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Companies (Incorporation) Amendment Rules, 2020

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....ique Name) along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014, which may either be approved or rejected, as the case may be, by the Registrar, Central Registration Centre after allowing re-submission of such web form within fifteen days for rectification of the defects, if any, with effect from the 23^rd  February, 2020." 3. In the said rules, in rules 10, 12, sub-rule (1) of rule 19, sub-rules (1), (2), (3), (4), (7) and (9) of rule 38, for the words, letters, figures and brackets,, "Form No INC-32 (SPICe), wherever they occur, the letters, brackets, words and figures "SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32)" shall be substituted with effect from the 23^rd  February, 2020 4. In the said rules, in rule 38, in the marginal heading, for the word, brackets and letters "Electronically (SPICE)", the words, brackets and letters "Electronically Plus (SPICE+)" shall be substituted with effect from the 23^rd  February, 2020. 5. In the said rules, in rule 38A,- (i) in the marginal heading, for the words, brackets and letters "and Employees' Provident Fund Organisation (EPFO) Registratio....

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.... Article Number Short description on entrenchment of the clause 5. *Company is ☐ Having share capital ☐ Not having share capital 6. *Capital structure of the company Total authorized share capital (in Rupees) Authorized share capital Number of shares Nominal amount per share (in Rupees) Total amount (in Rupees) Total subscribed share capital (in Rupees) Equity Preference Unclassified 30 30 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Subscribed share capital Equity Preference Number of shares Nominal amount per share (in Rupees) Total amount (in Rupees) (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) III. Address of the Company 7. (a) *Correspondence address *Line I Line II *City *State/Union Territory *District *Phone (with STD code) Fax *email ID of the company * Pin code (b) *Whether the address for correspondence is the address of registered office of the company o Yes o No (....

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.... [भाग II – खण्ड 3 (i)] *Father's first name Father's middle name *Father's surname *Gender भारत का राजपत्र : असाधारण 33 *Date of Birth *Nationality *Place of Birth *Occupation type o Self Employed o Professional o Homemaker o Student o Serviceman *Area of Occupation If 'Others' selected, please specify *Educational Qualification □ PAN Passport number Aadhaar number *email ID Permanent Address *Line I Line II *City *State/ Union Territory *ISO Country code Pin code Country Verify Details *Phone (with STD/ISD code) *Whether present residential address same as permanent residential address o Yes o No Present address *Line I Line II *City *State/ Union Territory *ISO Country code *Phone (with STD/ISD code *Duration of stay at present address Country Years *Pin code Months If Duration of stay at present address is less than one year then address of previous residence 34 =4 THE GAZETTE OF INDIA: EXTRAORDINAR....

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....resent address is less than one year then address of previous residence *Proof of identity Voter's identity card number Driving license number Aadhaar Number *Residential Proof 36 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Submit the proof of identity and proof of address under attachments. Kind of shares Number of subscribed shares Amount of shares subscribed subscribed Equity shares Preference shares Number of entities in which director have interest *Registration number *Name *Address Nature of *Designation interest Percentage of Shareholding Others (specify) Amount (e) *Particulars of directors (other than first subscribers) I *Director Identification number (DIN) *Name *Gender *Designation Pre-Fill *Date of Birth *Nationality *Category Whether Chairman ☐ Executive director ☐ Non-executive director *Name of the company or institution whose nominee the appointee is *email ID Number of entities in which director have interest (Need not to mention if such entity is having CIN/FCRN/LLPIN) *Registration number *Name *Address Nature of *....

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....ification number(DIN) *First Name Middle Name *Surname Pre-Fill *Father's First Name Father's Middle Name *Father's Surname *Gender *Income-tax PAN Aadhaar number *Date of Birth Nationality Verify Details [भाग II – खण्ड 3 (i)] *Place of Birth (District & State) *Occupation type *Area of Occupation *Educational qualification Permanent Address *Line I Line II *City *State/Union Territory *ISO Country code Country *Phone (With STD/ISD code) Mobile भारत का राजपत्र : असाधारण 39 *Pin code Fax *email id *Whether present address is same as the permanent address □ Yes □ No Present Address *Line I Line II *City *State/Union Territory *ISO Country code Country Phone (With STD/ISD code) Mobile Fax *Duration of stay at present address Years *Pin code Months If Duration of stay at present address is less than one year then address of previous residence *Proof of identity *Residential Pro....

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.... utility bills (not older than two months); Attach 6. Copy of certificate of incorporation of the foreign body corporate and resolution passed by foreign company or authority given through constitutional document; Resolution passed by promoter company; Attach Attach 7. 8. Interest of first director(s) in other entities; Attach 9. Consent of Nominee (INC-3); Attach 10. Proof of identity & residential address of subscribers; 11. Proof of identity & residential address of nominee; Attach 12. Proof of identity and address of Applicant I; 13. Proof of identity and address of Applicant II; Attach 14. Proof of identity and address of Applicant III; Attach 15. Resolution of unregistered companies in case of Chapter XXI (Part I) companies Attach 16. Declaration in Form No. INC-14 Attach 17. Declaration in Form No. INC-15 18. Optional attachment(s), (if any) Attach 19. Attachment - Part A Attach Remove attachment ☐ 42 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] IX. Declaration Declaration I have gone through the provisions of the Companies Ac....

