COMPANIES AUTHORIZED UNDER THIS ACT TO BE REGISTERED.
Companies (Authorized to Registered) Rules, 2014.
COMPANIES CAPABLE OF BEING REGISTERED [SECTION 366]
APPLICATIONS OF PROVISIONS OF CHAPTER II TO ACT [RULE 3]
For the sub-section (2) of the section 366 of the purposes of Act, Chapter II provisions relating to the company incorporation and incidental matters thereto shall be applicable mutatis mutandis for such registration .
There shall be more members or seven for the registration purposes under this sub-rule of a company.
After obtaining a company availability of name in terms of the section 4 of the Act, provisions shall attach the documents needed and registrar information along with the Form No. URC.1 namely in the following manner:-
Shares of the Limited company for registration:
A list showing the occupation, the names, the addresses and all persons occupations named therein members with the shares details held respectively by them, showing shares allotted separately for cash consideration allotted and for consideration along with cash other than for consideration or for consideration other than cash along with the consideration source and distinguishing, in cases where numbered shares, by its each shares number, who on a day, not being more than before the day of seeking six clear days regulations were the Limited Liability Partnership partners.
- A list showing the proposed persons particulars as the company first directors, their names, including family names or surnames, the passport number (if any), the DIN with expiry date, addresses which is residential and their interests in other bodies or firms corporate to act as the company directors along with their consent to act.
- An affidavit from proposed each of the persons as the directors first, that he is not disqualified under sub-section (1) of section 164 to be a director and that all the filed documents for registration with the registrar of the company which is correct and complete and true to best of his knowledge and belief.
- The addresses of the partners list of the Limited Liability Partnership partners and names.
- The other Indian law or the parliament copy act, Partnership deed, bye-laws or other constituting instrument or the regulating company and duly checked.
- A statement showing the particulars mentioning :-
- The company capital nominal share and the shares number into which it is dividend.
- The number of shares taken and paid amount on each share.
- The company name with the word addition “Limited” or “Private Limited” as may require the case, as words thereof or the last word.
- No certificate of objection from the secured creditors of all the applicant or the written consent
- Sometimes the written consent maximum members present in person or agreeing at a general meeting by proxy agreeing for registration under this part.
- For registration as Limited company by guarantee or as a unlimited company;
- A list showing the addresses, the names and all persons occupations, who on a day, not being six clear days more than of seeking registration before the registration were the members of the company with the proofs of membership.
- A list showing the proposed particular persons as the company first directors, their names, including family names or sur names, the passport number (if any), the DIN, with expiry date, residential addresses and in other firms their interests or corporate bodies along to act with their consent as the company directors.
- An affidavit from the first directors each , that he is not disqualified to be a director of section 164 under sub-section (1) and that all documents for registration with the registrar contain information of the company that is correct and complete and true to best of his knowledge and belief;
- A list including the Partners of the Limited Liability Partnership addresses and the names.
- Other Indian Law or a copy of the Act of Parliament other instrument or constituting bye-laws or regulating duly verified the company.
- In the company intended case as a company to be limited by guarantee registered, a copy of the resolution declaring the amount of the guarantee
- Written consent or No objection Certificate from all the applicant creditors which is secured.
- The majority of the members from the written consent whether in person present or by proxy at a general meeting for agreeing registration under this part.
- Duly notarized affidavit from all the partners or members providing that the registration contain information of the company for registrar that is complete and correct and true to best of his knowledge and his belief.
- A list mentioning the Limited Liability Partnership addresses and the partners names.’
- Other Indian law or the copy of the Act of the parliament, bye-laws or constituting other instrument or duly verified regulating the company.
- In the company case intended to be registered as a company limited by a guarantee, a resolution copy declaring the guarantee amount;
- Written consent or No Objection Certificate from all the creditors of the applicant secured creditors.
- Written consent from the maximum members whether present in person or at a general meeting by proxy under this part for agreeing.
- An affidavit from all the partners and all the members duly notarized providing that in the event of registration as a company under Part I of Chapter XXI of the Act, papers or necessary documents shall be submitted to the registering or other authority with which was registered earlier the company, as dissolution of Limited Liability Partnership.
- The members list and directors and relating other particulars to the company that are required to the Registrar to be delivered shall be duly verified by any one or two proposed directors by the declaration of any more or two proposed directors, two or more Limited Liability Partnership partners more designated partners.
- OBLIGATIONS OF REGISTERED COMPANIES UNDER THIS PART (SECTION 374).
- OBLIGATIONS OF COMPANIES SEEKING REGISTRATION TO MAKE PUBLICATION (RULE 4).
- For the purpose of clause (b) of section 374 of the Act, every ‘company’ registration under the provision of Part I of Chapter XXI seeking registration shall publish and about advertisement of registration under the mentioned part, seeking objections, if any with twenty one clear days from the publication notice days and the mentioned advertisement shall be in Form No. URC. 2, in a newspaper that can be published and in English and in the vernacular language principal of the district in existence which the Limited Liability Partnership is circulated and existence in that district.
- A notice copy, as published and the notice copy served on Registrar (LLP) along with the service proof shall be attached with Form No. URC.1.
- After considering the registrar application shall and after and any of the objections , received by him from the publication date within thirty days of advertisement, and after ensuring that has addressed the company the objection, decide suitably whether the registration should or should not be granted.
- In satisfied if the registrar on the information and the document basis by the filed applicants, thought that the should be registered the applicant , he shall issue a incorporation certificate in Form No. INC11.
- OTHER OBLIGATIONS OF SEEKING REGISTRATION OF THE COMPANY (RULE 5):
- For clause purpose (d) of section 374 of the Act,-
- -where the Limited Liability Partnership has obtained received the registration certificate under section 367, to this effect an intimation shall be given, within such registration of fifteen days to the Registrar (LLP) concerned Registrar under which it was originally registered, along with papers or necessary documents or for its papers of dissolution as Limited Liability Partnership.
- Account statements, not prepared later than preceding fifteen days the date of seeking registration and together by the auditor of the previous year with the Financial Statements audited of the certified previous year, wherever applicable with Form No. URC. 1.
- If the existing company assets during the immediately preceding revalued three years for the vesting of its assets purpose to be incorporated within the company under this Act, the arising out surplus of such revaluation shall not be deemed to have been credited to the account capital or the partners current account.
- The LLP concerned registrar shall be given the notice under which it was originally registered and that objections shall require, if any to be made to the Registrar by such Registrar of the companies (LLP) concerned shall be made within twenty-one days period from such notice date, failing that they have no objection which it shall be presumed and the notice shall mentions the purpose and the matters substance in accordance to relations.
- Under the rules in case of Limited Liability Partnership registration , the mentioned Limited Liability Partnership declaration that all the document has been filed that are required to be filed under the Limited Liability Partnership Act with the Registrar(LLP) and shall be attached the declaration with Form No. URC. 1;
- a proceedings statement, if any, by or the Limited Liability Partnership against in any other Authority that are pending or any court with Form No. URC. 1. shall be attached.