Company. He told me that the business was performing well and was desirous of purchasing land. He and his business partner wanted to buy the land in the name of their business. The bank informed them that the land can only be purchased in the name of a Limited Liability Company not a partnership. The reason is that a limited liability company is a separate legal entity. A partnership is not a separate legal entity recognized by law.
You should consider upgrading to a limited liability if you want to:
Purchase land in the name of your company;
Purchase vehicles in the name of your company;
Gift your company to your children (sole traderships and partnerships cannot be passed down to anyone, the business ends with your passing.)
I am Antoinette Sydney, LLB LEC CAMLFC CFRMP the first Online Lawyer based in Trinidad and Tobago. I specialise in Corporate Law and Financial Crimes.
The penalty for late filing of Annual Returns in Trinidad and Tobago is $300.00 TTD . This penalty is imposed 30 days after the anniversary of the incorporation date of the company and an additional $300.00 will be payable for every month that the annual returns remains outstanding.
The amnesty to file outstanding Annual Returns with the Registrar of Companies has been extended from August 30th 2019 to 31st October 2019.
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Congratulations on registering your limited liability company. Please be gently reminded that there a few post-registration considerations such as tax compliance, AML/CFT/FIU compliance for listed businesses and the filing of annual returns with the Companies Registrar every year.
For further assistance, contact Sydney 868 373-1166
An Annual Return is critical to a company since this document presents a correct, updated reflection of the company’s state of affairs. This documents presents an up to date snapshot of all directors and officers of the company, share capital as well as company debts. Once this document is filed at the Companies Registry, this information will be registered with the Registrar. When conducting company business, banks and other stakeholders will request the most recent Annual Returns. From this document all present company officers and company debts can be discerned.
When should a Company file an Annual Return?
The law states that a company should file an Annual Return no later than 30 days after each anniversary date of its continuance, incorporation or amalgamation at the Companies Registrar.
What happens if a company fails or refuses to file an Annual Return?
Where a Company fails or refuses to file a document with the Registrar within the time specified in the Act, the Registrar shall be entitled to collect from that Company a penalty of one hundred dollars ($300.00) for every month or part thereof.
The Companies Act of the Republic of Trinidad and Tobago requires companies to file an Annual Return every year even if the company has not been trading. In accordance with Section 194 (1) of the Companies Act of the Republic of Trinidad and Tobago, each company must file an Annual Return no later than thirty (30) days after each anniversary date of incorporation in the applicable form. At any point, the officers of the company can change directors, corporate secretaries, issue shares or acquire loans and these changes must be captured in the Registrar’s records of the company.
The following must be updated in the Annual Returns:
(a)Name of the Company
(b)The Registered Office of Company
(c) The Anniversary date of the Company
(d) Share Capital
(e)Authorized Share Capital
(f) Details of the persons holdings shares in the company
(g) The Total amount of indebtedness of the company (loans, mortgages, charges)
(h) Updated details of all directors of the company
(i) Updated details of corporate secretaries
(j) Signature of the corporate secretary or the director
For further assistance, contact Sydney 868 373-1166
The content herein is provided for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney at law to obtain advice with respect to any particular issue or problem.
ABOUT THE AUTHOR:
About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP, Bar No. SYA2015211, Attorney at Law. The author is the first Online Lawyer based in Trinidad and Tobago. Her entire Law Practice is based Online using technology. Client meetings are conducted at mutually convenient meeting points. She has clients in Guyana, St Vincent, Barbados, the British Virgin Islands,Panama, France and North America. She specializes in Corporate Law and Anti-Money Laundering Compliance. She helps clients to start their Online Business Empires.
Generally training is conducted at least once per year. However for the front line employees training may be done quarterly, especially for those employed in a financial institution.
For free Anti Money Laundering Training videos check out my Youtube Channel.
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About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP, Bar No. SYA2015211, Attorney at Law. The author is the first Online Lawyer based in Trinidad and Tobago. Her entire Law Practice is based Online using technology. Client meetings are conducted at mutually convenient meeting points. She has clients in Guyana, St Vincent, Barbados, the British Virgin Islands and North America. She specializes in Corporate Law and Anti-Money Laundering Compliance. She helps clients to start their Online Business Empire.
1.The Name Approval / Name Reservation includes the applicant’s name, address, contact information, the proposed name of the business and the nature of the business.
The applicant signs the bottom of the form, however an incorporator, accountant or attorney at law can sign for and on behalf of the applicant only with respect to the Application for Name Approval.
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The relevant fees are paid to the cashier and the receipt is stamped with the date of return for the applicant. This is usually five to seven working days. If the Registrar has an issue with the proposed name, a query will be placed on the application. When the applicant returns to collect the name search results, the query must be satisfied in writing. In the event that there are no queries, the applicant will collect the name approval and proceed the next step.
2.Preparing and filing the Application for Registration by an Individual.
At this juncture, the application for Registration by an Individual must be completed and submitted together with the name approval that was previously collected. Details such as the business name, principal place of business, nature of the business, full name of the applicant must be included in this form. Only the applicant can sign this form and a copy of photo identification must also be submitted with the application to verify the signature of the applicant. The relevant fees are paid and the cashier issues a receipt with the stamped date for the applicant to return, usually five to seven working days. Once this application is approved, the certificate will be produced and ready for collection by the applicant.
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About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP, Bar No. SYA2015211, Attorney at Law. The author is the first Online Lawyer based in Trinidad and Tobago. Her entire Law Practice is based Online using technology. Client meetings are conducted at mutually meeting points. She has clients in Guyana, St Vincent, Barbados, the British Virgin Islands and North America. She specializes in Corporate Law and Anti-Money Laundering Compliance. She helps clients to start their Online Business Empire.
There are 2 main steps to change the name of a Limited Liability Company in Trinidad. Firstly file a Name Search, secondly file the Articles of Amendment and Special Resolution once the proposed name is approved.
The first step is to file a Name Reservation Form to determine if the proposed business name is available. This is very similar to the first step that you took when you initially registered your company. The results from the name search will be available within 5-7 working days .Once the name is approved,you will be given a deadline to file the other 2 documents to complete the process.
Call Sydney for assistance with completing these forms 373-1166.
The second step is to file the Articles of Amendment and the Special Resolution . The Special Resolution is the document that is prepared to reflect the decision that was made after a general or special meeting to change the name of the company. Both the Articles of Amendment and the Special Resolution must be signed by a director of the corporate secretary. The name approval ,the Articles of Amendment and the Special Resolution must be lodged with the registrar at the same time. The prescribed fee will be paid to the cashier. Your Certificate of Amendment will be printed .
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How to Register a Sole
How to De-Register a Sole
How to Register a
How to Change from a Sole Trader to a Limited Liability Company Trinidad.
How to Dissolve a Limited
Call Sydney for assistance with completing these forms 868 373-1166.
The author is an attorney at law in Trinidad. She specializes in Corporate Law, Financial Crimes and Anti Money Laundering.
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