Tag Archives: The Companies (Incorporation) Rules 2014

LICENCE FOR NON – PROFIT COMPANIES


We have discussed incorporation of Companies including non – profits under Section 8 of the Companies Act 2013 earlier here. In this post we will discuss licence for non profit companies, including new companies or conversion of an existing company into a non – profit.

LICENSE UNDER SECTION 8 FOR NEW COMPANIES WITH CHARITABLE OBJECTS:

A person or an association of persons (hereinafter referred to in this rule as “the proposed company”), desirous of incorporating a company with limited liability under sub-section (1) of section 8 without the addition to its name of the word “Limited”, or as the case may be, the words “Private Limited”, shall make an application in Form INC – 12 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 to the Registrar for a license under sub-section (1) of section 8. [Rule 19(1)]

Continue reading

SERVICE OF DOCUMENTS


Section 20 of the Companies Act 2013 discussed earlier here make provision for service of documents for the purpose of this Act.

Service of documents on company

A document may be served on a company or its officer by sending it to the company or the officer at the registered office of the company by registered post or by speed post or by courier service or by leaving it at its registered office or by means of such electronic or other mode as may be prescribed.

Continue reading

CHANGE OF OBJECTS


According to sub – section (8) of Section 13 of the Companies Act 2013 discussed earlier here, a Company, which has raised money from public and has a unutilised amount out of money so raised, shall not change its objects for which it raised the money through prospectus unless a special resolution is passed by the company.

The prescribed details in respect of this special resolution shall be published in newspapers (one in English and another in local language) which are in circulation at place where registered office of the company is situated. These details shall also be placed on the Website of the company, if any. These details shall indicate the justification for such change in objects of the company.

Continue reading

SHIFTING OF REGISTERED OFFICE OUTSIDE STATE


Sub – Section (4) and (5) of Section deals with shifting of registered office from one state to another. We have discussed these provisions earlier here.

Any alteration relating to place i.e. state of registered office shall take effect only after approval by the Central Government. The Central Government shall dispose of the application for approval of shifting of registered office from one state to another within sixty days. This alteration should have consent of the creditors, debentures – holders, and other persons concerned with the company. The company should have made sufficient provision for the discharge of all its debts and obligations or adequate security should have been provided for such discharge. This is duty of Central Government, before giving approval of the application to satisfied itself about such consent and such sufficient provision to discharge debts and obligations.

Continue reading

SHIFTING OF REGISTERED OFFICE


In this post we will discuss, shifting of Registered office –

  1. Within same city, town or village, or
  2. Out side same city, town or village but within same state.

Notice and verification of change of situation of the registered office

In case of change in registered a notice of change duly verified shall be given to Registrar within fifteen days of such change. [Section 12(4)]

Continue reading

VERIFICATION OF REGISTERED OFFICE


In an earlier post here, we have discussed that according to Section 12 of the Companies Act 2013, the company shall have on and from the fifteenth day of its incorporation and all time a registered office for all communication purpose. The company shall furnish verification of its registered office within a period of thirty days of its incorporation.

According to Rule 25 of the Companies (incorporation) Rules 2014,

The verification of the registered office shall be filed in Form INC – 22 along with the fee.

Continue reading

INC – 28


Notice of Order of the Court or any other competent authority
Continue reading

INC – 27


Conversion of public company into private company or private company into public company
Continue reading

INC – 24


Application for approval of Central Government for change of name
Continue reading

INC – 23


Application to Regional Director for approval to shift the Registered Office from one state to another state or from jurisdiction of one Registrar to another Registrar within the same State

Continue reading

INC – 22


Notice of situation or change of situation of registered office

Continue reading

INC – 20


Intimation to Registrar of revocation/surrender of license issued under section 8
Continue reading

INC – 18


Application to Regional director for conversion of section 8 company into company of any other kind 

Continue reading

INC – 7


Application for Incorporation of Company (Other than OPC)

Continue reading

INC – 6


One Person Company- Application for Conversion

Continue reading

INC – 5


One Person Company- Intimation of exceeding threshold

Continue reading

INC -4


One Person Company- Change in Member/Nominee

Continue reading

INC – 3


 One Person Company- Nominee consent form

Continue reading

INC – 2


One Person Company- Application for Incorporation

Continue reading

INC – 1


 Reservation of Name 

Continue reading