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....it this Form. I further declare that, company shall not commence its business, unless all the required approval from the sectoral Regulators such as RBI, SEBI etc. have been obtained; I on behalf of the promoters and the first directors, hereby declare that the registered office is capable of receiving and acknowledging all communications and notices addressed to the proposed company on incorporation, shall be maintained at the given address at item 7 of this form; *I, on behalf of all the first director(s) named in the Articles of Association of the proposed company, solemnly declare, that the declaration given herein as stated above are true to the best of my knowledge and belief, the information given in this integrated application form for incorporation and attachments thereto are correct and complete, and nothing relevant to this form has been suppressed. All the required attachments have been completely, correctly and legibly attached to this form and are as per the original records maintained by the promoters subscribing to the Memorandum of Association and Articles of Association. I, on behalf of the proposed Directors whose part....

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.... (iv) (v) the draft memorandum and articles of association have been drawn up in conformity with the provisions of sections 4 and 5 and rules made thereunder; and all the requirements of Companies Act, 2013 and the rules made thereunder relating to registration of the company under section 7 of the Act and matters precedent or incidental thereto have been complied with. The said records have been properly prepared, signed by the required officers of the Company and maintained as per the relevant provisions of the Companies Act, 2013 and were found to be in order; I have opened all the attachments to this form and have verified these to be as per requirements, complete and legible; I further declare that I have personally visited the premises of the proposed registered office given in the form at the address mentioned herein above and verified that the said proposed registered office of the company will be functioning for the business purposes of the company (wherever applicable in respect of the proposed registered office has been given). It is understood that I shall be liable for action under Section 448 of the Companies Act, 2013....

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.... declare that aforesaid business shall abide by the conditions and restrictions specified in the Act or Rules for opting to pay tax under the composition levy. b) Category of Registered Person Manufacturer of non-notified goods Supplier of food and non-alcoholic drinks Any other eligible supplier * Nature of Business Activity being carried out at above mentioned Premises (Please tick applicable) Factory/ ☐ Wholesale Business ☐ Retail Business ☐ Manufacturing Warehouse/Depot ◎ Bonded Warehouse ☐ Supplier of services ☐ Office/Sale Office ☐ Leasing Business ☐ Recipient of goods or ☐ services EOU/STP/EHTP ☐ Works Contract ☐ Export ☐ Import ☐ Others (specify), If others, please specify ☐ * (A). Primary Business Activity *If Others selected, please specify (B) * Exact nature of work / business * Work Sub-category * Nature of work business 10. *Details of the Goods supplied by the Business HSN Code (Four digit) Description of Goods 11. *Details of Services supplied by the Business....

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....ure of Authorized Signatory for EPFO GST Declaration (By Authorized Signatory) I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom. *ESIC Declaration (By Office Bearer) I hereby declare that the statement given above is correct to the best of my knowledge and belief. I also undertake to intimate changes if any, promptly to the Regional Office/Sub Regional Office, ESI Corporation as soon as such change takes place. Profession Tax Declaration The above information is true to the best of my knowledge and belief. *EPFO Declaration (By Primary Owner) I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom [भाग II-खण्ड 3 (i)] भारत का राजपत्र : असाधारण *Bank Declaration (By Authorized Signatory) 49 I hereby solemnly affirm and declare that the information given....

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.... Declaration by Subscribers सत्यमेव जयते and First Directors 1. Name of the Company This declaration is in respect of: Having valid DIN Not having valid DIN Total number of first subscribers (non-individual + individual) Number of non-individual first subscriber(s) Number of individual first subscriber(s) cum director(s) Total number of directors (director(s) who is/are not subscriber(s) + subscriber(s) cum director(s) as mentioned in above Row no. 3) 2(b) Authorized person of non-individual first subscriber(s) I. Income-tax permanent account number (PAN) Declaration being the subscriber to the memorandum, of the above named proposed company, hereby solemnly declare and affirm that: DSC ☐ ☐ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and I have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years; and All t....

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....ny breach of duty to any company under this Act or any previous company law during the preceding five years; and All the documents filed with the Registrar for registration of the company [भाग II-खण्ड 3 (i)] भारत का राजपत्र : असाधारण contain information that is correct and complete and true to the best of my knowledge and belief. DSC DSC BOX II. Income-tax permanent account number (PAN) Declaration being the subscriber to the memorandum and named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that: DSC ☐ ☐ ☐ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and I have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years; and All the documents filed with the Registrar for registration of the co....