Friday 6 January 2017

Draft Documents For Incorporation of Company Using SPICe Form



 INCORPORATION OF COMPANY USING
SPICe (Simplified Proforma for 
Incorporating Company Electronically) FORM




CHECKLIST



INC - 9 FOR AFFIDAVIT

  
Form DIR-2 CONSENT TO ACT AS A DIRECTOR OF A COMPANY 


FORM MBP - 1 NOTICE OF  INTEREST BY DIRECTOR 


FORM 'DIR-8 - [INTIMATION BY DIRECTOR]


Form No. INC-8 DECLARATION BY PROFESSIONAL





DRAFT FORMAT



FORM NO. INC - 9 

AFFIDAVIT



[Pursuant to section 7(1)(c) of the Companies Act, 2013 and
Rule 15 of theCompanies (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:


  • 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

  • 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

  • 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.





                                                                                                                          Signature:


...............................

Date: …......................

Place: …......................


 
                            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 he 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.



Provide below Details of each Director :


Sr. No.
Details Required
Particulars
1
Director Identification Number (DIN)

2
Name (in full)

3
Father’s Name (in full)

4
Address

5
Contact Number

6
E-mail id

7
Income-tax PAN (If Available)

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.

Note : Specifically State Nil if not Membership of Certificate of Practice Number.
NIL




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:………………….







FORM MBP - 1

Notice of Interest by Director 

 

[Pursuant to section 184 (1) and rule 9(1)]

To
The Board of Directors
………………..Limited

Dear Sir(s)


I, .................... , son/daughter/spouse of ……………., resident of ………….., being a director in the company hereby give notice of my interest or concern in the following company or companies, bodies corporate, firms or other association of individuals:-

I.

Sr
Names of the Companies
Nature of interest or
Shareholding*
Date on which
No.
/bodies corporate/ firms/
concern / Change in
(Exceeding
interest or concern

association of individuals
interest or concern
0.10% of the
arose / changed



paid-up share




capital).

Directorships

PUBLIC COMPANIES
1.




2.





PRIVATE COMPANIES
1.




2.





FOREIGN COMPANIES
1.




2.





TRUSTS & NON-TRADING ORGANISATIONS
1.




2.





Partnership Firms in which I am a Partner and Association of individuals in which I am a member
1.






Attached herewith is a list of my relatives.





                                                                Signature: .......................
                                                                
                                                                MD/Director/Secretary
                                                                DIN Number : ________


Place: 

Date:



*Holding 2% or more of paid up capital







FORM 'DIR-8



[Intimation by Director]



[Pursuant to Section 164(2) and rule 14(1) of Companies
(Appointment and Qualification of Directors) Rules, 2014]


 

Registration No. of :-

Nominal Capital Rs. :-
Paid-up Capital Rs. :-

Name of Company :-

Address(Reg.Office) :-




To,

The Board of Directors

Of _________________________(Name of Proposed Company)




I __________________(Name of Proposed Director) son/daughter of _____________________, resident of __________________(Address with Pin code) director /managing director/manager in the company hereby give notice that I am/was a director in the following companies during the last 3 years:-



Sr. No
Name of the Company
Date of Appointment
Date of cessation







I further confirm that I have not incurred disqualifications under section 164(2) of the Companies Act, 2013 in the above company(s) in the previous financial year, and that I, at present stand free from any disqualification from being a director.


OR


I further confirm that I have incurred disqualifications under section 164(2) of the Companies Act, 2013 in the following company(s) in the previous financial year, and that I, at present stand disqualified from being a director



Sr. No
Name of the Company
Date of Appointment
Date of cessation







Dated this ___ day of __________ 



(______________________)
Signature


















Form No. INC-8


Declaration


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





Name of the Company: ................................... PRIVATE LIMITED



I , .............................



  • a Company Secretary in practice in India who is engaged in the formation of the company
  • an advocate who is engaged in the formation of the company


  • a Chartered Accountant in India who is engaged in the formation of the company

  • a Cost Accountant in India who is engaged in the formation of the company

     


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



____________________

Signature:


Membership No : __________

Date:


Place:






PRINT SCREEN OF FILLED FORM








Fill the Form INC-32 as per below details. Previously it was INC-29 Form now substituted.
 




Entered the Authorised Share Capital, with Number of Shares and nominal amount of Shares.
 



