I am Incorporating a Private Limited Company in the State of Uttar Pradesh. I have Prepared the Following Forms for Incorporation :-
1. E form INC-7 2. E form DIR-12 3. E form INC-22 4. Form DIR-2 5. Form INC-8 on Rs. 20 Stamp Paper duly notorized 6. Form INC-9 on Rs. 10 Stamp Paer duly notorized from each Subsciber to MOA and AOA 7. Form INC-10 duly attesed be Notary 8. Copy of Proof of Identity and Residence Proof of Subscribers 9. MOA and AOA as per Companies Act 2013 10. Consent from Director to use his premises as Registered Office of the Company. 11. Copy of Sale Deed of Premises in the name of Director.
Please guide me whether any further document needs to be prepared for Incorporation.
I am yet to upload the Incorporation Documents and pay the fees.
I would appreciate if you guide me regarding any other document to avoid Remarks from ROC User in the processing of Incorporation Forms.
23 September 2014
Particulars of subscribers shall be prepared as per 16(1) of Companies (Incorporation) Rules,2014 and to be attached with e-form 1NC-7.
23 September 2014
Thanks Ankur Ji and Warrier Sir,
Particulars of Subscribers as per 16(1) of Companies (Incorporation) Rules,2014 have been written in the Subscriber's Page of MOA and AOA. Will that serve the purpose ?
Also, please look at the following contradiction :-
Section 7(1): There shall be filed with the Registrar within whose jurisdiction the registered office of a company is proposed to be situated, the following documents and information for registration, namely:— (a) The memorandum and articles of the company duly signed by all the subscribers to the memorandum in such manner as may be prescribed; (b) a declaration in the prescribed form by an advocate, a chartered accountant, cost accountant or company secretary 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 thereunder in respect of registration and matters precedent or incidental thereto have been complied with;
Now if we look at the Clause (b) carefully it asks for INC-8 from Professional as well as First Directors of the Company.
But, when we look at the INC-8 form available Pursuant to section 7(1)(b) and rule 14 of the Companies (Incorporation ) Rules, 2014 we get only four options namely :-
I ,………………….,
Advocate Chartered Accountant in whole time Practice Cost Accountant in whole time Practice Company Secretary in Whole Time Practice
and if we look at the Companies (Incorporation) Rules, 2014 we have Rule 14 which reads as under :-
14. Declaration by professionals.- For the purposes of clause (b) of sub-section (1) of section 7, the declaration by an advocate, a Chartered Accountant, Cost accountant or Company Secretary in practice shall be in Form No. INC.8. Explanation (i) “chartered accountant” means a chartered accountant as defined in clause (b) of sub section 1 of section 2 of the Chartered Accountants Act, 1949 (ii) “Cost Accountant” means a cost accountant as defined in clause (b) of subsection (1) of section 2 of the Cost and Works Accountants Act, 1959 and (iii) “company secretary” means a “company secretary” or “secretary” means as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act,1980.
It does not talk of Declaration by First Director.
Logically, it should be by Practicing Professional only.
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