital or,A company limited by guarantee.As per Section 2(22) of Companies Act, “Company limited by share” means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them.As per Section 2 (21) of Companies Act, “Company limited by guarantee “means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up. Registering Authority: Registrar of Companies, Ministry of Corporate Affairs (Chennai & Coimbatore)Threshold Limit for OPCWhen paid up capital exceeds Rs.50 lakh or its average turnover of immediately preceding three consecutive financial years exceeds Rs.2 Crore, then the OPC has to mandatorily convert itself into private or public company.Source: - http://www.mca.gov.in/MinistryV2/onepersoncompany.htmlIncorporation through SPICe (Without filling RUN)Stakeholders can avail of 5 different services (Name Reservation, Allotment of Director Identification number (DIN), Incorporation of New Company, Allotment of PAN and Allotment of TAN) in one form by applying for Incorporation of a new company through SPICe form (INC-32) - Simplified Proforma for Incorporating Company electronically (SPICe) - with eMoA (INC-33), eAOA (INC-34).Incorporation through SPICe (With RUN)Name reservation: RUN service shall be used for name availability. Incorporate OPC: After name approval, form SPICe shall be filed for incorporation of the OPC within 20 days from the data of approval of RUN.The company shall file form INC-22 within 30 days once form SPICe is registered in case the address of correspondence and registered office address are not same.Cost Involved:Statutory CostRegistration Fee:Digital Signature cost:Rs.1000Professional Cost:Towards Drafting Memorandum & Article of Association and Advisory ServicesPrivate Limited Company :To register a private limited company, a minimum of two shareholders and two directors are required. A natural person can be both a director and shareholder, while a corporate legal entity can only be a shareholder. Further, foreign nationals, foreign corporate entities or NRIs are allowed to be Directors and/or Shareholders of a Company with Foreign Direct Investment, making it the preferred choice of entity for foreign promoters.Registering Authority: Registered in the state where the registered office of the company is to be situated. [Registrar of Companies, Ministry of Corporate Affairs (Chennai & Coimbatore)]*Incorporation of a Private Limited CompanyFollowing documents need to be filed with Registrar of Companies;-Memorandum and Articles of the company duly signed by all the subscribers to the memorandum A declaration from an advocate, a chartered accountant, cost accountant or company secretary in practice who is engaged in the formation of company declaring that all the requirements of Companies Act and rules has been followed.An affidavit from each of the subscribers to the memorandum and from persons names as the first directors.The address for correspondence till its registered office is establishedIdentity proof of every subscriberThe particulars of the persons mentioned in the articles as first directors of the company, their names, the DIN, residential address, nationality along with proof of identityParticulars of interests of the persons mentioned in the articles as the first directors of the company in other firms or bodies along with their consent to act as directors of the company in such form and manner as may be specified.

Q: Husband torturing to initiate divorce procedure

My sister's marriage happened 4 years before. From the day 1 her husband and in-laws demanded for dowry. So after 2months they sent her to my mom's home. She lived in parents home for nearly 2and half. In between period there were lot of discussion happened between both families. Somehow issue sorted down and she lived with husband for 2yrs. They don't have kids. Again problem started now, due to some financial need in her in-laws family. Her husband asked her to give divorce but he did not apply for it. Due to emotional and physical torture now she is living in mom's home. He wants her to initiate the divorce process. Kindly advise how to deal with this.

Advocate Maithili Shaan Katari Libby answered
You could get your lawyer to file a case against him for dowry harrassment or under the Domestic Violence Act - this would give them a jail sentence. They are not meant to be harrassing women for dowry - it is not legal in this country and these people sound horrible. She is better off without them. I would suggest the following: 1. Get a settlement amount paid now from them to your sister - up front. No promises. and then 2. File a mutual consent petition so that in 6 months she can be free and start her life again.

Q: How to get wife's salary statement

Just would like to know how to pull the salary stmt of my wife?..since she about to file Maintenance against me

Advocate Maithili Shaan Katari Libby answered
Hello,Send a formal legal letter - your lawyer can do this for you - asking for the salary statement as it is needed for a court case. If they refuse get a court order for this evidence. If there are children then you will probably need to pay maintenance anyway.

Q: Whether a working woman is eligible for claiming maintenance

Sir, I have filed a divorce case against my wife as we got seperated in 5 months after our marriage. I waited for an year to hear from her and also tried speaking to her but no response. When I contacted her family members they replied that they want divorce as her daughter is not willing to continue the relationship. Since there were no support from her family also I filed divorce against my wife. We don't have any child. Now my wife have filed a maintenance case against me claiming that she is not working and her parents are also not working and I have to pay her half of my salary as maintenance to lead her life and also take care of her parents. But actually the fact is she is working and also earning 2 times more then my salary every month and even her her father is earning equal to my salary. So here I need some guidance for the below points.1. Is it enough that mentioning about her Jobs details in my return counter file. 2. Is she eligible for maintenance as she is earning more.

Advocate Maithili Shaan Katari Libby answered
Hello,1. Is it enough that mentioning about her Jobs details in my return counter file. Provide evidence too please.2. Is she eligible for maintenance as she is earning more.Not if there are no children involved. She is an independent working adult - she does not need your help.

Q: Can mother be legal heir of her son

Can mother be a legal heir of her son who converts to Christianity at the time of his marriage

Advocate Maithili Shaan Katari Libby answered
Mother as a legal heirHindus here - Christians beneath.A mother has the right to acquire the property of her deceased son as per section 8 of Hindu Succession Act 1956.8. The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter: — (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; (b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule; (c) thirdly, if them is no heir of any of the two classes, then upon the agnates of the deceased; and (d) lastly, if there is no agnate, then upon the cognates of the deceased.HEIRS IN CLASS I AND CLASS II:Class I- Son; daughter; widow; mother; son of a predeceased son; daughter of a predeceased son; son of a predeceased daughter; daughter of a predeceased daughter; widow of a predeceased son; son of a predeceased son of a predeceased son; daughter of a predeceased son of a predeceased son; widow of a predeceased son of a predeceased son.All the heirs of the class 1 has equal share in the property. Class II- I. Father. II. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister. III. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter's daughter's son, (4) daughter's daughter's daughter. IV. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter. V. Father's father; father's mother.VI. Father's widow; brother's widow. VII. Father's brother; father's sister. VIII. Mother's father; mother's mother. IX. Mother's brother; mother's sister. Christians are Governed by the Indian Succession Act 1925Mother has right over the property of her son even if he converts to any other religion.32. Devolution of such property.- The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. Explanation.--A widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's estate. 33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred. -Where the intestate has left a widow-- (a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) *[save as provided by section 33A], if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow. This caselaw also shows that rights don't change because of a change of religion.Madras High CourtMuthoora Palliath Purakkot Paru ... vs Muthoora Palliath Purakkot Raman ... on 29 March, 1921, Equivalent citations: (1921) ILR 44 Mad 891Author: J Wallis, Bench: J Wallis, Spencer, K Sastri13.Where before conversion partition without common consent cannot be claimed on any ground, severance effected by change of religion cannot give a right to partition. Kulada Prasad Pandey v. Haripada Chatterjee (1913) I.L.R., 40 Calc., 407 was also a case of one of the members of a Mitakshara family becoming a convert. Partition was a right to which the convert was entitled to before conversion and severance of the co-parcenary created by the conversion gave him no new right. Where under the law governing the parties it is open to any one member to resist a partition it is difficult to see how his rights can be taken away because another member chooses to change his religion.