Secretarial And FEMA Compliances

Role & responsibilities

Responsibilities Secretarial

• Incorporation: formation of companies, LLPs and partnership firms name approval, MOA/AOA, LLP agreements, partnership deeds and registration.
  
• Share capital: event-based filings for alteration in share capital – increase in authorised capital, issue and transfer of shares, private placement, rights and bonus issues.
  
• Directors & office: appointment and resignation of directors and KMP, change of registered office and other alterations to MOA/AOA/LLP agreement.
  
• Drafting: all secretarial documents – LLP agreements and supplementary deeds, notices, agendas, board and shareholder resolutions, and minutes.
  
• Meetings: conducting Board Meetings, Annual General Meetings and EGMs end-to- end, and preparing minutes.
  
• Annual filings: for companies and LLPs – AOC-4, MGT-7/7A, ADT-1, DIR-3 KYC, DPT-3, Form 8 and Form 11.
  
• Statutory registers: maintaining and updating registers of members, directors, share transfers, charges, etc.
  
• ISIN & demat: obtaining ISIN and dematerialisation of shares, coordinating with RTAs and depositories.
  
• Closures: striking off of companies and LLPs, and voluntary liquidation.
  
• Advisory: general advisory under the Companies Act, LLP Act and Partnership Act; end-to-end secretarial filings and compliances, and any other secretarial work.

Responsibilities – FEMA & RBI

• FEMA reporting: preparation and filing of forms on the RBI FIRMS portal – FC- GPR, FC-TRS, Form DI, InVi, LLP-I/II, ESOP and CN.
  
• ODI & ECB: Form ODI and disinvestment reporting, ECB (LRN) applications and monthly ECB-2 returns.
  
• Annual returns: preparation and filing of the Annual Return on Foreign Liabilities and Assets (FLA) and Annual Performance Reports (APR) for overseas investments, within the RBI timelines.
  
• Compounding: drafting compounding applications to RBI, computation of compounding amount, LSF submissions for delayed reporting, and liaising with AD banks and RBI.
  
• FEMA advisory: research and client notes on FDI (NDI Rules), ODI, ECB, pricing guidelines, downstream investment and LO/BO/PO.
  
• Coordinating documents for share valuations and AD bank KYC for inward/outward remittances, and tracking RBI/MCA regulatory updates.
  

Preferred candidate profile

• Working knowledge of the Companies Act, 2013, LLP Act, 2008 and FEMA, 1999 (NDI, ODI and ECB rules)
  
• Hands-on with the MCA V3 and RBI FIRMS portals
  
• Strong drafting skills – resolutions, minutes, LLP agreements, client notes and compounding applications
  
• Detail-oriented, with strong written and verbal communication
  
• Comfortable with Microsoft Office – PowerPoint, Word and Excel
  
• Capable of working with a team, proactive and eager to learn