Wednesday, December 17, 2014

Incorporation of Company and Matter Incidental Thereto

  1. At the of Company Formation there required an affidavit from every subscribers of MOA and from person named as First Directors its AOA, if any, in the Articles in From No INC.9 shall be submitted that he is not convicted of any offense in connection with the promotion, formation or management of any Company , or that he has not been found guilty of any found or misfeasance or of any breach of duty to any Company under this Act or any previous Company law during the preceding 5 years and that all the document field 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.
  2. Where, if it can be found at any time after Company Registration in Delhi Gurgaon Noida Ghaziabad Deoghar Dumka Patna Ranchi Dhanbad Uttar Pradesh etc, it is can be proved that the Company has been formed by furnishing any incorrect  and false information or representation and by suppressing any important material fact or information in any of the documents or declaration field or made for incorporation such company, or by any fraudulent action, the Promoters, the persons named as the First Directors of the Company and the persons making declaration under clause (b) of sub-section (1) shall each be liable for action under Section 447 and will be subject to stringent punishment.
  3. Apart from the punishment, the Tribunal may also on an application, if satisfied, that wrong information or representation is made or material facts have been suppressed at the time of incorporation, it may order for monetary punishment and imprisonment to First Directors, Promoters and the person giving such declaration.
  4. The Company shall be given a reasonable opportunity of being heard in the matter; and The Tribunal shall take into consideration the transactions entered into by the Company, including the obligation, if any, contracted or payment of any liability. (Provision not notified)
  5. The application for incorporation of the Company shall be field in Form No.2 (for One Person Company) and Form No. INC.7 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 for registration of a company. Under the Companies Act, 1956 the said from was Form No 1.
  6. While witnessing the signatures of the subscribers to the Memorandum, the witness shall also certify that he has verified the ID of the subscribers for the identification and has also satisfied himself about their particulars. (Rule No 13(1) of the Companies (Incorporation) Rule 2014)
  7. The rules also provides the manner of singing of memorandum in a case of subscriber is illiterate, a body corporate or foreign national. Where subscriber to the memorandum is foreign national and visited India for purpose of incorporating a Company, then no apostlisation or notarization is required provided he has a valid business License. The requirement of business License is not applicable to foreign national who are of Indian origin or overseas citizen of India. For Company Incorporation in Delhi Gurgaon Noida etc. there required a declaration by a chartered accountant or an advocate or cost accountant and company secretary in practice shall be in Form No INC.8. Under .the Company Act 1956 the said declaration was in Form No 1.
  8. Following Additional Information needed in respect of the subscribers:
  • Photograph
  • PAN
  • Educational qualification
  • Proof of identity and residence
  • Specimen signature of director duly verified by respective banker or notary at the time of incorporation
  • In case the subscriber is a foreign national Proof of nationality
  • Similar information as aforesaid  for parson singing on behalf of body corporate
  • Certificate of incorporation and address proof, in case of foreign bodies corporate. 
Particulars of first directors along with their consent and details of his interest in other firms and bodies corporate shall be field in Form no DIR.12.

Company Registration Consultant in Delhi Deoghar Patna Bihar Jharkhand Ranchi Dhanbad Ghaziabad Gurgaon and Noida.

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