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Companies (Authorised to Register) Second Amendment Rules, 2018

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...." means an irrevocable public charitable or religious trust registered under any law for the time being in force and represented by its trustees, in whom the trust property is vested, as members; (j) "Registrar of Firms" means the Registrar appointed under section 57 of the Indian Partnership Act, 1932 (9 of 1932); (k) "Registrar of Trusts" includes a Charity Commissioner, an Inspector-General of Registration or such other authority having the duty of registering trusts in a State.". 3.  In the said rules, for rule 3, the following rule shall be substituted, namely:- "3. (1) For the purposes of sub-section (2) of section 366 of the Act, the provision of Chapter II of the Act relating to incorporation of company and matters incidental thereto shall be applicable mutatis mutandis for such registration: Provided that there shall be two or more members for the purposes of registration of a company under this sub-rule: Provided further that a company with less than seven members shall register as a private company. (2) A company shall attach and provide the required documents and information to the Registrar along with Form No. URC. 1 in....

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....) a list showing the particulars of persons proposed as the first directors of the company, alongwith DIN, passport number, if any, with expiry date, residential addresses and their interests in other firm or body corporate along with their consent to act as directors of the company; (iii) in case of a firm, deed of partnership, bye laws or other instrument constituting or regulating the company and in case the deed of partnership was revised at any time in the past, copies of the principal and all subsequent deeds including the latest deed, along with the certificate of the registration issued by the Registrar of Firms, in case the firm is registered; (iv) in the case of a company intended to be registered as a company limited by guarantee, a copy of the resolution declaring the amount of guarantee; (v) written consent or No Objection Certificate from all the secured creditors of the applicant; (vi) written consent from the majority of members whether present in person or by proxy at a general meeting agreeing for such registration; (vii) an undertaking that the proposed directors shall comply with the requirements of the Indian Stamp A....

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....directors of the company; (iii) a certified copy of the certificate of registration of the trust and the trust deed; (iv) written consent or No Objection Certificate from all the secured creditors of the applicant; (v) written consent from the majority of members whether present in person or by proxy at a general meeting agreeing for such registration, and the resolution shall also provide for declaration of the amount of guarantee; (vi) an undertaking that the proposed directors shall comply with the requirements of the Indian Stamp Act, 1899 (2 of 1899) as applicable; (vii) a copy of the latest income tax return of the trust; (viii) details of the objects of the company alongwith a declaration from all the members that the restrictions and prohibitions as mentioned in clause (b) and clause (c) of sub-section (1) of section 8 of the Act shall be complied. (3) Where an application is made by a society or trust for registration as a company limited by guarantee and it has been proved to the satisfaction of the Registrar that the proposed company has its objects in accordance with clause (a) of subsection (1) of section 8....

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....ifteen days of such registration to the concerned Registrar of Firms, Registrar of Societies or Registrar of Trusts, as the case may be, under which it was originally registered, along with documents for its dissolution as a firm, society or trust as the case may be; (b)  in clause (iii), after the words "Registrar of Firms", at both the places, where they occur, the words, "Registrar of Societies or Registrar of Trusts, as the case may be" shall be inserted; (c)  in clause (v), for the words "Limited Liability Partnership or the firm", the words "Limited Liability Partnership, firm, society or trust" shall be substituted; (d)  after clause (v), the following clauses shall be inserted, namely:- "(vi) in case a society or trust intending to register as a company under section 366 of the Act is registered under section 12A of the Income Tax Act, 1961 (43 of 1961) for claiming exemption on its income, an intimation in this regard shall be sent to the Income- tax authorities and proof of its service shall be attached with Form No. URC. 1;. (vii)  upon registration of a society or trust as a company under the Act, no application for convers....

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....as any secured debt outstanding as on the date of application (ii) *Mention the total outstanding amount Attachments 1. *Particulars of members/partners along with the details of (DD/MM/YYYY) Yes No List of attachments Attach shares held by them; 2. *Declaration of two or more directors verifying the particulars Attach of all members/partners; 3. *Affidavit from all the members/partners for Attach dissolution of the entity; 4. *Copy of the instrument constituting or regulating the entity; Attach Attach 5. Copy of certificate of registration of the entity, if any; Attach 6. *Copy of Newspaper advertisement; 7. *Certificate from a CA/CS/CWA certifying the compliance with all the provisions of Stamp Act, to the extent applicable; 8. Consent of majority of members; Attach 9. Consent of at least three-fourth of members agreeing for registration under this part; 10. No objection certificate from the concerned Registrar of Firms or Registrar of Companies (LLP); Attach Remove Attachment 11. No objection certificate/Consent given by secured creditors; 12. Statement of accounts of t....

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....nd were found to be in order; ii. All the required attachments have been completely and legibly attached to this form. DSC BOX *To be digitally signed by Chartered accountant (in whole-time practice) or Company secretary (in whole-time practice) Cost accountant (in whole-time practice) or *Whether associate or fellow Associate Fellow *Membership number * Certificate of practice number Note: Attention is drawn to provisions of Section 448 and 449 of the Companies Act, 2013 which provide for punishment for false statement / certificate and punishment for false evidence respectively. Modify Check Form Prescrutiny Submit For office use only: eForm Service request number (SRN) Digital signature of the authorising officer This e-Form is hereby registered Date of signing Affix filing details eForm filing date Confirm submission (DD/MM/YYYY) (DD/MM/YYYY) "FORM NO. URC-2 Advertisement giving notice about registration under Part I of Chapter XXI of the Act [Pursuant to section 374(b) of the Companies Act, 2013 and rule 4(1) of the Companies (Authorised to Register) Rules, 2014] that 1. Notice i....