TaxTMI 
TaxTMI 
Companies (Incorporation) Fourth Amendment Rules, 2018
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....l be in Form No.INC-20A and shall be filed as provided in the Companies (Registration Offices and Fees) Rules, 2014 and the contents of the said form shall be verified by a Company Secretary or a Chartered Accountant or a Cost Accountant, in practice: Provided that in the case of a company pursuing objects requiring registration or approval from any sectoral regulators such as the Reserve Bank of India, Securities and Exchange Board of India, etc., the registration or approval, as the case may be from such regulator shall also be obtained and attached with the declaration." 3. In the said rules, after rule 39, the following rules shall be inserted, namely:- "40.Application under sub-section (41) of section 2 for change in financial year (1) The application for approval of concerned Regional Director under sub-section (41) of section 2 , shall be filed in e-Form No.RD-1 along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 and shall be accompanied by the following documents, namely:- (a) grounds and reasons for the application; (b) a copy of the minutes of the board meeting at which the resol....
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....An application under the second proviso to sub-section (1) of section 14 for the conversion of a public company into a private company, shall, within sixty days from the date of passing of special resolution, be filed with Regional Director in e-Form No. RD-1 along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 and shall be accompanied by the following documents, namely:- (a) a draft copy of Memorandum of Association and Articles of Association , with proposed alterations including the alterations pursuant to sub-section (68) of section 2; (b) a copy of the minutes of the general meeting at which the special resolution authorising such alteration was passed together with details of votes cast in favour and or against with names of dissenters; (c) a copy of Board resolution or Power of Attorney dated not earlier than thirty days, as the case may be, authorising to file application for such conversion; (d) declaration by a key managerial personnel that pursuant to the provisions of sub-section (68) of section 2, the company limits the number of its members to two hundred and also statin....
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....s one, to the effect that they have made a full enquiry into affairs of the company and, having done so, have formed an opinion that the list of creditors and debenture holders is correct, and that the estimated value as given in the list of the debts or claims payable on contingency or not ascertained are proper estimates of the values of such debts and claims that there are no other debts, or claims against, the company to their knowledge. (4) A duly authenticated copy of the list of creditors and debenture holders shall be kept at the registered office of the company and any person desirous of inspecting the same may, at any time during the ordinary hours of business, inspect, and take extracts from the same on payment of ten rupees per page to the company. (5) The company shall, atleast twenty-one days before the date of filing of the application_ (a) advertise in the Form No.INC.25A, in a vernacular newspaper in the principal vernacular language in the district and in English language in an English newspaper, widely circulated in the State in which the registered office of the company is situated; (b) serv....
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....ring or hearings within a period thirty days , as required and direct the company to file an affidavit to record the consensus reached at the hearing, upon executing which, the Regional Director shall pass an order either approving or rejecting the application along with reasons within thirty days from the date of hearing, failing which it shall be deemed that application has been approved and approval order shall be automatically issued to the applicant. (ii) In case where no consensus is received for conversion within sixty days of filing the application while hearing or otherwise, the Regional Director shall reject the application within stipulated period of sixty days: Provided that the conversion shall not be allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Act. (10) On completion of such inquiry, inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending, conversion shall be allowed. (11) The order conveyed by the Regional Director shall be filed by the company with the Registrar in Form N....
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.... the RBI (Only in case of Non-Banking Financial Companies)/ from other regulators (3) Optional attachment(s) (if any) Declaration + Attach Attach Attach List of Attachments Remove attachment dated I am authorized by the Board of Directors of the Company vide resolution number. * to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I further declare that: 1. Whatever is stated in this form and in the attachments thereto is true, correct and complete and no information material to the subject matter of this form has been suppressed or concealed and is as per the original records maintained by the company. All the required attachments have been completely and legibly attached to this form. 2. 3. Every subscriber to the MOA has paid the value for shares agreed to be taken by him 4. The company has filed with the registrar a verification of its registered office as provided in subsection (2) of section 12. *To be digitally signed by Director *Director ide....
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....onal Director (complete address of the Regional Director to be given), within fourteen days from the date of publication of this notice with a copy to the applicant company at its registered office at the address mentioned below: For and on behalf of the Applicant Director with DIN Complete address of registered office Date........ Place...........". Document 3 6.In the said rules, after form No.INC-34, the following form shall be inserted, namely:- FORM NO.RD-1 [Pursuant to the Companies Act, 2013 and rule 40 and 41 of the Companies (Incorporation] Rules, 2014 Form language o English o Hindi सतà¥à¤¯à¤®à¥‡à¤µ जयते Note All the fields marked in * are to be mandatorily filled. 4. (a) Corporate identity number (CIN) of company (b) Global location number (GLN) of company 5. (a) Name of the company (b) Address of the registered office of the company Form for filing application to Regional Director 3. *Please indicate the purpose of the application OOOO Rectification of Name Change in financial year Conversion of Public company into a Private company Others ....
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.... सतà¥à¤¯à¤®à¥‡à¤µ जयते Note All fields marked in are to be mandatorily filled. 1 Service Request Number (SRN) of relevant form(s) Pre-fill (Mention SRN of relevant form(s) in respect of which addendum is being filed. Ensure that correct SRN IS mentioned in this field and verify the system displayed details below) 2.(a) Date of SRN (DD/MM/YYYY) (b) Form number(s) 3 (a) Corporate identity number(CIN) or Foreign company registration number(FCRN) of the company (b) Global location number (GLN) of company 4 (a) Name of the company (b) Address of the registered office or of the principal place of business in India of the company (c) Name of the person filing form (applicable in case of filing with respect of non company or company yet to be incorporated (d) E-mail ID 11 5.(a) Details of the defects pointed out or further information called by the Regional Director or any other competent authority. (b) Details of rectification of the defects or further information furnished 6.(a) SRN of additional(differential) stamp duty payment Details of additional (differe....