Draft Documents For Incorporation of Section 8 Company

1. Documents required for Incorporation of Section 8 Company

SR	Name of Document	Section / Rule reference.
1	Memorandum of Association	Rule 19 (2) of The Companies (Incorporation) Rule, 2014.
2	Article of Association
3	DIR. 2 Consent from each Director	Section 152(5) of Companies Act, 2013 and Rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014
4	INC. 8 Certification from Professional	Section 7 (1) (b) and Rule 14 of the Companies (Incorporation) Rules, 2014
5	INC. 9 Declaration from First Director(s) and Subscriber(s)	Section 7(1)(c) of the companies Act, 2013 and Rule 15 of the Companies (Incorporation) Rules, 2014
6	INC. 10 for verification of signature of Subscriber(s)/ First Director(s)	Rule 16 (1) (q) of Companies (Incorporation) Rule, 2014
7	INC. 14 Declaration from Professional	Section 7(1)(b) and Rule 19 (3)(b) of the Companies (Incorporation) Rules, 2014
8	INC. 15	Rule 19 (3)(d) of the Companies (Incorporation) Rules, 2014
9	INC. 12 Application to ROC for License	Rule 19 (1) of the Companies (Incorporation) Rules, 2014
10	Registered office Address	Section 12 of Companies Act, 2013
11	NOC for Registered office Address
12	Detail Address of Police Station under which jurisdiction registered office is situated
13	Subscriber Information Form each subscriber	Rule 16 of Companies (Incorporation) Rule, 2014
14	Projected Income and Expenditure	Rule 19 (3)(c) of the Companies (Incorporation) Rules, 2014
15	Directors Details
16	Promoters Details
17	Grounds of Application
18	Note on work to be done by Company
19	Statement of Assets and Liabilities
20	Covering letter

2. Procedure

1. Step 1 – DSC, DIN and Name Approval

1. Check the documents/DSC form(s) received form the client.
   • They should be as per the list of Documents required.
   • If the documents/ DSC form(s) are not as per the list, then ask for the same from client.
     
     
2. Send Main Object to client for Confirmation.
   
   
3. Apply for DSC.
   
   
4. Apply for DIN.
   
   
5. Download DIN Approval Certificate.
   
   
6. Check the confirmation received from client for Main Object.
   
   
7. Apply for Name reservation.
   
   
8. Check the name is approval certificate.
   
   
9. Save the name approval certificate in folder of Company.

2. Step 2 – Application to ROC for License

1. Prepare the documents required for application of License.(kindly refer the list of documents required as mentioned above)
   
   
2. Send the documents to Client for signature and notary.
   
   
3. Check the documents received form the client. If the documents are not in proper. order/sign/notary then ask client to resubmit the same.
   
   
4. If documents found perfect then, fill e-Form RD-1.
   
   
5. Attach all required documents to RD-1 form.
   
   
6. Submit original documents to ROC.
   
   
7. Comply with correction as advised by ROC, if any 
   
   
8. Wait for approval from ROC for License.
   
   
9. Save the License in the folder of the Company.

3. Step 3 – Application to ROC for Incorporation

1. Check the License.
   
   
2. Fill the e-forms relating to incorporation of Company.
   • INC. 7 – Incorporation of Company.
   • INC. 22 – Registered office of Company.
   • DIR. 12 – Details of Directors of Company.
     
     
3. Attach all required documents to respective e-forms.
   
   
4. Comply with correction as advised by ROC, if any.
   
   
5. Wait for approval from ROC for Incorporation Certificate.
   
   
     
   
   
     

DRAFT FORMAT

Declaration by Promoters

DECLARATION

(In Case of INDIVIDUAL)

I _______________, S/o ____________ resident of (Address), City : __________, Pin Code : ______, hereby confirm and verify that:

Company / Directors shall not accept deposits unless compliance with the applicable provisions of the Companies Act 2013, RBI Act, 1934 and SEBI Act, 1992 and rules/directions/regulations made thereunder are duly compiled and filed with the concerned authorities.

