Thursday, July 9, 2020

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PART-II: OUR GLOBAL BUSINESS REGISTRATION FILING EXPERIENCE


Chronological Sequence of Events:

February: Initiated initial communication with one vendor after screening several of them
March first week: Confirmed terms and conditions and made necessary payments as per the terms; for that matter, I paid in full to make the process as smooth as possible.
March promise from the vendor: Entire process to be completed by the end of March

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#####

AttachmentsFri, Mar 6, 10:39 AM


to #####

Greetings from #####
 
Thank-you for putting faith in our services and making payment of ###### towards the following services mentioned below :

  • 2 DIN
  • 1 Name Approval Application under RUN- Services  
  • Stamp duty on INR 1 Lakh Authorized Capital 
  • Company Incorporation
  • PAN+TAN
  • INC 20A
  • SSI/MSME
  • 3 TRADEMARK APPLICATION UNDER 1 CLASS

As per our telephonic conversation, the above mentioned services will proceed one by one.The process will be done in 15-18 working days subject to MCA approvals. We assure you the best professional services. 

######
 
The amount paid by you towards professional fees includes GST amount payable to Govt. by us on your behalf. GST/Tax invoice will help you to avail the credit of GST paid by us on your behalf and will reduce your liability of GST payable to that extent.

Note : The document link provided in the last email is only accessible for the self attested documents ,also the link shared on 4th march allows me to access only the self attested folder. Kindly Re-share the link to access other documents as well.
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Then started a series of issues - captured in this segment - only the key ones:

  • Government issued id and the database entry that was entered in the backend for the same did not match in a country known for its IT services
Tried to address this issue from my end by various proper channels and means, while I did not clear response from the other end. After prolonging for a while, suddenly that was not an issue any more. When I asked for further details, I never got any further information in this regard on how the issue was addressed, in spite repeatedly asking for the same.

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Here is an email communication tied to this process in the middle of May, 2020


May 25, 2020, 11:18 PM


to #####

Thanks for your detailed reply.

I totally understand where you are coming from, however, it was disheartening to see this process taking such a long time. In terms of changing directors, that is not a feasible solution. When there are people with no connection holding companies in India and people of Indian origin holding companies and mansions in other countries while claiming to be bankrupt in India, I believe that I have all the rights to be the director over there just like there are Indians holding directorial position in entities based in other countries. Also, in this global space, I have seen individuals who are citizens of India registering companies in the US, at least as mentioned in their website or through loopholes available over here. For example, a company based in India, has supposedly units in Canada and the US, though it appeared that there was no connection between the nature of their business and what is stated in their website, and their connection to these countries.

Anyways, it is not even appropriate to bring up these examples, as it is better for us to compare those setting superlative examples rather than scoundrels cheating the system. 

See, my last email was from my recent experience not seeing any response from your team's side for almost a week or so, which made me wonder whether I have to forget the paid amount for this process. See, we started addressing this issue on April 6th, 2020 and it is almost two months now and we have not made any progress. I would like to know what can be done right now to resolve the issue and complete the remaining steps without changing the director.

The one solution that I tried was to get an international roaming package for Airtel, which I did, but was never activated. I would like to know whether your team know of someone who could help to get this line activated. In this way, I should be able to get an OTP to change from father's name to mother's name online, which would allow us to complete the online application process for changing the name.
 
By the way, I forgot to include that Mr Akshay Kumar (Rajiv Hari Om Bhatia), who has made a name for himself in Bollywood from humble beginnings,  is a Canadian citizen on paper and Amy Jackson and several other actors, who acted in Indian movies in the recent times are citizens of other countries. These names are being shared just as examples of successful individuals with connections to other parts of the world. For that matter, Mr Akshay kumar interviewed Mr Modi prior to the last elections on an one on one face the people session.

Sincerely,

May 25, 2020, 11:26 PM


to ####
 
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Then, in early June, I was asked to produce apostille documents, which I had offered to produce early on.

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INC-32 dated 29/05/2020 filed vide SRN R40091027

Dear Sir/ Madam,
This is to inform you that in terms of Rule 10 of the Companies (Registration Offices and Fees) Rules, 2014, the
Form SPICe(INC-32) dated 29/05/2020 filed by AMAZEBABA AND ITS AFFILIATES PRIVATE LIMITED vide SRN R40091027 has
been examined and marked as Sent for resubmission  with the following remarks-

Linked filing of eMoA and eAoA
 is not acceptable in this scenario. Please provide apostilled MoA and apostilled AoA
as attachment to the SPICe for
m.
1.) Attach latest and present residence proof (electricity bill, bank statement,
water bill, telephone bill)  of SRIKANTH not older than two months.
2.) As SRIKANTH is signing Memorandum and
Articles of Association in USA, attach Notarised and Apostilled MOA and AOA as an attachment to Spice+ form as per
rule 13(5) of the Companies (Incorporation) Rules, 2014.
3.) Attach separate subscriber sheets of the subscriber
signing outside India and signing in India. Accordingly, certification by Witness is to be done.
RESUB

The defects or incompleteness in any respect in this eForm as noticed by the Registrar have been placed on the
Ministry website ( www.mca.gov.in). In view of the above, you are therefore, directed that this eForm should be
resubmitted  complete in all respects by 17/06/2020 failing which the eForm shall be treated as invalid and shall
not be taken on record or transaction shall be cancelled.

