Integrated Incorporation Process of Companies
Can the applicant file separate application for allotment of DIN, reservation of name etc or he is required to apply under Integrated Incorporation Process of Companies ?
The facility to file integrated application for incorporation in Form INC-29 is available as an option to the process for separate applications for allotment of Director Identification Number, reservation of name and incorporation of a company as provided in these rules.(As per rule – 36(7), Companies (Incorporation) Rules, 2014)
What is the date of applicability of Integrated Incorporation Process of Companies ?
For the purpose of simplifying the filing of forms for incorporation of a company, the integrated process shall apply with effect from 01/05/2015. (As per rule – 36(1), Companies (Incorporation) Rules, 2014)
What is the form and requirements in case of Integrated Incorporation Process of Companies ?
The application for allotment of Director Identification Number up to three Directors, reservation of a name, incorporation of company and appointment of Directors of the proposed company shall be filed in Integrated Form No.INC-29, for One Person Company, private company, public company and Producer Company, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, along with the fee of rupees two thousand in addition to the registration fee as specified in Companies (Registration of Offices and Fees) Rules, 2014.(As per rule – 36(2), Companies (Incorporation) Rules, 2014)
How many Directors DIN can be allotted under Integrated Incorporation Process of Companies ?
For the purposes of filing Integrated Incorporation form, the particulars of maximum of three directors shall be allowed to be filled in INC-29 and allotment of Director Identification Number of maximum of three proposed directors shall be permitted in Form INC-29 in case of proposed directors not having approved Director Identification Number.(As per rule – 36(3), Companies (Incorporation) Rules, 2014)
How many names of the company can be proposed under Integrated Incorporation Process of Companies ?
The promoter or applicant of the proposed company shall propose only one name in e-form No.INC-29. (As per rule – 36(4), Companies (Incorporation) Rules, 2014)
What is for Form for Memorandum of Association and Articles of Association under Integrated Incorporation Process of Companies ?
The promoter or applicant of the proposed company may prepare Memorandum of Association as per templates in Form INC-30 and may opt for templates of Articles of Association in Form INC-31 in accordance with the provisions of rule 13 for preparation of Memorandum of Association and Article of Association.(As per rule – 36(5), Companies (Incorporation) Rules, 2014)
Who shall sign Memorandum of Association and Articles of Association under Integrated Incorporation Process of Companies ?
The promoter or the applicant shall sign and witness, the Memorandum of Association and Articles of Association in the forms downloaded from the portal of the Ministry of Corporate Affairs and scanned legibly and attach to e-form INC-29 in accordance with the provisions of rule 13 for preparation of Memorandum of Association and Articles of Association.(As per rule – 36(6), Companies (Incorporation) Rules, 2014)
If the application is filed under Integrated Incorporation Process of Companies , will the applicant is still required to separately apply for reservation of name ?
For an application filed using the integrated process of incorporation as provided in this rule, the provisions of section 4 (5)(i) of the Act (Reservation of name by registrar for 60 days) and rule 9 (application for reservation of name) of these rules shall not apply. (As per rule – 36(8), Companies (Incorporation) Rules, 2014)
How will the verification of registered office will be done under under Integrated Incorporation Process of Companies ?
As per rule – 36(9), Companies (Incorporation) Rules, 2014:-
A company may furnish verification of its registered office under section 12 (2) of the Act by filing e-Form INC-29 in which case the company shall attach along with such e-Form INC-29, any of the documents referred to in rule 25(2) as detailed below :-.
(a) the registered document of the title of the premises of the registered office in the name of the company; or
(b) the notarized copy of lease or rent agreement in the name of the company along with a copy of rent paid receipt not older than one month;
(c) the authorization from the owner or authorized occupant of the premises along with proof of ownership or occupancy authorization, to use the premises by the company as its registered office; and (d) the proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, as the case may be, which is not older than two months.
Who shall process the form filed under Integrated Incorporation Process of Companies ?
As per rule – 36(11), Companies (Incorporation) Rules, 2014
The Registrar within whose jurisdiction the registered office of the company is proposed to be situated shall process INC-29 including application for allotment of Director Identification Number.
What will happen in case of defective or incomplete form is filed under Integrated Incorporation Process of Companies ?
As per rule – 36(12), Companies (Incorporation) Rules, 2014
(a) Where the Registrar, on examining e-form INC-29, finds that it is necessary to call for further information or finds such application or document to be defective or incomplete in any respect, he shall give intimation to the applicant to remove the defects and re-submit the e-form within fifteen days from the date of such intimation given by the Registrar.
(b) After the resubmission of the document, if the Registrar still finds that the document is defective or incomplete in any respect, he shall give one more opportunity of fifteen days to remove such defects or deficiencies.
(c) In case, the Registrar is of the opinion that the document is defective or incomplete in any respect after giving such two opportunities, the e-form INC-29 of the proposed company shall be rejected.
How will the Certificate of Incorporation be issued under Integrated Incorporation Process of Companies ?
As per rule – 36(13), Companies (Incorporation) Rules, 2014 :-The Certificate of Incorporation shall be issued by the Registrar in Form No.INC-11.