Wholly Owned Subsidiary of Foreign Company in India

In the activities of any organization, documents are created and it must ensure its security. The number of documents directly depends on the size of the company and the presence of individual units. Read more before you look for compliance for foreign subsidiary in India.

If going the usual way

First, you need to organize everything . Define the list of cases in which the organizational document sequence needs to be created and set a specific task for each of them. Layer life . This job is called labeling the company’s affairs for the next year .

Text of naming cases is presented in tabular form in the following format:

To specify the storage period of the case in column 4, you will need to analyze the regulatory documents.

Previously, their numbers were low. Enough to use as reference books:

Lists of documents refer to storage periods approved by the Federal Archive, and

Typical and exemplary nomenclature, they are often created by departments.

During the “stable” the Soviet period sank into the past. Now no one will give you an approved list!

So, let us see how the initial list of documents to be analyzed has now expanded.

Lists of documents indicating storage periods

The most important document we have to trust is “regular inventory management documents created in the activities of companies, indicating storage periods” (approved by Rosarkhiv on 06.10.2000). This includes documentation created by all companies when documenting management activities common to all, regardless of their area of operation, size and form of ownership. Document holding periods Column number. Mentioned in 3 The documents for storage applicable to all companies in the state, municipal archives or not.

Other lists are:

Departmental. For example:

பட்டியல் List of documents of the Russian Federation with retention periods to be created in the activities of the Central Bank » ,

பட்டியல் List of documents compiled by the Governing Body, the activities of the military units of the troops Civil Defense, Divisions Fire Fire Service, Institutions, Organizations of the Ministry of Emergencies of the Russian Federation “,”

பட்டியல் List of documents generated in the activities of the Savings Bank of the Russian Federation and the institutions of its organization, specifying the storage periods, etc.

“Rules on Procedures and Regulations for the Storage of Documents of Joint Ventures”, requirements for all joint ventures;

But “the approximate list of documents created in the activities of credit institutions, with retention periods”, determined the retention periods for specific bank documents, which was time to fall in love with everyone, and instead canceled without introducing a new similar document. Therefore, credit institutions continue to use the canceled list, but the reference guide, because it is no longer possible to refer to it as an ethical document in the naming of cases.

Of course, it is convenient to use ready-made lists of documents with retention periods. In fact, in most cases it refers to a specific period of time (1 year, 5 years, 75 years, etc.) or a permanent period for storing a document is recommended. Have some paperwork Before moving to a new one (for example, plans and plans for evacuating people and valuables emergencies) In all these cases, we immediately understand what the described documents filed in the file do.

But they are also:

The “EPK” mark means that a portion of the case documents may be of scientific and historical significance and may be left for permanent storage. In such cases, the paper review should be followed by an additional sheet of paper on the value of the pending date cases.

Typical and exemplary naming of cases

There are still cases of regular naming .

We know examples of their sectoral application: ” Approximate labeling of cases Regional Customs Administration”, ” Approximate naming of cases Institutional Higher Educational Institution of the Ministry of Education of Russia”, ” Approximate naming of cases District, Urban Employment Services”, ” Regional Tax Authority of the Russian Federation on approximate naming of cases .

Some large companies are also developing their own model naming of cases , which may be guided by their volume systems. This allows the management company to protect you as much as possible from errors in determining the terms for storing certain documents in the field. In fact, as we will show below, the protocol basis is often inadequate or inconsistent with this issue.

Typical labeling of AT cases is done in cases where the “EPK” code is provided by a list of standard or sectoral documents, or in cases where it is difficult to determine a specific storage period for a file containing multiple documents. The use of the “EPK” code in prototype labeling should be minimized – it is better to rearrange cases and set specific storage periods for them. For example, extensible retention periods should be left to permanent storage of documents of practical and scientific and historical significance.

Analysis of the current law and by-laws of the Ministries and Departments

Now the retention period for personal documents is established not only in special lists but also in the legislature and by-laws, their structure is not regulated and is constantly updated. Our document management team has been handling this issue for a long time. The situation is complicated by existing contradictions.

Therefore, savings periods are defined in many laws by accounting documents. According to the tax code – 4 years, according to the Accounting Act, the documents must be stored for a minimum. 5 years , and even long-term savings are established for joint-stock companies.