Entered your Correspondence Address, if Correspondence Address is same as Registered office of the Company Select Yes otherwise No and enter the details of Registered office Address.
 



If the Company name is already approved then Enter the SRN Number of INC-1, click on Prefill button, the name of the Company is auto populated, however if name is not Approved then enter the Name of Company (Proposed Name) in the box, Proposed or Approved Name. As per Below Screen.


 


Now enter DIN Number of Director, click on Prefill button the details automatically captured. Enter the email id of the respective director. Enter the details of Shares Subscribed by Directors along with amounts.


Same process as per above details.



Details of Stamp Duty paid, Select the option, if you want to paid through MCA portal then select YES and if already paid then select NO and provide the details of Stamp duty paid in respective box.

 



Point : 9 and 10 - Is optional.
 

Attachments : Include.....!!!

INC - 9
DIR - 2
MBP - 1 (If Applicable)
DIR - 8 
INC - 8 
(Other Documents like Pan Card of Directors, Address Proof, Identification Proof (If Required), Electricity Bill or NOC (If Applicable).
 

Now Provide Declaration by entering the Name of Director and Click on all the Checkbox

 


Provide details and Declaration by Certified Professional by Entering name along with Details of Institute and Membership Number and short address. And also attached the Digital Signature of Director as well as Professional.



 

Now lick on Check Form Button and if it is ok, Click on Prescrutiny button, if Prescrutiny done successfully and Submit the Form.



Your Process for Filing the Form INC-32 Completed.



INC-33


For Filing of INC-33 is as simple as we are preparing MOA of Company during Incorporation. Now you have to Select the Clause which is applicable to your Company by Single Click and no need to attache anything.


First enter the SRN of Form INC-1 by entering SRN Number and click on Prefill button details auto populated and Select the Table which is applicable to Your Company.



Enter the Main object of Company in Clause 3 (a) and simultaneously enter other objects Incidental to main object in Clause 3 (b).

 

Enter the Total Share Capital of the Company in Point No. - 5. Click on Point 6.



Enter the Subscriber Details along with Required details and attached the Digital Signature Certificate of Directors.


Note that, at least Two Details of Subscriber is mandatory.


Attached the Digital Signature Certificate Certified Professional and Click on Check Form Button.
 

 Your Form INC - 33 is Completed.


INC - 34


Same as Form INC - 33, the Form INC - 34 is easy and simple. 
 

Same here also Enter the SRN number of Form INC-1 and click on Prefill button, details auto populated in Form or Select the Table which is applicable to Your Company respective Article will be shown automatically. Now Click on Article which is applicable to your Company and move on. However if any Article is not applicable to your Company you select Not Applicable.

 










In Point Number 58, you have to enter the details of Director of your Company.








However any of Article is not Available in Form you can Select the Last box and enter the new Article which is not in the said Form. 



Now Same way enter details of Subscriber along with required details and attached the Digital Signature Certificate.  


Same way enter the details of Certified Professional and attached the DSC.


Again Note that, at least Two Details of Subscriber is mandatory. Click on Checkform Button and it is ok.







 




Your process for Filing the Form INC - 34 is Completed.


Your process for Incorporation of Company is hereby Completed now Upload the Form through MCA Portal and Register Your Company.



However if anyone have any query fell free to mail your query on meetesh.shiroya@gmail.com



Thanks & Regards,
CS Meetesh Shiroya































22 comments:

  1. What are the documents required additionally for a subscriber or first director (who is an Indian but residing in USA) in pursuance of SPICE form. What are the certifications are mandatory on the affidavit, INC-9 & 10. Is it ok with the Public Notary in USA???

    ReplyDelete
  2. Thanks for valuable information. Kindly confirm on requirement for foreign nationals being subscriber and first director. What documents are required and what attestation is mandatory. In case of affidavit, how stamp duty will be paid value of stamp duty and of which state?

    ReplyDelete
  3. In extant Form INC – 32, in Para “8. Particulars of payment of stamp duty”, in Sub-Para “(ii) Provide details of stamp duty already paid”, what to write under Columns “Form” and “Others”?

    ReplyDelete
  4. Hats Off dear Meetesh Shiroya, Good work and Thank you very much for sparing so much time for sharing.

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  5. NICE WORK, THANKS TO SHARE THIS INFORMATION..

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  9. Hello,

    I have a clarification. (affidavit is not required to be attached) in mentioned in recent SPICE form. Can you clarify the same.

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