Incorporation of Section 25 Company


(Guest)

Checklist for incorporation of Section 25 Company

 

Filing of documents:

1)                    With Rd

2)                  With ROC


In RD Office

 

  1. Any association (hereinafter referred to either as "the association" or as "the proposed company") which is desirous of being incorporated as a company with limited liability, without the addition to its name of the word "Limited" or the words "Private Limited" shall make an application in writing to the Regional Director for a license under section 25.

 

  1. Application to be in Form 24A.

 

  1. Fees for Form 24A – Rs. 500/-

 

  1. The application shall be accompanied by the following documents, namely :-

 

i.                    Three printed or type-written copies of the Memorandum and Articles of Association of the proposed company;

 

ii.                  A declaration by an advocate of the Supreme Court or of a High Court, an attorney or a pleader entitled to appear before a High Court or a secretary, or a Chartered accountant, in whole-time practice in India that the Memorandum and Articles of Association have been drawn up in conformity with the provisions of the Act and that all the requirements of the Act and the rules made there under have been duly complied with in respect of registration or matters incidental or supplementary thereto;

 

iii.                Three copies of a list of the names, descripttions, addresses, and occupations of the promoters (and where a firm is a promoter, of each partner in the firm), as well as of the members of the proposed Board of Directors, together with the names or companies, associations and other institutions, in which such promoters, partners and members of the proposed Board of Directors are directors or hold responsible positions, if any, with descripttions of the positions so held;

 

iv.                A statement showing in detail the assets (with the estimated values thereof) and the liabilities of the association as on the date of the application or within seven days of that date;

 

v.                  An estimate of the future annual income and expenditure of the proposed company, specifying the sources of the income and the objects of the expenditure;

 

vi.                A statement giving a brief descripttion of the work, if any, already done by the association and of the work proposed to be done by it after registration in pursuance of section 25;

 

vii.              A statement specifying briefly the grounds on which the application is made ; and

 

viii.            A declaration by each of the persons making the application in the form set out in Annexure V, or in a form as near thereto as circumstances admit.

 

ix.                The Memorandum of Association of the proposed company shall be in theform specified in Annexure I, or in a form as near thereto as circumstances admit.

 

x.                  A photocopy of the name availability letter received from Registrar of Companies vide SRN No. __________, Dated :- _________; and

 

xi.                Power of Attorney in Favour of ______________________________ by all the promoters of the proposed Company.

 


In ROC Office

 

Simultaneously with the application made to RD, the applicants shall furnish to the Registrar of Companies of the State in which the registered office of the proposed company or company is to be or is situate, a copy of the application, and of each of the documents filed with RD.

 

Publication

 

The applicants shall, within a week from the date of making the application to the Regional Director in accordance with regulation 4 or 8 publish in the manner specified below and at their own expense, a notice of the application made to the Regional Director and a certified copy of that notice as published, shall be sent forthwith to the Regional Director. The said notice-

 

i) shall be in the form set out in Annexure II, or in a form as near thereto as circumstances admit ; and

 

ii) shall be published at least once in a newspaper in a principal language of the district in which the registered office of the proposed company is to be situate or is situate, and circulating in that district, and at least once in an English newspaper circulating in that district