Signature

___________________________

(Name of Individual)

DECLARATION 


(In Case of CORPORATE)

I, (Name of Promoter/Director) on behalf of the company namely (Company Name) residing at (Address), City : __________, Pin Code : ______, hereby confirm and verify that:

Company / Directors shall not accept deposits unless compliance with the applicable provisions of the Companies Act 2013, RBI Act, 1934 and SEBI Act, 1992 and rules/directions/regulations made thereunder are duly compiled and filed with the concerned authorities.

Signature

________________________________

(Name of Promoter/Director)

Details of Present Assets and Liabilities of the Proposed Company

(Name of Company)

(A company under incorporation under section 8 of the Companies Act, 2013)

PRESENT STATEMENT OF ASSETS AND LIABILITIES OF COMPANY AS 
ON DATED  ______________

FIXED ASSETS: NIL

LIABILITES: NIL

(SIGNATURE) (Name of Individual)          (Name of Promoter)             (Name of Promoter)     (This is for Individual) (SIGNATURE) (SIGNATURE) (SIGNATURE) (Name of Company Pvt. Ltd.) (For Corporate) (Name of  Promoter/Director) (Name of  Promoter/Director) (Name of Promoter/Director)
Date: ____________________ Place: ___________________

 Enclosure of INC-12

 

Name of Company
Statement of Promoters
Clause 7 of INC-12
Sr. No.	Category	DIN/PAN/ Other Regn. No.	Name	Name of Authorised Representative
1	Individual		Person name	Not Applicable
2	Company		Person name	Not Applicable

Name of Company
Clause 8 of INC-12
Particulars of Proposed Directors
Sr. No.	Proposed Designation	DIN	Name of Person	Name of the company or institution whose nominee the appointee will be (only in case of nominee director)
1	Director			NA
2	Director			NA

Grounds of Applications

 NAME OF COMPANY (IN CAPITAL WORDS)

(A company under incorporation under section 8 of the Companies Act, 2013)

To

The Registrar of Companies

State

Ministry of Corporate Affairs

Address :

City : ___________
Pin Code : - ______

Sub: - Grounds of Application for granting the licence under the provisions of the Section 8 of the Companies Act, 2013 for “Name of Company”

Dear Sir,

We the proposed promoters/subscriber and directors of “Name of Company”, herewith apply on the basis of the following grounds of application, for the licence to incorporate a Company under the provisions of Section 8 of the Companies Act, 2013.

By incorporating this company we can do following activities for the betterment of society as a whole.

Our proposed main object is as under: 

 

To establish, develop, run, maintain, assist the community halls, marriage halls, dharamshalas, old age home, shelter home or other establishments for relief of and give help to poor and destitute people, orphans, handicapped, disadvantaged women or children, widow, crippled, old aged persons and for benefit of general public with no profit motive.

To promote growth of knowledge by becoming a partner in regional, national and international development by providing educational services in the various fields like Arts, Medical Science, Pharmacy, Industry & Commerce, Engineering, Environment awareness, Yoga, Information Technology, Management, Hospitality, Travel & Tourism and/ or any other faculty and to establish, maintain, run, develop, extend, for and to aid in the establishment, maintenance, improvement and extension of schools, colleges, polytechnics, medical colleges, Hospitals, Nursing centres and other educational institutions including vocational training centers, Medical Laboratories, Research centers, Libraries and audio education Centers and Hostels for students and to provide medical relief, carry social welfare activities and preservation of environment including watersheds, forests, wildlife with no profit motive.

 Kindly, take note of the above grounds for the application for the license and oblige.

(Modify According to your Object)
(SIGNATURE) (Name of Individual)          (Name of Individual)             (Name of Individual)    (This is for Individual)  (SIGNATURE) (SIGNATURE) (SIGNATURE) (Name of Company) (For Corporate)  (Name of Promoter/Director) (Name of Promoter/Director) (Name of Promoter/Director)
Date: ______________ Place: _____________

Form No. INC-14

Declaration

[Pursuant to section 7(1)(b) and rule 19 (3)(b) of the Companies (Incorporation and Incidental) 

Rules, 2014]

Name of the Company: “__________________________”

I, (Name of CS/CA) S/o ___________________, resident of (Address), City : ____________, Pin Code : ___________a Company Secretary in India who is engaged in the formation of the company hereby declare that:

(a) the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8 and rules made there under; and

(b) all the requirements of the Act and the rules made there under relating to registration of the company under section 8 and matters incidental or supplemental thereto have been complied with.

