audit is an effective corporate governance tool to avoid non compliances of
various rules and laws or procedures or regulations, accounting, maintenance of
books, records, etc. A secretarial audit of the company can be operated by an
independent professional in being a member of ICSI. It is a process which
ensures the legal and procedural specifications of the company are observed and
followed. The secretarial audit administers due process and is a mechanism of
monitoring compliance related to the requirements of stated laws.
of Secretarial Audit:
(a) All Listed Companies
(b) All public companies with Paid-up share capital of
fifty crores or more
(c) All public companies having a turnover of two
hundred crores or more; 1[or]
Any company having an outstanding loan or borrowing
from public financial institutions or banks of one hundred crores or more.
Only members of the Institute of Company Secretaries
of India, holding the certificate of practice endorsing them to perform as a
secretarial auditor, may conduct Secretarial Audit and provide with the Secretarial
Audit Report to a Company or organization.
For every company, the secretarial audit report is
applicable only when it fulfils the following conditions:
A Company Secretary in Practice prepares the audit report.
Form MR-3 is generated
It has annexed the Board’s Report, considering the increasing importance of Corporate Governance.
of Secretarial Audit
The secretarial audit examines the compliance of distinct
legislations included in the Companies Act and other economic and corporate
laws which are applicable to the company. A secretarial audit is a procedure to
verify the compliances made by the company under the Corporate Law and relevant
laws, rules, procedures, regulations, etc. It was an imposed vide section 204
of Companies Act, 2013 under which, the regulators will observe the companies
for compliances as required by the stated laws and processes.
Every company must comply with government laws,
regulations and rules. Any non-adherence to the compliances can be dicey for
the company. Organizations are required to conduct a periodical examination to
identify the errors of the work and also to nurture a powerful compliance
implementation in any organization.
The periodical inspections of the records will provide
the Authority with appropriate information concerned with compliance policy of
detailed secretarial audit helps:
To check compliance reports.
To protect public interest, especially of employees, customers, etc.
To stay compliant and avoid unnecessary legal actions by the law enforcement agencies.
To identify inadequate compliances and non-compliances.
To ensure suitable compliance of procedural and legal requirements crucial to the image and the goodwill of any company.
of Secretarial Audit
Generating a secretarial audit will aid your organization to have a productive implementation with procedural and legal requirements to ensure that compliance is maintained.
The Key Management Personnel (KMP) and Directors get boosted with confidence levels with its impact.
Meetings and important matters related to business can be taken into consideration by the directors only when secretarial audit ensures procedural and legal requirements in better, audible and safe means.
Therefore, it decreases the work of law enforcement authorities.
Investors will portray the appropriate by showcasing the legal records if this is followed.
Secretarial Audit plays a significant role as a tool which provides effective governance and compliance risk management.
Charter Documents concerned compliances review, if any
Share Capital and Debenture Rules- Pre & Post Issue Compliances and compliances concerned with ICDR.
