Rule 3: Rule 3

Rule 3: Rule 3 · Complied AI

(2)

A company after obtaining availability of name in terms of the provisions of section 4 of the Act, shall attach the required documents and information to the Registrar

along with in the following manner, namely:—

(a)

For registration as a company limited by shares :

(i)

A list showing the names, addresses, and occupations of all persons named therein as members with details of shares held by them respectively, showing separately shares allotted for consideration in cash and for consideration other than cash alongwith the source of consideration) and distinguishing, in cases where the shares are numbered, each share by its number, who on a day, not being more than six clear days before the day of seeking registration, were partners of the Limited Liability Partnership were partners of the Limited Liability Partnership or firm as the case may be;

(ii)

a list showing the particulars of persons proposed as the first directors of the company, their names, including surnames or family names, the DIN, passport number (if any) with expiry date, residential addresses and their interests in other firms or bodies corporate along with their consent to act as directors of the company;

(iii)

an affidavit from each of the persons proposed as the first directors, that he is not disqualified to be a director under sub-section (1) of section 164 and that 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 his knowledge and belief;

(iv)

a list containing the names and addresses of the Partners of the Limited Liability Partnership addresses of the partners of the Limited Liability Partnership or firm as the case may be;

(v)

in case of a firm, deeds of partnership, bye laws or other instrument constituting or regulating the company and duly verified in the manner provided in sub-rule (4) and in case the deed of partnership was revised at any time in the past, copies of the principal and all subsequent deeds including the latest deed, along with the certificate of the registration issued by Registrar of firms, in case the firm is registered

(v)

a copy of the Act of Parliament or other Indian law, deed of partnership, bye laws or other instrument constituting or regulating the company and duly verified in the manner provided in sub-rule (4)

(vi)

a statement specifying the following particulars:—

(i)

the nominal share capital of the company and the number of shares into which it is divided;

(ii)

the number of shares taken and the amount paid on each share;

(iii)

the name of the company, with the addition of the word “Limited” or “Private Limited” as the case may require, as the last word or words thereof;

(vii)

written consent or No Objection Certificate from all the secured creditors of the applicant;

(viii)

written consent from the majority of members whether present in person or by proxy at a general meeting agreeing for registration under this part.

(ix)

an undertaking that the proposed directors shall comply with the requirements of Indian Stamp Act, 1899 (2 of “1899);

(x)

a statement of assets and liabilities of the Limited Liability Partnership or the ftm, as the case may be, duly certified by a chartered accountant in practice which is made as on a date not earlier than thirty days of the filing of form no.URC-1;

(xi)

a copy of latest income tax return of the Limited Liability Partnership or firm as the case may be.

(b)

For registration as a company limited by guarantee or as an unlimited company:

(i)

a list showing the names, addresses and occupations of all persons, who on a day, not being more than six clear days before the day of seeking registration, were members of the company with proof of membership;

(ii)

(iii)

an affidavit from each of the first directors, that he is not disqualified to be a director under sub-section (1) of section 164 and that 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 his knowledge and belief;

(iv)

a list containing the names and addresses of the Partners of the Limited Liability Partnership addresses of the partners of the Limited Liability Partnership or firm as the case may be; ;

(v)

a copy of instrument constituting or regulating the company and duly verified in the manner provided in sub-rule (4) and in case the deed of partnership was revised at any time in the past, copies of principal and all the subsequent deeds including the latest deed, along with the certificate of the registration issued by Registrar of firms if any;

(v)

a copy of the Act of Parliament or other Indian law, bye-laws or other instrument constituting or regulating the company duly verified in the manner provided in rule (4)

(vi)

in the case of a company intended to be registered as a company limited by guarantee, a copy of the resolution declaring the amount guarantee.

(vii)

Written consent or No Objection Certificate from all the secured creditors of the applicant.

(viii)

Written consent from the majority of members whether present in person or by proxy at a general meeting agreeing for registration under this part.

(ix)

Notes, amendments & references (18)

Substituted vide the Companies (Authorised to Register) Second Amendment Rules, 2018 dated 5.07.2018 w.e.f., 15.08.2018. To view the Notification, Click Here

The Form has been revised vide MCA Notification dated 19.01.2023. To view the revised form, Click here .

To View the Form, Click Here

Substituted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

written consent from the majority of members whether present in person or by proxy at a general meeting, agreeing for such registration ; Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

an undertaking that the proposed directors shall comply with the requirements of Indian Stamp Act, 1899 (2 of 1899) as applicable ; Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

written consent from the majority of members whether present in person or by proxy at a general meeting agreeing for such registration ; Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

an undertaking that the proposed directors shall comply with the requirements of Indian Stamp Act, 1899 (2 of 1899) as applicable; Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

an undertaking that the proposed directors shall comply with the requiremnts of Indian Stamp Act,1899(2 of 1899) as applicable ; Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

details of the objects of the company alongwith a declaration from all the members that the restrictions and prohibitions as mentioned in clause (b) and clause (c) of sub-section (1) of section 8 of the Act shall be complied. Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

written consent from the majority of members whether present in person or by proxy at a general meeting agreeing for such registration, and the resolution shall also provide for declaration of the amount of guarantee ; Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

a copy of latest income tax return of the trust ; Omitted vide MCA Notification dated 19.01.2023 regarding the Companies (Authorised to Register) Amendment Rules, 2023. To view the Notification, Click here .

Substituted vide the Companies (Authorised to Register) Second Amendment Rules, 2018 dated 05.07.2018 w.e.f., 15.08.2018. To view the Notification, Click Here

The Central registration center shall exercise functional jurisdiction of processing and disposal of all e-forms and related matters pertaining to registration of companies, vide notification S.O.1211(E) dated 23 March, 2016. To view the notification, Click Here

To view return, Click Here

substituted vide notification dated 31st May, 2016.To view the notification, Click Here

substituted vide notification dated 31st May, 2016. To view the notification, Click Here