Thursday, January 22, 2015

Declaration Required from Director Under Companies Act 2013

New provision applicable for any Company registration in Delhi Gurgaon Noida Ghaziabad Uttar Pradesh Bihar Patna Ranchi or all over India under Companies Act 2013 with respect to the incorporation of the Companies:

  1. For any new company registration under companies act 2013 at the time of incorporation an affidavit from every subscribers to the MOA and who named as First Directors in the Articles of Association in Form No INC-9 and shall be submitted that proposed first director is not convicted of any offence in connection with the promotion, management or formation of any Company previously or that he has 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 5 years 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. 
  2. In case of incorporation of Company, an address for correspondence until registered office is established shall also be provided.
  3. Documents filed for incorporation shall be maintained at the Registered Office till dissolution.
  4. Any person who deliberately furnishes any false or incorrect particulars of any information or suppresses any material information in any document filed at the time of registration of a company will now be responsible for fraud under Section 447 and will be subject to stringent punishment.
  5. In case company is found at any time after the incorporation, it has been proven that Company has been registered by furnishing any false or representation or by suppressing any material fact or incorrect information or information in any of the document or declaration filed or made for incorporating such company, or by any fraudulent action, the Promoters, the person named as the First Directors of the Company and the person making declaration under clause (b) of sub-section (1) shall each be liable for action under Section 447 and will be subject to stringent punishment.
  6. The application for incorporation of the Company shall be filed in Form No. INC-7 for company Other than One Person Company and for OPC in From INC-2 along with the fee as provided. 
  7. At the time of witnessing the signatures of proposed first director or subscribers to the Memorandum of Association, the witness shall also certify that he has verified the ID proof i.e. Voter Id or Driving License or Passport or Aadhaar etc. of the subscribers for his/her identification and has also satisfied himself about their particulars. 
  8. The rules also provides the manner of signing of memorandum in a case subscriber is illiterate, a body corporate or foreign the ID of the subscriber to the memorandum is Foreign national and visited India for purpose of incorporating a company, then no notarization  or apostlisation is required provided he has a valid business License
  9. The declaration by an advocate, a chartered account, cost accountant or company secretary in practice shall be in Form No INC-8.

Following important information need to provide in respect of the subscribers:

  • Photography
  • PAN
  • Education qualification
  • Proof of identity and residence
  • Specimen signature of director duly verified by their respective banker or notary at the time of incorporation
  • Proof of nationality i.e. country of origin in case the subscriber is a foreign national
  • Similar information as aforesaid for person signing on behalf of body corporate
  • Certificate of incorporation along with the address proof as applicable in that country in case of  foreign bodies corporate

Particulars of first directors of first directors along with their consent and details of his interest in other firms and bodies corporate shall be field in Form no DIR-12.

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