CS M. Kurthalanathan

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

SN e-form Description Details required Attachment(s) to e-form
   

1

Form DIR-3 Application for allotment of Director Identification Number
  •  Photograph (latest Passport Size in JPG format)
  • Identity Proof
Indian Nationals Foreign Nationals
PAN Card Passport
  •  Residence Proof

v  Ration card,

v  Driving licence,

v  Aadhar Card (UIN)

v  Voter ID

v  Bank statement*

v  Electricity Bill*

v  Telephone*/Mobile* Bill

(*should not be more than 2 months old)

  • Current occupation
  • E-mail id
  • Mobile No.
  • Education Qualification
 

  • Proof of Identity
  • Proof of address
  • Copy of verification by the applicant as per Form No:DIR-4
  • Specimen signature duly verified in Form INC-10
2 Form INC-1 Reservation of name Mandatory Requirements:

  • DIN/PAN
  • First Name &Surname
  • Occupation type
  • Area of occupation
  • Detailed Address
  • Phone Number
  • Email id

Requirements (if applicable):

  • NOC from the promoters if they are carrying on any partnership firm/sole proprietary or unregistered entity
  • NOC if the proposed name contains name of any person other than promoters or their close blood relatives.
  • NOC for proof of relation whether the proposed name includes the name of relatives.
  • Trade mark details if applicable.
  • Copy of affidavit in case proposed name including phrase “Electoral Trust
 
3 Form INC-7 Incorporation of Company
  1. Address for correspondence till the registered office of the company is established.
  1. Particulars of promoters:
  • Name (including surname or family name) and recent Photograph affixed and scan with MOA and AOA:
  • Father’s/Mother’s/ name:
  • Nationality:
  • Date of Birth:
  • Place of Birth (District and State):
  • Educational qualification:
  • Occupation:
  • Income-tax PAN
  • Permanent residential address and also Present address
  • Duration of stay at present address
  • Email id
  • Phone No.
  • Fax no. (optional)
  • MOA
  • AOA
  • Declaration in Form-INC-8
  • Affidavit from each subscribers in Form-INC-9
  • Specimen signature in form-INC-10
  • Proof of residential address of the company (not more than 2 months)
  • Proof of Identity
  • NOC in case there is change in the promoters (first subscribers to MOA)
4 Form INC-22 Notice of situation or change of situation of registered office
  • Registered address of the company
  • Police station address where the company’s registered office is situated
  • Proof of Registered Office address (Conveyance/Lease deed/Rent Agreement along with the rent receipts) etc.;
  •  Copies of the utility bills as mentioned above (not older than two months);
  • A proof that the Company is permitted to use the address as the registered office of the Company if the same is owned by any other entity/ Person (not taken on lease by company)
  • Copy of order of competent authority;
5 Form DIR-12 Particulars of appointment of Directors and KMP and the changes among them  
  •  Letter of appointment
  • Declaration by first director in form INC-9
  • Declaration of appointee director in Form DIR-2
  • Interest in other entities.
6 Form INC-21 Declaration prior to the commencement of business or exercising borrowing powers  
  • Specimen signature in Form INC-10
  • Certificate of Registration issued by the RBI (in case of NBFCs) from other Regulators

Annexure to e-forms:

S.N Form Description Related e-form(s)
1 DIR-2 Consent to act as a director of a company  Form DIR-12
2 DIR-4 Verification of applicant for application for DIN  Form DIR-3
3 INC-8 Declaration Form INC-7
4 INC-9 Affidavit from each subscribers 1. Form INC-72. Form DIR-12
5 INC-10 Form for verification of signature of subscribers 1. Form DIR-32. Form INC-73. Form INC-21

 

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]

     Size 4’*4’(PASSPORT SIZE*)
    • to be attested by Banker/Notary

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

    Name
    Father’s Name
    Address

    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

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    0 responses to “e-forms for Formation/Incorporation of Private Limited Company”

    1. Anamika says:

      is there an eform for DIR-2

    2. Hema joshi says:

      How to file INC-12 for incorporation of NGO ?? INC-12 IS NOT AVAILABLE AT MCA SITE WHICH SHOULD BE AN ATTACHMENT WITH FORM RD-1

    3. TARUN ARORA says:

      DEAR
      SIR
      PLEASE TELL ME …..HOW WE CAN REPLACE THE DIRECTOR OF A COMPANY IF INC 1 IS ALREADY FILED AND MOA, AOA ALSO SUBCRIBED BY HIM….

    4. harsh vyas says:

      Exactly same doubts as CA bhavesh
      Kindly clarify
      Very Very usefull article anyways.

    5. CA. Bhavesh says:

      1. In attachment to INC-7, is the residential proof for the Company or for the promoters/ Directors because the Company cant have a residential proof before incorporation and other address details like NoC are to be filled in INC-22. Because INC-7 also asks for residential address details also.

      2. My reading is that DIR-2 is only in case of existing Companies. For new companies, Affidavit in INC-9 is required.

      Pls clarify on the above.

    6. komal jha says:

      Specimen signature duly verified in Form INC-10 is not required while filing DIR-3

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