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How to fill E-forms

 

| DHIRAJ A. RAMCHANDANI |

 

Other Contributors are:

Rakesh M. Jagwani [CA Final Student]

Farookh S. Saiyed [CA Final Student]

Vanita M. Jagwani [Head of Fin. Dept. of Parikh Pvt. Ltd]

Manish B. Giriraj [MBA – Finance Student]

 

 

W

ith the introduction of e governance it becomes very easier to file the required forms with the registrar thus getting rid of standing in the long queues. E filing has its many advantages but there are some basic points that should be kept in mind while filing of e forms. Here we are discussing about the e- forms filed at the time of incorporation of companies.

 

Form 1 A: [Application for availability/change of name to ROC]

 

Field 1

Select option for ‘Incorporating a new company’ or ‘Changing the name of an existing company’. In case of application for Incorporation of a new company, only Part A is required to be filled. In case for Change of name, fields 7 & 8 of Part A and Part B are required to be filled.

 

PART – A: AVAILABILITY OF NAME

 

Field 3 (i) to (vii)

Minimum number of promoters should be two in case of a Private company and seven in case of a Public company. Enter name of such number of promoter as applicable.

 

Field 5

In case the company has to be registered in the state of Maharashtra or Tamil Nadu, select the concerned Registrar of Companies having jurisdiction on district in which the registered office of the company will be situated.

Maharashtra:

§         RoC Pune is having jurisdiction on the Pune, Ahmednagar, Ratnagiri, Satara, Kolhapur, Sangli, Sindhudurg.

§         RoC Mumbai is having jurisdiction on the remaining districts in the state.

Tamilnadu:

§         RoC Coimbatore is having jurisdiction on the Dindigul, Krishnagiri, Dharmapuri, Salem, Nammakkal, Erode, Coimbatore, Nilgiris.

§         RoC Chennai is having jurisdiction on the remaining districts in the state.

 

Field 6

§         Select the nature of the proposed company, whether ‘Public’ or ‘Private’.

§         Note that the nature selected cannot be changed at the time of filing eform 1 for Incorporation of the company.

 

Field 7 (a) to (f)

Name should be entered in order of preference. RoC office will consider the same in the order as provided by you.

The illustrative list of names based on the type of company is as follows:

  • In case of a private limited company – ABC Private Limited
  • In case of a public limited company – ABC Limited
  • In case of a Company licensed under Section 25 of the Companies Act, 1956 – ABC
  • In case of an unlimited liability company – ABC (a company with an unlimited liability).

 

Field 12

§         Enter the Particulars of the proposed directors of the company.

§         Director identification number (DIN) – Every person before becoming a director has to get DIN from MCA by filling eform.

§         If ‘Yes’ is selected in the field ‘Whether present residential address is same as the permanent residential address’, the present residential address will be displayed same as the permanent residential address otherwise enter the present residential address.

 

Field 13

Minimum paid up capital required for a Private company having share capital is Rs. 100000/- and in case of a Public company having share capital is Rs. 500000/-. In case of a Company licensed under Section 25 of the Companies Act, 1956 the authorised capital can be less than the above. Note that the amount of authorised capital cannot be reduced at the time of filing eform 1 for Incorporation of the company.

 

PART – B: CHANGE OF NAME

 

Field 15 (a)

Enter Corporate Identity Number (CIN) of the company

 

Field 16 (a), (b)

§         Click the Pre-fill button.

§         System will automatically display the name and registered office address of the company.

Ø Attachments:

Ensure that the attachments as mentioned in the eform are attached before signing the.

Any other information can be provided as an optional attachment.

Ø Declaration:

In case of change of name of an existing company, select the first check box and enter the date of board resolution authorizing the signatory to sign and submit the application. In case of a new company, select the second check box.

Ø Digital signature:

In case of change of name of an existing company, the e-form should be digitally signed by the managing director or director or manager or secretary of the company duly authorized by the board of directors. In case of a new company, the e-form should be digitally signed by the applicant duly authorized by the promoters.

