PROCEDURES OF COMPANY REGISTRATION:
In exercising such powers and discharging such functions as are granted to the Central Government by or under this Act or under the rules made thereunder and procedures for the registration purpose of companies under this Act. The Central government can establish the number of offices at such places as it thinks fits by notification, indicating their jurisdiction.
Registered offices of the companies and their fees.
1, The Central Government can establish a number of offices at such places that think as fit, indicating their jurisdiction for the purpose of operating such powers and such persons discharge grants on the Central government by or under this Act or under the rules thereunder made and procedures for the registration purpose of companies under this Act.
2, The registrar office shall observe normal working hours that the Central Government approved and can be open for the business transaction in public except Sunday, Saturday and public holidays in the morning 10.30 and in the evening 3.30 during working hours.
3, The office of the Registrar other than the offices shall observe such normal working hours as that the central government approved following procedures.
The Central Government may appoint such Additional, Registrars, Deputy, Joint and the Registrars assistant as it considers important for the companies registration following procedures and various functions discharge under this Act, and the duties and powers that may be performed by such officers shall be as may be specified.
The Companies (Registered offices and Fees) Rules, 2014.
Registrars Duties and Powers.
1, The Registrars shall operate such powers and discharge such duties as are granted on them by the Act or thereafter the rules made or granted to them by the Central Government, wherever the duties and power have been granted upon the Central government by the Act or the rules that were made under.
Whenever according to the Act, any duty or any function is to be discharged by the Registrar, or in his absence, by that person as the Central government being authorized for the time.
Provided that in the Central Government event modifications the existing registry offices constitution or any of them any duty or such function such officer shall be discharged and at such place, to the local situation of the registered offices’ reference of the concerned companies, which the Central government appoints.
3, The terms and conditions of service, including the payable salaries to appointed persons under sub-section (2), shall be such as may be ordered.
4, The central government may direct seals or seal for the authentication of detailed documents required to be prepared for, or connected with the registration of companies.
The Companies (Registered Fees and Offices) Rules, 2014.
The registrar can have a seal that seal shall support the words” Companies Registrar”.
Certain documents considered satisfactory as evidence.
Any document that is producing again or derived from documents and returns company filed with the Registrar in electronic form or on paper or any electronic data storage device stored or by the Registrar computer readable media, and by the Registrar authenticated or empowered by the Central Government Officer any other manner as prescribed in such a manner, shall be considered for the purposes of this Act to be a document and thereunder the rules made and in any proceedings shall be admissible without further proof thereunder or original production of any real contents as evidence or of any fact mentioned therein of which direct evidence is admissible.
Filing of applications related to the provisions, inspection, documents, etc., electronically.
In spite anything to the contrary that the Act contains and without causing harms to the provisions included in the Information Technology Act section6, 2000 (21 of 2000), the Central government sometimes make rules and procedures to require from such date that can be prescribed in the rules that
A such as balance sheet, applications, return, declaration, prospectus, memorandum, particulars in charges or document or any other particulars to be filed as required or under this Act delivered or thereunder the rules and procedures made, in the electronic form, shall file and in such manner authenticated that sometimes prescribed
The Companies( Registered Fees and Offices) Rules, 2014.
Conditions of filing manner.
Every financial statement, application, return, prospectus, memorandum, declaration, particulars of charges, articles or document or any other particulars or notice or any intimation or communication needed to be delivered or to be filed or served under the Act and there under the rules made, shall be delivered or filed or in readable electronic form served in computer in portable document format (pdf) or in such other format that has been indicated in any rule or of such application form in respect or document or form or to the Registrar declaration through the maintained portal by the central Government on its website or via any other website the Central Government notified.
Provided that need to file the details of documents on Non-judicial stamp paper, in the physical form the company can submit documents, in addition to their electronic form submission, that does not require central government submission in physical form and delivery of documents proof can be scanned, submit in physical form and form attachment part to the e-form.
