INCORPORATION OF COMPANIES UNDER COMPANIES ACT, 2013
PROCEDURE:
2. Application for Incorporation of Companies:
File Form No. INC.7 (for
other than OPC)
Purpose
|
1956
|
2013
|
Application for reservation of name
|
Form 1A
|
INC 1
|
Application for Incorporation of Company
|
From 1
|
INC 7
|
Notice of situation or change of situation of registered
office
|
From 18
|
INC 22
|
Particulars of appointment of Directors & KMP&
changes
|
Form 32
|
DIR 12
|
Witness statement in MOA & AOA at Subscription sheet: as
per Rule 13(1) of the Companies (Incorporation) Rules, 2014.
“I witness to subscriber/subscriber(s), who has/have
subscribed and signed in my presence (date and place to be given); further I
have verified his or their Identity Details (ID) for their identification and
satisfied myself of his/her/their identification particulars as filled in”
3. DECLARATION BY PROFESSIONALS
In Form No. INC.8
(format available hereunder) attachment to INC 7
4. AFFIDAVIT FROM SUBSCRIBERS AND FIRST DIRECTORS
In Form No.INC.9
(format available hereunder) attachment to INC 7
5. SPECIMEN SIGNATURE AND PHOTO
Form No.INC.10 (verified by the
banker or notary) (format available hereunder) attachment to INC 7
6. CONSENT OF FIRST DIRECTORS
Form No.DIR.2
(format available hereunder) attachment to DIR 12
AFTER INCORPORATION
1. Declaration
at the time of commencement of business
File Form
No.INC.21 (by a Director)
2. Verification
of registered office
File Form No.INC.22
3. Attachment
for Form No.INC.22
Registration
document
Or
Notarized
copy of lease or rent agreement and copy of rent paid receipt not older than 1
month
Or
Authorization
/ NOC from owner along with proof of ownership
------------------------------------------------ATTACHMENTS-------------------------------------------------------------
Form No. INC-8
Declaration
[Pursuant
to section 7(1)(b) and rule 14 of the Companies (Incorporation ) Rules, 2014]
Name
of the Company: ………………………….
I
,………………….,
·
an advocate who is engaged
in the formation of the company
·
a Chartered Accountant in
India who is engaged in the formation of the company
·
a Cost Accountant in India
who is engaged in the formation of the company
·
a Company Secretary in
practice in India who is engaged in the formation of the company
·
Declare
that all the requirements of Companies Act, 2013 and the rules made there under
relating to registration of the company under the Act and matters precedent or
incidental thereto have been complied with.
Date: Signature:
Place:
Membership
No.:
------------------------------------------------ATTACHMENTS-------------------------------------------------------------
Form No. INC-9
Affidavit
[Pursuant
to section 7(1)(c) of the Companies Act, 2013 and rule 15 of the Companies
(Incorporation) Rules, 2014]
Name
of the proposed company: ……………………………………
I
…………………., being the subscriber to the memorandum / named as first director in
the articles, of the above named proposed company, hereby solemnly declare and
affirm that:
I
have not been convicted of any offence in connection with the promotion, formation
or management of any company during the preceding five years; and
I
have not been found guilty of any fraud or misfeasance or of any breach of duty
to any company under this Act or any previous company law during the preceding
five years; and
All
the documents filed with the Registrar for registration of the company contain
information that is correct and complete and true to the best of my knowledge
and belief.
Date:
Signature:
Place:
------------------------------------------------ATTACHMENTS-------------------------------------------------------------
Form No. INC - 10
Form for verification of signature of subscribers
[Pursuant to rule 16 (1) (q) of Companies (Incorporation)
Rules, 2014]
Size 4’*4’
(passport
size)
|
*
to be attested by
Banker/Notary
1. Names, father’s name and Address of subscribers/first
directors:
Name
|
|
Father’s
Name
|
|
Address
|
|
2. Specimen signatures:
2.
Attestation
(Signature of
witness)
Note:
1. in point no. 1 above,
strike off whichever is not applicable.
2. Person who is attesting
should indicate his/her name, address and ID number.
------------------------------------------------ATTACHMENTS-------------------------------------------------------------
Form DIR-2
Consent to act as a
director of a company
[Pursuant to section 152(5) and rule 8 of Companies
(Appointment and Qualification of Directors) Rules, 2014]
To
---------------------(Name of the company)
-------------------- (Address of the company)
Subject: Consent to act as a director.
I ………………………, hereby give my consent to act as director of
……….. (name of he company), pursuant to sub-section (5) of section 152 of the
Companies Act, 2013 and certify that I am not disqualified to become a director
under the Companies Act, 2013.
1. Director Identification Number (DIN):
2. Name (in full):
3. Father’s Name (in full):
4. Address:
5. E-mail id:
6. Mobile no.:
7. Income-tax PAN. :
8. Occupation:
9. Date of birth:
10. Nationality:
11. No. of companies in which I am already a Director and
out of such companies the names of the companies in which I am a Managing
Director, Chief Executive Officer, Whole time Director, Secretary, Chief
Financial Officer, Manager.
12. Particulars of membership No. and Certificate of
practice No. if the applicant is a member of any professional Institute.
Specifically state NIL if none.
DECLARATION
I declare that I have not been convicted of any offence in
connection with the promotion, formation or management of any company or LLP
and have not been found guilty of any fraud or misfeasance or of any breach of
duty to any company under this Act or any previous company law in the last five
years. I further declare that if appointed my total
Directorship in all the
companies shall not exceed the prescribed number
of companies in which a
person can be appointed as a Director.
Signature:…………………….
Designation:………………….
Date:
Place:
Attachments:
1. Proof of identity;
2.
Proof of residence;
------------------------------------------------ATTACHMENTS-------------------------------------------------------------
Form DIR-4
Verification of applicant
for application for DIN
(To be in the form of
Affidavit)
[Pursuant to section 153 and rule 9(3)(a)(iv) of Companies
(Appointment and Qualification of
Directors) Rules, 2014]
I, ……………….., Son*/ Daughter* of ……….., born on …………..,
resident of ………………………………….. hereby confirm and verify that the particulars
given in the Form DIR-3 are true and also are in agreement with the documents
being attached to the Form DIR-3.
I hereby confirm and
declare that :
1. The photograph and documents being attached to the Form
DIR-3 belong to me. I further confirm that all required documents have been
duly certified by the respective government authority and are being attached to
the Form DIR-3, and
2. I am not restrained, disqualified, removed of, for being
appointed as director of a company under the provisions of the Companies Act,
2013 including sections 164 and 169, and
3. I have not been declared as proclaimed offender by any
Economic Offence Court or Judicial Magistrate Court or High Court or any other
Court, and
4. I have not been already allotted a Director
Identification Number (DIN) under section 154 of the Companies Act, 2013, and
5. I shall be liable under section 448 of the Act and under
the relevant provisions of the Indian Penal Code, 1860 and any other law as
applicable, if any statement in this application is found to be false or any
material fact is found to have been omitted.
*Note: strike out whichever is not applicable.
Signature
(Name)