 

 

Form 1: Filing application and declaration of compliance for incorporation of company with ROC

Field 1

(a)        Select option for the proposed Company; whether ‘New company’ or ‘Part IX company’ or ‘Producer company’. Details for ‘Part IX company’ are given in Section 565 and for ‘Producer company’ are given in Section 581A to 581ZT of the Companies Act, 1956.

(b)       Enter “eform 1A reference number, i.e. ‘Service Request Number of eform 1A’, filed for name approval.

(c), (d) Click the “Pre-fill” button. System will automatically display the Name of the company and Status (Private or Public) as per eform 1A.

 

Field 2

(b)       For incorporation of a company licensed under Section 25 of the Companies Act, 1956 obtain a license from the Regional Director (RD) by filing an application in e-form 24A. The license number if received from RD will be displayed based on the above mentioned e-form 1A reference number.

 

Fields 4, 5

§         Enter the details in case of a company having share capital.

§         The amount of authorized capital cannot be less than the amount mentioned in e-form 1A.

§         Following are the other requirements with respect to authorized capital (Not applicable in case of a company licensed under Section 25 of the Companies Act, 1956).

1.Rs. 1,00,000 or more in case of a Private company

2.Rs. 5,00,000 or more in case of a Public company

 

Field 8

(a)        In case an Indian company is the promoter, enter the Corporate Identity Number (CIN). Click the Pre-fill button and Name of the promoter company will be displayed. In case a Foreign company is the promoter, enter the Name of the promoter company.

Enter Name and Designation of the person authorised to sign on behalf of the promoter company.

(b)       Minimum number of subscribers should be two in case of a Private company and seven in case of Public company. In case the number of subscribers is more than seven, provide the details of the other subscribers as an attachment namely ‘Annexure containing details of subscribers’.

(c)        Particulars of subscribers:

Enter the details of the subscribers.

If ‘Yes’ is selected in the field ‘Whether present residential address is same as the permanent residential address’, the present residential address will be displayed same as the permanent residential address otherwise enter the present residential address

Ø Attachments:

§         Memorandum of Association (MoA) and Article of Association (AoA) of the company (Not required for a company licensed under section 25 as these are already filed with Regional Director application eform – eform 24A).

§         Annexure containing details of subscribers (Optional).

§         Any other information can be provided as an optional attachment.

Copy of Memorandum of Association (MoA) and Article of Association (AoA) after stamping and physically signed by all the subscribers should be delivered to the RoC office where company is to be registered.

Ø Signature:

The e-form should be digitally signed by the following:

§         Person named in the articles as a director or manager or secretary of the company duly authorized by the promoters; or

§         The person giving declaration as professional i.e. advocate or attorney or pleader or company secretary or chartered accountant (in whole-time practice) engaged in the formation of the company duly authorised by the promoters.

Ø Note:

§         E-form 18 and e-form 32 are to be filed simultaneously.

§         The original duly filled in and signed e-form 1 on stamp paper are required to be sent to concern RoC Office simultaneously, failing which the filing will not be considered and legal action will be taken.

§         The original stamped Memorandum of association and articles of association are required to be sent to concerned RoC Office simultaneously, failing which the filing will not be considered and legal action will be taken.

 

Form 32: Filing of particulars of appointment to Managing Director/ Director/ Manager/ Secretary and changes therein with ROC.

 

Field 2 (a)

§         In case of an existing company, enter ‘Corporate identity number’ (CIN)

§         In case of a new company, enter ‘eForm 1A reference number, i.e. ‘Service Request Number (SRN) of eForm 1A’, filed for name approval.

 

Field 3 (a), (b), (c)

§         Click the “Pre-fill” button.

§         In case of an existing company, system will automatically display the name, address of the registered office and the email ID of the company. In case there is any change in the email ID, enter the new valid email ID.

