Tuesday, October 16, 2018

FILING OF DOCUMENTS WITH REGISTRAR FOR CORPORATE REGISTRY


-:FILING OF DOCUMENTS  WITH REGISTRAR FOR CORPORATE REGISTRY:-
FILING OF DOCUMENTS WITH REGISTRAR FOR CORPORATE REGISTRY

Section 7(1) companies act:- corporate registry shall be filed with the Registrar within the jurisdiction of the registered office of a company is proposed to be situated, the following documents and information for the registry, namely:-

AOA & MOA

  • Application for Incorporation of Companies: Rule 12 of Companies (Incorporation) Rules 2014 states that an application for incorporation shall be filed with ROC in form INC-2 In case of one person company
  • or INC-7 in case of other companies.

Section (1) of companies Act:- Memorandum and Articles of Association of the company duly signed by all the subscriber to the MOA and AOA in such manner as may be prescribed:

Rule 13 of Companies (Incorporation) Rules 2014 states that The MOA and Articles of Association of the company shall be signed in the following manner:-

who should add his name, address, description, and occupation, if any, in the presence of at least one witness who shall attest the signature and shall likewise sign and add his name, address, description and occupation, if any and the witness shall state that:-

“I witness to the subscriber, who has/have subscribed and signed in my presence (date and place also mention); further I have verified his/her or their Identity Details (ID) for their identification and satisfied myself of his/her/their identification particulars as filled in”


Where a subscriber to the memorandum is unlettered, he/she shall affix his thumb impression or spot which shall be described as such by the person, writing for him, who shall place the name of the subscriber against  the mark and authenticate it by his own signature and he shall also write against the name of the subscriber, the person number of shares taken by him.

Such person shall a read and explain the contents of the memorandum and articles of association to the subscriber and make an endorsement to that effect on the memorandum and articles of association.

Where the subscriber to the memorandum is a body corporate, the memorandum and articles of association shall be signed by the director, officer or employee of the body corporate duly authorized in this behalf by a resolution of the board of directors of the body corporate

where the subscriber is a Limited Liability Partnership, it shall be signed by a partner of the Limited Liability Partnership, duly authorized by a resolution approved by all the partners of the Limited Liability Partnership

If the subscriber to the MOA is a corporation, the Articles of Incorporation and the Rules of Procedure shall be signed by the Board, the officer or the employee of the Company duly authorized to that name by resolution of the Board of Directors of the Company it.

If the subscriber is a limited liability company, it must be signed by a partner of the limited liability company duly authorized by a decision approved by all the partners of the limited liability company.

If a subscriber to the MOA is a foreign national residing outside India:-

·         A country in part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized in that part of the Commonwealth

·         A country which is a party to the Hague Apostille Convention, 1961, his sign and address on the MOA and articles of association and proof of identity shall be notarized before the Notary and be duly apostilled in accordance with the said Hague Convention.

·         He/She visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa.

-: Declaration mention by professional:-

Section 7(1) of companies act:- requires filing of a declaration in the prescribed form by an advocate, a chartered accountant, cost accountant or company secretary in practice, who is engaged with the formation of the company, and a person named in the statutes as a director, director or secretary of the corporation, if it complies with all the requirements of this Act and the resulting registration rules and precedents:-

Rule 14 of The Companies act 2013 Rules 2014 states that clause (b) of section 7(1), the declaration by an advocate, a Chartered Accountant, Cost accountant or Company Secretary in practice shall be in Form No. INC.8.

-: Furnishing verification of Registered Office:-

Under Section 12 of companies act:-, a company shack, INC 22 for registered office verification

Section 7(1) clause (e) Particulars of every subscriber to be filed with the Registrar at the time of corporate registry:-

  •  Name
  •     Father mother’s name
  •        Nationality
  •           DOB(date of birth)
  •              Place of birth
  •                Educational qualification
  •                  Occupation
  •                     Income tax detail
  •                      Etc................
The first directors along with their consent to act as directors:-

Power of Attorney

No comments:

Post a Comment