Incorporation of Companies under Companies Act, 2013

Incorporation of Companies under Companies Act, 2013

Procedure:

1.      Reservation of Name: File Form No. INC.1

2.      Application for Incorporation of Companies:

File Form No.INC.2 (for OPC only)

File Form No. INC.7 (for other than OPC)

That means the incorporation forms under CA 2013 are as follows:

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”

Declaration by professionals

In Form No. INC.8 (format available hereunder) attachment to INC 7

Affidavit from Subscribers and First Directors

In Form No.INC.9 (format available hereunder) attachment to INC 7

Specimen signature and Photo

Form No.INC.10 (verified by the banker or notary) (format available hereunder) attachment to INC 7

Consent of First Directors

Form No.DIR.2 (format available hereunder) attachment to DIR 12

After Incorporation

Declaration at the time of commencement of business

File Form No.INC.21 (by a Director)

Verification of registered office

File  Form No.INC.22

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

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.:

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:

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.

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;

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)