REGISTRATION OF COMPANY
Application for registration of companies
For company registration an application shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form no.INC.2(for One Person Company) and Form no.INC.7(other than One Person Companies) along with fee as provided in the Companies Rules, 2014 for registration of a company.
Signing of memorandum and articles
- The articles and memorandum of association of the company will be marked by every subscriber of the memorandum, who will include his name, address, depiction and occupation, assuming any, within the sight of at least one witness who will bear witness to the mark and will in like manner sign and include his name, address, portrayal and occupation, assuming any and the witness will express that “I witness to subscribe/subscribers, who has/have bought in and marked in my presence; further I have checked his or their identity details for their identification fulfilled myself of his/her/their ID particulars as filled in”.
- Where the subscriber of the memorandum is uneducated, he will attach his thumb impression or stamp which will be depicted accordingly by the individual, composing for him, who will place of the subscriber’s name of the company against or beneath the check and verify it by his very own mark and he will likewise compose against the name of the subscriber, the number of shares taken by the subscriber of the company.
- The individual writing for uneducated subscriber will likewise peruse and clarify the content of the memorandum and articles to the subscriber and make an endorsement to that impact on the memorandum and articles of association.
- Where the subscriber of the memorandum is a body corporate, the memorandum and articles of association will be signed by director, officer or representative of the body corporate appropriately approved for this sake by a goals of the board of directors of the body corporate. Where the subscriber is a Limited Liability Partnership, it will be marked by an accomplice of the Limited Liability Partnership, appropriately approved by a goals affirmed by every one of the accomplices of the Limited Liability Partnership.
- The individual so approved by a body corporate or Limited Liability Partnership will not, in the meantime, be a subscriber of the memorandum and articles of Association.
Where the subscriber of the company to the memorandum is a national not residing in India-
- (a) In a nation in any part of the Commonwealth, his signature and address on the memorandum and articles of association and evidence of identity will be authenticated by a Notary (Public) in that part of the Commonwealth.
- (b) in a nation which is involved with the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of affiliation and evidence of identity will be authenticated before the Notary (Public) of the nation of his origin and be appropriately apostillised as per the said Hague Convention.
- (c) in a nation outside the Commonwealth and which isn’t involved with the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of affiliation and verification of identity, will be legally approved before the Notary (Public) of such nation and the declaration of the Notary (Public) will be validated by a Diplomatic or Consular Officer enabled for this benefit under segment 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948).
Visited in India and proposed for company registration, in such case the registration will be permitted on the off chance that, he/she is having a substantial Business Visa. If the Person is of Indian Origin or Overseas Citizen of India, necessity of business Visa will not be relevant.
Declaration by professionals
For the purpose of clause (b) of sub-section (1) of section 7, the declaration by an advocate, a Chattered Accountant, Cost Accountant or Company Secretary in practice shall be in Form no.INC 8.
Affidavit from subscribers and first directors
For the purposes of clause (c) of sub-section (1) of section 7, the affidavit shall be submitted by each of the subscribers to the memorandum and each of the first directors named in the articles in form no. INC 9.
Documents required
The following are the documents to be submitted by every subscriber at the time of company registration:
- Name (counting surname or family name) and late photo fastened and check with MOA and AOA.
- Nationality
- Date of Birth
- Place of Birth
- Educational capability
- Occupation
- Income tax permanent account number
- Permanent address and also present location living at present location and address of previous residence. On the off chance that stay of present location is short of what one year comparably the workplace or street numbers:
- Email id of subscriber
- Phone no. of subscriber
- Fax no. of subscriber
- Proof of identity:
For Indian nationals:
- PAN card and any one of the below
- Voter’s identity card
- passport copy
- driving license copy
- Unique Identification Number(UIN)
For foreign nationals and non-Resident Indians
- Passport
- Address proof, for example, Bank statement, Electricity Bill, Telephone It might be noticed that Bank statement and electricity bill, Telephone or mobile bill will not be over two months old;
- Proof of nationality on the off chance that the subscriber is an outside national.
- If the subscriber is as of now a director or promoter of a company, the particulars identifying with name of the company, corporate identity number, regardless of whether intrigued as a director or promoter of the company.
- The example signature and most recent photo appropriately confirmed by the banker or legal official will be in the endorsed Form. no INC.10.
Where the subscriber of the notice is a body corporate, at that point the accompanying particulars will be registered with the Registrar.
- Corporate Identity Number of the company or registration number of the body corporate, assuming any:
- GLN assuming any
- the name of the body corporate;
- the registered office address or chief place of business;
- Email id
- if the body is a company guaranteed genuine duplicate of the board goals determining entomb alia the approval to subscribe in to the memorandum of association of the proposed company and to make interest in the proposed company, the number of shares proposed to be bought in by the body corporate, and the name, address and assignment of the individual approved to buy in to the update.
- if the body corporate is a limited liability partnership or partnership firm, ensured certified copy of the objectives assented to by all of the assistants showing the endorsement to buy in to the update of relationship of the proposed company and to make interest in the proposed company, the number of shares proposed to be subscribed in by the body corporate and the name of the accessory affirmed to purchase in to the subscriber the particulars as determined above for subscribers as far as condition of sub section(1) of segment 7 for the individual subscribing for body corporate;
- In instance of outside bodies corporate, the details elements identifying with
- the duplicate of authentication of company registration of the outside body corporate and;
- the registered office address.
The particulars of every individual made reference to in the articles as first director of the company and his enthusiasm for different firms or bodies corporate alongside his agree to go about as director of the company will be recorded alongside the charge as gave in the Companies Rules, 2014.
The certificate of company registration will be issued by the Registrar.
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