Sub-paragraph 8 of paragraph 1 of Article 23 of the Tax Code of the Russian Federation stipulates that taxpayers are obliged to ensure the security of accounting data and other documents required for the calculation and payment of taxes, as well as documents confirming receipts, expenses and taxes paid/withheld for 4 years.

“On Partnerships” for details of the provisions of Section 89. 03-33 / ps, which approved the “Rules on the Procedure and Regulations for the Storage of Documents of Joint Ventures” (hereinafter referred to as Regulation). It establishes the procedure and regulations for storing documents of joint-stock companies, including the procedure for deleting expired documents. The requirements of the rules apply to both open and closed joint-stock companies . So they all continue, viz. Without Time limits, Must have balance sheets and annual statements (recall that according to the Accounting Act, financial statements must be kept for 5 years).

Risk management adaptation

Reducing independent document storage periods established by regulatory documents is fraught with undesirable consequences. And here you can extend the recommended lifespan of your documents from above. Additionally, translate the acronym “until demand passes” for a specific number of years. The value of the documents is unavoidable without scrutiny.

To implement it in the organization, an order creates a Permanent Expert Commission (EC). This includes experienced professionals who are familiar with the composition and content of the resulting documents, as well as the meaning and value of the information contained therein. The AT invariably includes the head of the EC Preschool and archival service (or the person responsible for the organization’s archive). The chairman of the commission is, as a rule, appointed by the vice-chairman of the body responsible for office work and archives.

To enable value checking of documents during operation:

Selection of documents for permanent and temporary (over 10 years) storage for transfer to the company archive;

Selection of documents with temporary storage periods and marked “as needed” subject to further storage in the configuration sections;

Provision for deletion of documents for previous years, their retention period has expired.

By definition the main difficulty is the period of possession of documents at this stage – the absence of documents taking into account all the circumstances that lead to material or other losses. How to do it in the most rational way? To work in uncertain situations, a specialized management system has been developed. Recommend the use of risk management .

Classics of the genre

There are many definitions of the concept of risk. In project management theory, this refers to an event that can occur with a certain probability and lead to both positive and negative consequences.

Risk has the following characteristics:

Significance, which is usually measured at 3- or 5-point (higher score, more important);

Probability is also measured in quantities (from 0 to 1, 0 indicates the impossibility of the event, and 1 indicates its inevitability; for example, 0.05 is the 5 percent probability of the event).

First, the significance and magnitude of the probabilities are determined by the expert for each of them, and then these two numbers are multiplied. Based on the data obtained, it is possible to rank the risks, which will identify the most priorities.

Manage risk This can be done in different ways: try to eliminate it, reduce it or strengthen it (be true to the risks that bring a positive outcome). The fight against risks is an expensive business, so, first of all, you need to manage the risk with the highest priority! By general rule, risk management of a project leads to an increase of about 15% in its cost.

Risk Management In general, it aims to address the following tasks:

Survival of the fittest. To achieve this goal, they try to keep company costs and other parameters within limits, which allows you to keep the company working and profitable. Efficient work with certain costs cannot guarantee profit. For example, losing the reputation of a banker and the trust of customers leads to the impossibility of a business that is highly organized and highly effective.

Acceptable anxiety level. This task is sometimes called “ensuring rest and normal sleep”. It is usually set up by the owners of the company or senior management. However, everyone who is somehow interested in the fate of the company should sleep as quietly as possible. This ultimately guarantees social peace.

Income stability. This task can be interpreted as the stability of the well-being of all parties interested in the organization.

Acceptable service continuity (the task of risk management is to prevent fatal failures and shutdowns of the company) and the growth rate appropriate for the company.

Social responsibility. Certain circumstances may undermine a company’s ability to be a worthy member of the community. If small businesses have not always thought about this, key market players are already paying proper attention to this task.

Satisfaction of requirements from the outside. When organizing work with documents, it involves preparing and preserving documents necessary for legal protection in the event of a lawsuit, as well as providing them to regulatory authorities (tax, customs, etc.).

Profit, that. Maintaining a minimum adequate risk management cost for the normal operation of the company.

Documentation should be managed in such a way as to minimize the negative consequences of accidental and malicious events. At the time of examining the value of the documents (after the expiration of the legally defined storage period), the Expert Commission should elaborate on the importance of further saving the documents from the point of view of all work.