Incorporation of section 8 company

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Rajeshree Desai (Querist)

17 December 2014 How is the form INC-12 [form for obtaining Licence under section 8(1)] to be filed since it is under attachments in MCA site?

What are the necessary attachments with INC-12 for forming a new Section 8 Company?

Will the attachments done in INC-7 or any other forms (apart from MOA) change or any additional attachments are to be made?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

17 December 2014 Main attachments of Form INC.12 would be as follows:
(a) The draft Memorandum of Association as per form no. INC.13 of the proposed company.
(b) The draft Articles of Association of the proposed company.
(c) The declaration in Form No.INC.14 by an Advocate, a Chartered Accountant, Cost Accountant or Company Secretary in practice, that the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8 and rules made thereunder and that all the requirements of the Act and the rules made thereunder relating to registration of the company under section 8 and matters incidental or supplemental thereto have been complied with;
(d) The declaration by each of the persons making the application in Form No. INC.15. (e) An estimate of the future annual income and expenditure of the company for next three years, specifying the sources of the income and the objects of the expenditure;

There are few other attachments for form INC.12 but they are not compulsory. However the above 5 attachments are compulsory to incorporate a Non-profit making company. -

Rajeshree Desai

Rajeshree Desai (Querist)

17 December 2014 How to file the form with ROC?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

17 December 2014 File Form RD-1 with attachment form INC-12

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