URC – 1

Application by a company for registration under section 366

• eForm URC-1 is required to be filed pursuant to Section 366 of the Companies Act, 2013 and Rule 3(2) of the Companies (Authorised to Registered) Rules, 2014

• Any partnership firm, limited liability partnership, cooperative society, society or any other business entity formed under any other law for the time being in force consisting of seven or more members, may at any time register itself under Companies Act, 2013 as a Part I Company. For this purpose, eForm URC-1 shall be filed along with eForm INC-7.
• The entity has to get the name reservation by applying in eForm INC-1 and file this eForm along with INC-7 within 60 days from the date of filing eForm INC-1.
• Please ensure that secured creditors have given their consent have given their consent for registration under this Part.
• Also ensure that prior to filing this eForm, a notice in newspaper about registration under this Part, one in English and in vernacular language seeking objections must be published. A copy of such notice is to be filed along with this eForm. The entity should address such objections, if any suitably.

• The entity after registration shall submit all necessary documents to registering authority for dissolution as the existing entity under relevant law.
• Enter registration number of the existing entity.
• Select type of entity from the drop down values and in case others selected, specify the entity in description box.

• Enter the name of the entity.

• Enter the number of members in the entity as on the date of application. The number should be greater than or equal to 7.
• Enter the date of the instrument and its description through which the existing company or joint stock company has been constituted.

• Enter the date of general meeting where resolution has been passed by members authorizing registration with limited liability.
• Select whether YES or NO, if the entity has any secured debt outstanding as on the date of application.
• Enter the total amount of secured debt outstanding of the entity. And consent/NOC of all such creditors must have been obtained for registration.

Attachments

Mandatory:

• Particulars of members/partners along with the details of shares held by them
• Declaration of two or more directors verifying the particulars of all members/ partners
• Affidavit from all the members/partners for dissolution of the entity
• Copy of the instrument constituting or regulating the entity
• Copy of certificate of registration of the entity
• Copy of Newspaper advertisement

• Certificate from a CA/CS/CWA certifying the compliance with all the provisions of Stamp Act, to the extent applicable

Conditional:

• Consent of majority of members is mandatory to be attached in case company is limited by shares or Unlimited company.
• Consent of at least three-fourth of members agreeing for registration under this part is mandatory to be attached in case company is limited by guarantee.

• No objection certificate from the concerned Registrar of Firms or Registrar of Companies (LLP) is mandatory to be attached in case type of entity is Firms/ LLP.
• No objection certificate/Consent given by secured creditors is mandatory to be attached in case of any secured debt outstanding as on the date of application.
• Copy of the resolution declaring the amount of guarantee is mandatory in case company is limited by guarantee.
• Statement of accounts of the company, prepared not later than 6 days preceding the date of application duly certified by auditor, if applicable.

Fees:

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