e-forms for Formation/Incorporation of Private Limited Company

CS M. Kurthalanathan

Filing of e-forms with ROC for formation/Incorporation of Private Company

Annexure to e-forms:

Form DIR-2

Consent to act as a director of a company

[Pursuant to section 152(5) and rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014]

To

——————— (Name of the company)

——————– (Address of the company)

 Subject: Consent to act as a director.

I ………………………, hereby give my consent to act as director of ……….. (name of the company), pursuant to sub-section (5) of section 152 of the Companies Act, 2013 and certify that I am not disqualified to become a director under the Companies Act, 2013.

1. Director Identification Number (DIN):
2. Name (in full):
3. Father’s Name (in full):
4. Address:
5. E-mail id:
6. Mobile no.:
7. Income-tax PAN. :
8. Occupation:
9. Date of birth:
10. Nationality:
11. No. of companies in which I am already a Director and out of such companies the names of the companies in which I am a Managing Director, Chief Executive Officer, Whole time Director, Secretary, Chief Financial Officer, Manager.
12. Particulars of membership No. and Certificate of practice No. if the applicant is a member of any professional Institute. Specifically state NIL if none.

DECLARATION

I declare that I have not been convicted of any offence in connection with the promotion, formation or management of any company or LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years. I further declare that if appointed my total directorship in all the companies shall not exceed the prescribed number of companies in which a person can be appointed as a Director.

Signature:…………………….

Designation:………………….

Date:

Place:

Attachments:

1. Proof of identity;

• Proof of residence;

—————————-

Form DIR-4

Verification of applicant for application for DIN

(To be in the form of Affidavit)

[Pursuant to section 153 and rule 9(3)(a)(iv) of Companies (Appointment and  Qualification of Directors) Rules, 2014]

I, ……………….., Son/ Daughter of ……….., born on ………….., resident of ………………………………………………………………………………………………… hereby confirm and verify that the particulars given in the Form DIR-3 are true and also are in agreement with the documents being attached to the Form DIR-3.

I hereby confirm and declare that :

1. The photograph and documents being attached to the Form DIR-3 belong to me. I further confirm that all required documents have been duly certified by the respective government authority and are being attached to the Form DIR-3, and
2. I am not restrained, disqualified, removed of, for being appointed as director of a company under the provisions of the Companies Act, 2013 including sections 164 and 169, and
3. I have not been declared as proclaimed offender by any Economic Offence Court or Judicial Magistrate Court or High Court or any other Court, and
4. I have not been already allotted a Director Identification Number (DIN) under section 154 of the Companies Act, 2013, and
5. I shall be liable under section 448 of the Act and under the relevant provisions of the Indian Penal Code, 1860 and any other law as applicable  if any statement in this application is found to be false or any material fact is found to have been omitted.

*Note: strike out whichever is not applicable.

Signature

(Name)

 ——————

Form No. INC-8

Declaration

[Pursuant to section 7(1)(b) and rule 14 of the Companies (Incorporation ) Rules, 2014]

Name of the Company: ………………………….……………………………………………………

I …… ………………………………….,

1.       An advocate who is engaged in the formation of the company

2.       A Chartered Accountant in India who is engaged in the formation of the company

3.       A Cost Accountant in India who is engaged in the formation of the company

4.       Company Secretary in practice in India who is engaged in the formation of the company

Declare that all the requirements of Companies Act, 2013 and the rules made there under relating to registration of the company under the Act and matters precedent or incidental thereto have been complied with.

Date:                                                                                                               Signature:

Place:                                                                                                              Membership No.:

———————–

Form No. INC-9

Affidavit

[Pursuant to section 7(1)(c) of the Companies Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014]

Name of the proposed company: ……………………………………

I …………………., being the subscriber to the memorandum / named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that:

1.       I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and

2.       I have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years; and

3.       All the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of my knowledge and belief.

Date:

Place:                                                                                                                               Signature:

——————————–

Form No. INC – 10

Form for verification of signature of subscribers

[Pursuant to rule 16 (1) (q) of Companies (Incorporation) Rules, 2014]

• to be attested by Banker/Notary

1.       Names, father’s name and Address of subscribers/first directors:

2.       Specimen signatures:

Attestation*

(Signature of witness)

Note:

1. in point no. 1 above, strike off whichever is not applicable.
2. Person who is attesting should indicate his/her name, address and ID number