Further provided that on such documents that is stamp duty is electronically paid maintained by the Central Government through the portal or via any other website Central government notified, the company cannot be needed to make such documents physical submission, in addition to their electronic form submission.
Also provided that in respect of certain documents filed under the Act which are not covered for stamp duty payment through the Central Government portal, and payable on such documents Stamp duty in the respective State is less than or equal to one hundred rupees, the company shall scan such documents stamped complete in every respect and can file in an electronic manner by the registrar for evidence and need not require to submit such documents except those that are required to be filed for offenses compounding or penalities adjudication or to Central government applications or Separate Regional Director in the physical form.
Also provided that otherwise mentioned in any law for the time that was in force, the company can get such documents duly stamped in original permanently relating to incorporation for the documents and matters thereto incidental, clauses of Memorandum if any changes and articles of Association or for a minimum period of eight years in other cases from the filing of documents date and shall be required to create the same as and for inspection the same is required and component authority verification under any law for the time that was in force.
Also provided that any correspondences (electronically or physically) and documents need to be filed through any person that can contain designation, name, membership number or address or Director Identification Number, as the case may be, of the person signing such documents and ensure correctness thereof and without any case, correspondence, just with signature and authorized signatory writing can be accepted.
Also provided without the request for any event based information recording or changes can be accepted by the registrar from such companies defaulting unless their updated balance sheet file and Loss Account and Profit and Annual Return along with Registrar of companies excludes
1, Filing Court order or other authorities,
2, Profit and Loss account balance sheet,
3, Compounding Application,
4, Form for money transfer to Investor Education and Fund Protection,
5, Application required for removing Auditor and
6, GNL-1 for creating company advice.
B, Such notice, document, any intimation or communication as may be needed to be delivered or served under this Act, in the electronic form and in such manner authenticated as may be prescribed.
Private Limited Company Registration
The most remarkable registration is Private Limited Company Registration.
REQUIREMENTS FOR PRIVATE LIMITED COMPANY REGISTRATION IN INDIA.
1. Minimum 2 shareholders and 2 directors both should be the same.
2. Maximum limit of the number of shareholders prescribed in Pvt limited company is 200.
3. Maximum number of Director in Private Limited structure can be raised to 15 should not be any special resolution.
4. The unsecured loan is permitted from relatives and directors only.
PUBLIC LIMITED COMPANY:
A liability limited company whose shares are sold and traded to the public also held privately frequently by another with a minimum share capital 50,000 and usually after its name with the letters of PLC
REQUIREMENTS FOR PUBLIC LIMITED COMPANY REGISTRATION:
1. Minimum 7 shareholders and 3 directors
2. The minimum share capital of 5 lakhs is required for the same
3. Need DSC – One of the directors digital signature certificate can apply along with the identity proof following procedures and address proof of the same director with self-attached
4. For pre-name, an application is to be made following procedures that is necessary with at least five names in the priority base.
5. An application for the availability of name is needed that comprise at least 6 names and main-objective clause after incorporation the company pursue.
6. Representing the company registrar along with the necessary documents like Memorandum and Articles of association, duly filed FORM INC-7, FORM DIR-12, and FORM INC-22.
7. Follow with ROC while paying registration fees and make changes if needed to AOA/MOA in proposed company other legal documents.
8. After getting approval, apply for the certificate of commencement of business and formation and company formation.
LIMITED LIABILITY PARTNERSHIP:
Limited liability company is the corporate structure where the company members are not liable personally for the company liabilities or debts. Hybrid entities which combine corporation characteristics and a sole proprietorship and a partnership.
STEP 1: Need to apply for DIN of every designated partner.
STEP 2: Name Reservation
STEP 3: LLP Incorporation
STEP 4: Limited Liability Agreement File.
ONE PERSON COMPANY ACT REGISTRATION:
The one person company act introduced through the companies Act 2013 to support entrepreneurs who will start a venture of their own by permitting them to make a single person economic activity following certain procedures.
- Includes one shareholder.
- Includes one director.
- Free from obeying the rule.