Date: _______________

Place:_______________

________________________

                                                                                                          Signature

 Membership Number : __________

Form No. INC-15 

Declaration

[Pursuant to rule 19 (3)(d) of the Companies (Incorporation and Incidental) Rules, 2014]

In connection with the application of “Name of Company” for licence under section 8 of the Companies Act, 2013.

I, __________________ do hereby declare that : —

(a) the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8 and rules made there under; and

(b) all the requirements of the Act and the rules made there under relating to registration of the company under section 8 and matters incidental or supplemental thereto have been complied with; and

I make this solemn declaration conscientiously believing the same to be true.

Place: ______________ 

Date: _______________

 ______________________________

                                                                                                                   Signature

Name: __________________ 

Address: ____________________

Income Statement

Name of Company
Estimated Income & Expenditure Statement
	Amount in Rupees
Particularas	2015-16	2016-17	2017-18
Estimated Income	0	0	0
TOTAL (A)	0	0	0
Estimated Expenditures
Salary to Office Staff	0	0	0
Overhead Expenses	0	0	0
Stationary & Office Expenses	0	0	0
Office Rent	0	0	0
Misc Expenses	0	0	0
TOTAL (B)	0	0	0
Estimated Surplus (C)	0	0	0
Opening Balance (D)	0	0	0
Cumulative Surplus (C+D)	0	0	0

(SIGNATURE)
(Name of Individual)          (Name of Individual)             (Name of Individual)    (This is for Individual)
	(SIGNATURE)	(SIGNATURE)	(SIGNATURE)
(Name of Company) (For Corporate)	(Name of Promoter/Director)	(Name of Promoter/Director)	(Name of Promoter/Director)

Note on work or proposed to be done in future

Name of Company

(A company under incorporation under section 8 of the Companies Act, 2013)

OBJECTS OF THE COMPANY TO BE UNDERTAKEN AFTER INCORPORATION:

1.      To establish, develop, run, maintain, assist the community halls, marriage halls, dharamshalas, old age home, shelter home or other establishments for relief of and give help to poor and destitute people, orphans, handicapped, disadvantaged women or children, widow, crippled, old aged persons and for benefit of general public with no profit motive.

2.   To promote growth of knowledge by becoming a partner in regional, national and international development by providing educational services in the various fields like Arts, Medical Science, Pharmacy, Industry & Commerce, Engineering, Environment awareness, Yoga,  Information Technology, Management, Hospitality, Travel & Tourism and/ or any other faculty and to establish, maintain, run, develop, extend, for and to aid in the establishment, maintenance, improvement and extension of schools, colleges, polytechnics, medical colleges, Hospitals, Nursing centres and other educational institutions including vocational training centers, Medical Laboratories, Research centers, Libraries and audio education Centers and Hostels for students and to provide medical relief, carry social welfare activities and preservation of environment including watersheds, forests, wildlife  with no profit motive.

(Modify According to your Object)

(SIGNATURE)
(Name of Individual)          (Name of Individual)             (Name of Individual)    (This is for Individual)
	(SIGNATURE)	(SIGNATURE)	(SIGNATURE)
(Name of Company) (For Corporate)	(Name of Promoter/Director)	(Name of Promoter/Director)	(Name of Promoter/Director)

Date:_________________

Place: ________________

 Present activities of the proposed  Company

Name of Company

 (A company under incorporation under section 8 of the Companies Act, 2013)

STATEMENT OF PRESENT ACTIVITIES:

The Company under incorporation, being a new company, there are no 

present activities.

 

(SIGNATURE)
(Name of Individual)          (Name of Individual)             (Name of Individual)    (This is for Individual)
	(SIGNATURE)	(SIGNATURE)	(SIGNATURE)
(Name of Company) (For Corporate)	(Name of Promoter/Director)	(Name of Promoter/Director)	(Name of Promoter/Director)

Date:_________________

Place: ________________

For MOA (INC - 13) and AOA kindly send mail on meetesh.shiroya@gmail.com.


Thanks & Regards,
Meetesh Shiroya