Section 7 of the Companies Act, 2013 discusses incorporation of a company including a One Person Company. We have discussed this Section earlier here. Clause (e) of Section (1) of Section 7 require the particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum along with proof of identity, as may be prescribed, and in the case of a subscriber being a body corporate, such particulars as may be prescribed.
Rule 16 of the Companies (Incorporation) Rules 2014 lists the particulars to be filed with the Registrar by the company under Section 7(1)(e).
In case of individual subscriber to the memorandum following particulars are required to be filed:
(a) Name (including surname or family name) and recent Photograph affixed and scan with MOA and AOA;
(b) Father’s/Mother’s/ name;
(d) Date of Birth;
(e) Place of Birth (District and State);
(f) Educational qualification;
(h) Income-tax permanent account number (PAN);
(i) Permanent residential address
(ii) Present address (Time since residing at present address and address of previous residence address (es) if stay of present address is less than one year)
(iii) the office/business addresses;
(j) Email id of Subscriber;
(k) Phone No. of Subscriber;
(l) Fax no. of Subscriber (optional)
(m) Proof of Identity:
I. For Indian Nationals:
PAN Card (mandatory); and
any one of the following
Voter’s identity card
Driving License copy
Unique Identification Number (UIN)
II. For Foreign nationals and Non Resident Indians
(n) Residential proof such as Bank Statement, Electricity Bill, Telephone / Mobile Bill. Bank statement Electricity bill, Telephone or Mobile bill shall not be more than two months old;
(o) Proof of nationality (in case the subscriber is a foreign national)
(p) If the subscriber is already a director or promoter of a company(s), the particulars relating to-
(i) Name of the company;
(ii) Corporate Identity Number;
(iii) Whether interested as a director or promoter;
(q) the specimen signature and latest photograph duly verified by the banker or notary shall be in the prescribed Form INC – 10.
In case subscriber to the memorandum is a body corporate following particulars are required to be filed:
(a) Corporate Identity Number (CIN) of the Company or Registration number of the body corporate, if any
(b) GLN, if any;
(c) the name of the body corporate
(d) the registered office address or principal place of business;
(e) E-mail Id;
(f) if the body corporate is a company, certified true copy of the board resolution specifying inter alia the authorization to subscribe to the memorandum of association of the proposed company and to make investment in the proposed company, the number of shares proposed to be subscribed by the body corporate, and the name, address and designation of the person authorized to subscribe to the Memorandum;
(g) if the body corporate is a limited liability partnership or partnership firm, certified true copy of the resolution agreed to by all the partners specifying inter alia the authorization to subscribe to the memorandum of association of the proposed company and to make investment in the proposed company, the number of shares proposed to be subscribed in the body corporate, and the name of the partner authorized to subscribe to the Memorandum;
(h) the particulars as specified above for subscribers in terms of clause (e) of sub- section (1) of section 7 for the person subscribing for body corporate;
(i) in case of foreign bodies corporate, the details relating to-
(i) the copy of certificate of incorporation of the foreign body corporate; and
(ii) the registered office address.
As discussed above, Form INC – 10 is a verification of photograph and signature of individual subscriber by a banker or notary public. Person who is attesting should indicate his/her name, address and ID number.
Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.
Can you please confirm whether the Body corporate needs to file a Form INC 10? If Yes, will the details specified in Rule 16(2) need to be included in such Form INC 10 along with the photograph of the authorised representative?
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