§         In case of a new company, system will automatically display the name of the company. Address and email ID fields will be disabled and are not required to be filled.

 

Field 4

Enter the total number of Managing Director, directors(s) for which this e-Form needs to be filed. (Based on the number entered here, number of blocks shall be displayed for entering the details). Details of Twelve director(s), Managing Directors can be filed through this e-Form. If the total number is more than twelve, then file another e-Form 32 for the remaining person(s).

 

PART - I

§         Enter the particulars of the Managing Director or director.

§         Enter the Director Identification number (DIN). Status of DIN should be approved.• Ensure that the DIN entered is correct and then click the “Pre-fill” button. System will automatically display the name, father’s name, present residential address, nationality and date of birth of the person. Verify that the details displayed are correct.

§         Select whether the person is being appointed or is ceasing to be associated with the company or there is change in designation. In case of a new company, only appointment can be selected.

§         Select the designation of the person. In case of change in designation, select the new designation. In case of cessation, select the same designation as at the time of appointment or change in designation.

§         In case of an alternate director, enter the DIN of the director to whom the appointee is alternate and click “Pre-fill” button. System will automatically display the name of the director to whom the appointee is alternate. This is not required to be entered in case of cessation.

§         In case of appointment of a nominee director, enter the name of the company orinstitution whose nominee the appointee is.

§         Age of the appointee cannot be less than eighteen years.

§         Enter the email ID of the person (managing director or director) for communication purpose.

 

Part - II (applicable in case of cessation only.)

§         System will automatically select Director or Managing Director on the basis of the designation selected in the eForm

§         Enter the date of cessation and select the reason of cessation from the drop-down list.

 

 

Ü Verification Û

ø                   Point 1 is mandatory to be marked.

ø                   Point 2 is required to be marked in case of appointment of director and/ or managing director and the company is a public non-government company.

 

Ü Attachments Û

ø                   Photographs of the persons appointed are a mandatory attachment.

ø                   Evidence of payment of stamp duty is mandatory in case qualification shares have been taken. The text of the declaration should be as follows – ‘I, --------- (Name of the appointee),having consented to act as a director of the company ------------- (Name of the company), also hereby undertake to take from the said company and pay for ------------- shares of Rs. --------each, being the number/ value of the shares prescribed as the qualification shares for the office of director of the said company.

ø                   In case of appointment of director and/ or managing director and the company is a public non-government company, consent letter of appointee(s) is required to be attached.

ø                   The text of the declaration should be as follows – ‘I, the undersigned, having consented to act as a managing director/ director of the company ------------- (Name of the company), pursuant to section 264(2)/ 266(1)(a) of the Companies Act, 1956 and certify that I have not been disqualified to act as a director under section 267 and/or 274 of the Companies Act, 1956.’

ø                   In case cessation is due to resignation or disqualification or removal, attach the supporting evidence.

ø                   Any other information can be provided as an optional attachment.

 

Ü Declaration Û

In case of an existing company, select the first check box and enter the serial number and date of board resolution authorizing the signatory to sign and submit the e-Form.

In case of a new company, select the second check box.

 

Ü Digital signature Û

ø                   In case of an existing company the e-Form should be digitally signed by a managing director or director or manager or secretary of the company duly authorized by the board of directors.

ø                   In such case, the person signing the form should be different from the person in whose respect the form is being filed. However, if the e-Form is being filed in respect of all the existing directors, then it can be signed by any one of them duly authorized by the board of directors.

ø                   In case of a new company the e-Form should be digitally signed by a managing director or director of the company whose name has been given in the articles of association of the company and is duly authorized by the promoters.

 

Ü Certificate Û

The e-Form should be certified by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the e-Form.

The original attachment relating to qualification share(s) duly filled in and signed on stamp paper is required to be sent to the concerned RoC Office simultaneously, failing which the filing will not be considered and legal action will be taken.




Category Income Tax, Other Articles by - CA Dhiraj Ramchandani 



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