Companies (Incorporation) Fifth Amendment Rules, 2016

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....and figures 'Form No.INC-7' the words and figures  Form No.lNC-7 or Form No INC-32(SPlCe)' shall be substituted. (c) in rule 12, for the words and figures 'Form No.lNC-2 (for One Person Company) and Form No-INC-7 (other than One Person Company)' the words and figures 'Form No.lNC-7 (Part I company and company with more than seven subscribers) and Form No,lNC-32 (SPICe)' shall be substituted, (d) rule 36 shall be omitted. (e) for rule 38, the following rule shall be substituted, namely.- "38. Simplified Proforma for Incorporating Company Electronically (SPICe).- (1)  The application for incorporation of a company under this rule shall be in FORM No. INC-32 (SPICe) alongwith e-Memorandum of Association (e-MOA) in Form No.lNC-33 and e-Articles of Association (e-AOA) in Form no. INC-34. Provided that in case of incorporation of a company falling under section 8 of the Act, FORM No. INC-32 (SPICe) shall be filed along with FORM No. INC-13 (Memorandum of Association) and FORM No.lNC-31 (Articles of Association) as attachments, (2) For the purposes of sub-rule (1), the application for allotmen....

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....he Registrar. on examining FORM No. INC-32 (SPICe), finds that it is necessary to call for further information or finds such application or document to be defective or incomplete in any respect, he shall give intimation to the applicant to remove the defects and re-submit the e-form within fifteen days from the date of such intimation given by the Registrar. (b) After the resubmission of the document, if the registrar still finds that the document is defective or incomplete in any respect, he shall give one more opportunity of fifteen days to remove such defects or deficiencies. Provided that the total period for re-submission of documents shall not exceed thirty days. (10) The Certificate of Incorporation of company shall be issued by the Registrar in Form No. INC-11.". 4. In the principal rules , (a)  Form No. INC-2 shall be omitted; (b)  for Form No.INC-7 the following form shall be substituted, namely:- Download PDF (c) in Form No. INC-11 , for the words and figures 'rule 8 the Companies (Incorporation) Rules, 2014', the words and figures 'rule 18 of the Companies (Incorporation) Rules, 2014 shall be substitu....

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....tal amount of preference shares (in Rs.) Number of preference shares Total number of preference shares Nominal amount per preference Total amount of preference shares share II. "Details of number of members (a) Enter the maximum number of members (b) Maximum number of members excluding proposed employees (c) Number of members (d) Number of members excluding proposed employee(s)| 5. *Main division of industrial activity of the company Description of the main division 6. (a) Whether the proposed company shall be conducting any activities which require approval from any sectoral regulator (Like RBI in case of NBFI and Banking activities) to commence such activities o Yes o No 7. (b) If yes, please enter the name of such Regulatory authority and proposed activity *Enter the number of promoters (first subscribers to the Memorandum of Association (MOA)) Particulars of Promoters (first subscribers to the MOA) -Category Director Identification number(DIN) or Income-tax permanent account number (Income-tax PAN) or passport number or corporate identity number(CIN) Or foreign company registration number(FCRN) or any other re....

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....ent Particulars Amount of stamp duty to be paid (in Rs.) (i) Provide details of stamp duty already paid Type of document Particulars Form INC-7 Form INC-7 Pre-Fill Yes No Not applicable Memorandum of association Articles of association Memorandurn of association Articles of association Others Total amount of stamp duty paid (in Rs.) Mode of payment of stamp duty Name of vendor or Treasury or Authority orany other competent agency authorised to collect stamp duty or to sell stamp papers or to emboss the documents or to dispense stamp vouchers on behalf of the Government Serial number of embossing or stamps or stamp paper or treasury challan number Registration number of vendor Date of purchase of stamps or stamp paper or payment of stamp duty (DD/MM/YYYY) Place of purchase of stamps or stamp paper or payment of stamp duty 10. Additional Information for applying Permanent Account Number (PAN) and Tax Deduction Account Number (TAN)** Information specific to PAN Area code Information specific to TAN AO type Range code AO No....

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....or concealed and is as per the original records maintained by the promoters subscribing to the Memorandum of Association and Articles of Association. 2. All the required attachments have been completely and legibly attached to this form; 3. a/an practice number is attached. *To be digitally signed by having Membership number and/or certificate of has been engaged to give declaration under section 7(1) (b) and such declaration DSC BOX Designation *Director Identification Number Note: Attention is drawn to provisions of section 7(5) and 7(6) which, inter-alia, provides that furnishing of any false or incorrect particulars of any information or suppression of any material information shall attract punishment for fraud under Section 447. Attention is also drawn to provisions of section 448 and 449 which provide for punishment for false statement and punishment for false evidence respectively. (DD/MM/YYYY) Modity Check Form Prescrutiny Submit For office use only: Afhs fling details eForm Service request number (SRN) ●Form filing date This e-Form is hereby registered Digital signature of the a....

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....ments 1. "Minutes of the members' meeting; 2. *Copy of Altered Memorandum, Articles of Association; 3. Order for condonation of delay if any; 4. *Copy of special resolution; 5. Copy of Newspaper publication; 6. Order of Tribunal; 7. Declaration of all Directors as per Rule 37(3)(e); 8. *Declaration of all Directors as per Rule 37(3)(g); 9. *Complete list of creditors and debenture holders; 10. Declaration of Solvency; 11. Declaration regarding no complaints as per Rule 37(4); 12. A Copy of Statutory Auditors Certificate; 13. Optional attachment(s) (if any) List of attachments Declaration Remove attachment To the best of my knowledge and belief, the information given in this application and its attachments are correct and complete. The company has obtained all the mandatory approvals from the concerned authorities, departments and substantial creditors. I have been authorized by the board of directors' resolution number * dated* (DD/MM/YYYY) to sign and submit this application. To be digitally signed by *Designation DSC BOX *Director identification number of the director; or DIN or PAN of the manager....