17 September 2014
Sir, My question is after incorporation of company are we required to e-file the Memorandum and Articles of the company on MCA's site? If Yes wats the procedure?
17 September 2014
You have to upload MOA in form INC.7
5. Application for incorporation of a private company
As per Rule-12 of Companies (Incorporation) Rules, 2014, application for incorporation of a private and Public company, with the Registrar, within whose jurisdiction the registered office of the company is proposed to be situated, shall be filed in Form no. INC 7 [Rule 12 to 18] along with Form no. INC.22 for situation of registered office of the Company, (as the case selected in form no. INC 7) and DIR -12 with the following attachments:
Form no. INC 7 Attachments: (Read with Section 7 of Companies Act, 2013)
i. Memorandum of Association as per Table A of schedule I
ii. Articles of association as per Table F of Schedule I
iii. Declaration in Form No. INC-8 by Professionals. (As per Rule-14 of Companies (Incorporation) Rules, 2014, A declaration in the prescribed form by an advocate, a CA, CMA or CS in practice who is engaged in the formation of the company, and by a person named in the articles as a director, manager or secretary of the company, that all the requirements of this Act and the rules made there under in respect of registration and matters precedent or incidental thereto have been complied with;)
iv. Affidavit from each of the subscriber to the Memorandum in Form No. INC-9 as per Rule-15 of Companies (Incorporation) Rules, 2014, (an affidavit from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has 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 that 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 his knowledge and belief;)
v. Proof of residential address (the address for correspondence till its registered office is established;)
vi. For verification of signature of subscribers [Pursuant to rule 16 (1)(q) of companies (Incorporation) Rules, 2014 in form no. INC - 10
vii. NOC in case there is change in the promoters (first subscribers to Memorandum of Association)
viii. Proof of Identity (the particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum and the particulars of the persons mentioned in the articles as the first directors of the company along with proof of identity, as may be prescribed, and in the case of a subscriber being a body corporate, such particulars as may be prescribed;)
ix. Entrenched Articles of Association, if any.
Note: Where the articles contain the provisions for entrenchment, the company shall give notice to the Registrar of such provisions in Form No. INC.7, as the case may be, along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 at the time of incorporation of the company.
x. PAN Card (in case of Indian national)
xi. Copy of certificate of incorporation of the foreign body corporate and proof of registered office address
xii. Certified true copy of board resolution/consent by all the partners authorizing to subscribe to MOA
17 September 2014
You are advised to go through my article containing detailed procedure for incorporation of a Company. I hope this clear all your doubts:
CAclubindia