Borrowings – Pre and post borrowing compliances and borrowing limit
Public deposits, if any – Pre & Post Compliances
Board and General Meetings – Agenda, Minutes and Notice
Declaration and Payment of Dividend – Pre & Post Compliances· Board of Directors – Resignations and Appointment
Internal Audit Report and Internal Audit
Auditor Appointment, Tenure of Appointment & Rotation
CSR Compliances - Limit of Contribution and Committee Formation
Related Party Transactions & its Compliances
Inter Corporate Loan, Investments and Corporate Guarantee
Buy-Back of Shares - Pre and Post Compliances
Annual Return & Annual Compliances
Member Register and Change in any Shareholding Pattern
Exchange Management Act
Foreign Direct Investment
Overseas Direct Investment
External Commercial Borrowings
and Exchange Board of India Act, 1992
The Securities and Exchange Board of India (Registrars to an Issue and Share Transfer Agents) Regulations, 1993
The Securities and Exchange Board of India (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999
The Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009
The Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
The Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015
The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015
Fiscal & Other Laws
The Employee’s Compensation Act, 1923
The Payment of Wages Act, 1936
Industrial Disputes Act, 1947
Employee’s State Insurance Act, 1948
The Minimum Wages Act, 1948
Factories Act, 1948
Employee’s Provident Fund and Miscellaneous Provisions Act, 1952
The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
The Apprentices Act, 1961
The Maternity Benefit Act, 1961
The Payment of Bous Act, 1965
The Contract Labour (Regulation and Abolition) Act, 1970
The Payment of Gratuity Act, 1972
The Water (Prevention and Control of Pollution) Act, 1974
Equal Remuneration Act, 1976
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act, 1986
The Child Labour (Prohibition and Regulation) Act, 1986
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Labour, Fiscal, and Other laws are limited to the applicability of the Company
Required for Secretarial Audit
Bank account details for Dividend
Annual Performance Reports, Lease Deed, LUT cum Bond, Softex returns
Proof of spending CSR Amount
Last year Secretarial Audit Report
Registers maintained under Labour Laws
Audited Financial statements
Sitting fees and Remuneration details paid to Directors
ECB Returns (if there are foreign borrowings in the company)
Filings with RBI (If there is a foreign investment)
Filings and Intimations with Registrar of Companies, Soft Exchanges, Newspaper Advertisements (if listed)
Filings with other statutory departments
information collected from users (each, a "User") of the http://www.eazystartup.com website ("Site"). This
1. Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited
to, when Users visit our site, register on the site, place an order, and in connection with other activities,
services, features or resources we make available on our Site. Users may be asked for, as appropriate, name,
email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will
collect personal identification information from Users only if they voluntarily submit such information to us.
Users can always refuse to supply personally identification information, except that it may prevent them
from engaging in certain Site related activities.
2. Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site.
Non-personal identification information may include the browser name, the type of computer and technical
information about Users means of connection to our Site, such as the operating system and the Internet
service providers' utilized and other similar information.
3. Web-browser Cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard
drive for record-keeping purposes and sometimes to track information about them. User may choose to set
parts of the Site may not function properly.
4. How we use collected information
Eazystartup may collect and use Users personal information for the following purposes:
To improve customer service – Information provided by you, helps us to respond better over customer
service requests and support can be provided more efficiently.
To personalize user experience - We may use information in the aggregate to understand how our Users
as a group use the services and resources provided on our Site.
To improve our Site - We may use feedback received at portal to improve our products and services.
To process payments - We may use the information provided by Users while placing an order only to
provide service to that order. We do not share this information with outside parties except to the extent
necessary to provide the service.
To run a promotion, contest, survey or other Site feature – Eazystartup will send information and updates
to its users as they agreed to receive about topics and in our opinion will be beneficial to them.
To send periodic emails - We may use the email address to send User information and updates pertaining
to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User
decides to opt-in to our mailing list, they will receive emails that may include company news, updates,
related product or service information, etc. If at any time the User would like to unsubscribe from
receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or
User may contact us via our Site.
5. How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect
against unauthorized access, alteration, disclosure or destruction of your personal information, username,
password, transaction information and data stored on our Site. Sensitive and private data exchange between
the Site and its Users happens over a SSL secured communication channel and is encrypted and protected
with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as
secure of an environment as possible for Users.
6. Sharing your personal information
We may use third party service providers to help us operate our business and the Site or administer activities
on our behalf, such as sending out newsletters or surveys. We may share your information with these third
parties for those limited purposes provided that you have given us your permission.
7. Google Adsense
Some of the advertisements (ads) may be served by Google. Google's use of the DART cookie enables it to
serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non-personally
identifiable information" and does NOT track personal information about you, such as your name, email
address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and
8. Compliance with Children’s Online Privacy Protection Act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain
information at our Site from those we actually know are under 13, and no part of our website is structured to
attract anyone under 13.
Policy will be updated over website. We encourage Users to frequently check this page for any changes to
stay informed about how we are helping to protect the personal information we collect. You acknowledge
10. Contact us
please contact us at firstname.lastname@example.org.