Kindly make sure that all the information to be given while resubmitting the form are true and complete as user will
not be given any further chance to rectify the details per rule 10 of the Companies (Registration offices and Fees)
Rules, 2014.

This is a MCA21 system generated mail for your information and necessary action. Please do not reply to this mail.


Notice: The information contained in this e-mail message and/or attachments to it may contain confidential or
privileged information. If you are not the intended recipient, any dissemination, use, review, distribution,
printing or copying of the information contained in this e-mail message and/or attachments to it are strictly
prohibited. If you have received this communication in error, please notify us by reply e-mail at
appl.helpdesk@mca.gov.in or telephone at help desk contact number 0124-4832500 and immediately and permanently
delete the message and any attachments.

Thank you

Notice: The information contained in this e-mail message and/or attachments to it may contain confidential or privileged information. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this communication in error, please notify us by reply e-mail or telephone and immediately and permanently delete the message and any attachments. Thank you
Inbox
x

MCA21 Administrator MCAADM@mca.gov.in

Tue, Jun 2, 12:52 PM


to LEGAL1, gayathrimayura, me
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What is an apostille document?
To verify the authenticity of the submitted document, it is mandatory to get the documents notarized with an approved notary public followed by getting it authenticated and validated by the local governmental organization, which here in the US happens to be the Secretary of State, through approved methods.

Before we jump in, please check out this email - This extension in deadlines was never brought up by the third-party or in any of the previous emails sent by MCA as a response to our application (June 2nd email, . As per this email response from MCA that I received on July 4th, there was an official announcement on extension made way back in April 2020. Though we had no plans to prolong the process from our end, this information would have alleviated in terms of increased anxiety and stress that came from extending the deadlines every time as per the issued deadlines in MCA's email, while also trying to push from our end to complete other relevant requirements such as, getting the documents notarized,
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CRC.DoNotReply@mca.gov.in

Sat, Jul 4, 2:09 PM (6 days ago)


to me

Dear Sir/Ma'am,
This is informed to the stakeholder that name reservation validity period and form resubmission validity period has been extended. See the list of relaxation provided to applicants for CRC related filings at http://www.mca.gov.in/Ministry/pdf/Extension_22042020.pdf.
 
Thanks & Regards
CRC Helpdesk Team.
   
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Jun 16, 2020, 7:43 AM


to ####

Just to be certain that the DSC documents are signed in line with the requirements, shall we go through the sequence as we had done during the previous dozen or so times? If yes, we can utilize a remote sharing tool as we had done before. I would like to be certain that there is no mistake on this front to prevent any additional delays.

I spoke to an official at the government agency here with regard to the apostille documents again today and they have received the resent package. Though they had mentioned that it will be sent out today after completion of the apostille process, it appears that it will be available for pick up tomorrow. As there are restrictions for drop-ins, from then on, it solely depends on the shipping company. 

I will try to reach the shipping company as well tomorrow to make sure that the package gets picked up tomorrow.

By the way, I noticed an article in Economic times about 20 day extension for some MCA related processes due to Covid-19. Can you look into this? 

Sincerely,
Srikanth.
 

AttachmentsWed, Jun 17, 4:56 AM


to
FYI - 

In the chronological order email that I had shared a few days ago, I forgot to include the first email pertaining to MOA and AOA that I had sent to your team during the early phase of this communication stream.  I have had experience of putting together MOA and AOA documents for our US registration years ago, which helped me to put together the first draft that I had shared with Abarna (Please see attached image file). 

The below thought pertaining to MOA and AOA is being shared not to point fingers. However, during the current global crisis, every small focused step could make a difference. 

If I had received the MOA and AOA from you the next day rather than after three days, it could have given us extra two/three days. For that matter, we went through the specifics and wordings in MOA and AOA when we initially worked on it. If you had said that we could utilize the same documents, which happened to be the same document that you had sent at the end, it would have given an extra few days for completing this process.

Anyways, let us make this work and complete the registration of AmazeBaba and its Affiliates, a bending baba eCommerce platform for a better world, followed by the registration of the trademarks soon. I will wait for your email in the morning for us to complete the next process.

By the way, here is the information on the extension of submission by 20 days (please see attached screenshot).

Thanks for your understanding.

Srikanth.
2 Attachments
 
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As I did not hear much from your team lately and with only a day or so to complete the process to submit the apostille documents, I have also reached out to the MCA directly to figure out a way to submit the apostilled documents. You could see the sent email below.

I would appreciate a timely response to still complete the submission of the apostille documents in a timely fashion before the said deadline.

Sincerely yours,
Srikanth.
Dear Sir,

MCA has extended the timeline to submit the forms

During the verification stage, passport size photo is required to be attached on the subscribers sheet of MOA and AOA of the company

We have attached final copy (merged) AOA and MOA, please attach passport size photo of the applicant and send the copy of the same to proceed for form submission

Thanks,
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Another story with respect to Apostille Documents:

Notarization of the documents: 

I took the services of a local UPS center that is a known entity for this purpose. After getting the documents notarized, I had mailed by one of the quickest means to meet the deadline set forth, thus paying more than five times the normal shipping price for the same for the reason shared above, which is to meet the deadline set forth in those MCA emails, though it turned out to be not the case (as found later through my research means) due to the extension of deadlines for Covid-19.

What happened then with respect to this apostillation process? 
We will see that in the next article.

 

Fri, Jul 3, 6:16 PM (7 days ago)


to ####

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AttachmentsFri, Jul 3, 6:23 PM (7 days ago)


to ####
 


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