TERMS & CONDITIONS
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
1.RESPONSIBLE USE AND CONDUCT
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Contains any type of unauthorized or unsolicited advertising;
Impersonates any person or entity, including any www.eazystartup.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
You agree to indemnify and hold harmless Eazystartup.com a digital property of Eazystartup Services Private Limited and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
3.LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
4.LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.EazyStartup.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
5.COPYRIGHTS / TRADEMARKS
All content and materials available on www.EazyStartup.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Eazystartup Services Private Limited, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Eazystartup Services Private Limited.
6.TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Eazystartup Services Private Limited from our offices located in the state of Telangana, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Telangana, India by accessing our website, you agree that the statutes and laws of Telangana, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Telangana, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
8.CANCELLATION AND REFUND
Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by Eazystartup Services Private Limited.
UNLESS OTHERWISE EXPRESSED, www.Eazystartup.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:
Eazystartup Services Private Limited,
No. 1-8-32/27, 2nd Floor, Flat No.202,
Bapu Bagh Colony, Secunderabad, Hyderabad,
Telangana - 500 003.
Email – email@example.com
At Eazystartup, we take pride in the services delivered by us and guarantee your satisfaction with our services and support. We constantly improve and strive to deliver the best accounting, financial or secretarial services through the internet. However, in case you are not satisfied with our services, please contact us immediately and we will correct the situation, provide a refund or offer credit that can be used for future Eazystartup orders.
Not Satisfied? Let us know!
If you're not satisfied with the service, simply mail us on firstname.lastname@example.org with your concerns. Your grievances will be reviewed by the members of the Senior Management and personally responded within 24-48 hours, for amicable resolution.
When a payment of fee is made to Eazystartup, the fees paid in advance are retained by Eazystartup in a client account. Eazystartup will earn the fees upon working on a client's matter. During an engagement, Eazystartup earns fee at different rates and different times depending on the completion of various milestones (e.g. providing client portal access, assigning relationship manager, obtaining DIN, Filing of forms, etc.,). Refund cannot be provided for earned fee because resources and man hours spent on delivering the service are non-returnable in nature. Further, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. Under any circumstance, Eazystartup shall be liable to refund only up to the fee paid by the client.
Procedure for Requesting Refund
Refund request can be initiated by mailing us on email@example.com. All refund requests must be made within 30 days of purchase. Refund request over 30 days will not be accepted and only credit will be provided for completion of service / change of service. We will complete processing your refund request within 4 to 5 weeks of receiving all the information required for processing refund like reason for refund, bank details for processing request, etc.
Change of Service
If you want to change the service you ordered for a different one, you must request this change of service within 30 days of purchase. The purchase price of the original service, less any earned fee and money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your Eazystartup account. You can use the balance credit for any other Eazystartup service.
Eazystartup has a standard pricing policy wherein no additional service fee is requested under any circumstance. However, the standard pricing policy is not applicable for an increase in the total fee paid by the client to Eazystartup due to increase in government fee or fee incurred by the client for completion of legal documentation or re-filing of forms with the government due to rejection or resubmission. Eazystartup is not responsible or liable for any other cost incurred by the client related to the completion of the service.
Factors outside our Control
We cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of Eazystartup service. In some cases, a government backlog or problems with the government platforms (e.g. MCA website, Income Tax website, FSSAI website) can lead to long delays before your process is complete. Similarly, Eazystartup does not guarantee the results or outcomes of the services rendered by our Associates on nearest Expert platform, who are not employed by Eazystartup. Problems like these are beyond our control and are not covered by this guarantee or eligible for refund. Hence, delay in processing of your file by the Government cannot be a reason for refund.
Eazystartup shall not be considered in breach of its Satisfaction Guarantee policy or default under any terms of service, and shall not be liable to the Client for any cessation, interruption, or delay in the performance of its obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event").
Since we're incurring costs and dedicating time, manpower, technology resources and effort to your service or document preparation, our guarantee only covers satisfaction issues caused by Eazystartup - not changes to your situation or your state of mind. In case you require us to hold the processing of a service, we will hold the fee paid on your account until you are ready to commence the service.
Before processing any refund, we reserve the right to make best effort to complete the service. In case, you are not satisfied with the service, a cancellation fee of 20% on the earned fee + actual fee paid to government would be deducted. In case of change of service, the cancellation fee would not be applicable and fee paid to government is not refundable, in any case.