Companies (Authorized to Registered) Rules, 2014: to be read with sec 366 of companies act

#companiesact #registeredcompanies #companyregistration #society #company #partnership #cooperativesociety

---

The Companies (Authorized to Registered) Rules, 2014 should also be read in conjunction with this section as they provide additional procedural guidelines that every company must abide by and follow in order to register under Section 366 of the 2013 Companies Act. The steps that must be taken in order to register a company, the forms that must be filled out, and the documents that must be delivered to the registrar are outlined.

Section 366 in brief explains that any partnership firm, limited liability partnership (LLP), cooperative society, society, or other business entity created in accordance with any other currently in effect legal provision that submits an application for registration under this Part.

According to Rules:

According to Rule 3(1), the provisions of Chapter II relating to a company's incorporation will apply mutatis mutandis for registration under this part, and there must be two or more members in order to register a company under said section part.

Rule 3(2) also mandates the following documents for registration of a company as company limited by guarantee or as an unlisted company:

1. a list containing names, and particulars of all persons who are members of the company with proof of membership

2. a list containing the particulars of persons proposed as the first directors of the company

3. an affidavit from each of the first directors, that he is not disqualified to be a director and that all the documents filed with the registrar for registration of the company contain information that is correct, complete and true to the best of his knowledge and belief

4. a list of the names and addresses of the partners of the limited liability partnership

5. a copy of the act of parliament or other Indian law, regulating the company

6. 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

7. written consent or no objection certificate from all the secured creditors of the applicant

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

All necessary documents must be submitted for a company to be dissolved as a limited liability partnership. Rule 3(3) provides that an affidavit, from all the members/ partners stating providing for registration as a company, must be filed with the Registrar of Companies (ROC).

Rule 3(4) provides that a list of members, directors and any other particulars relating to the company have to be verified by the declaration of any two or more proposed directors, or two or more designated partners of the limited liability partnership.

The Form No. URC 1, with the registrar for a company limited by shares, gives the following list of documents and information that need to be filled in:

1. A list showing the names and holdings of shares of members of a society, who on a given day were partners in a limited liability partnership.

2. Details of the directors proposed as first directors of the company, their names, DIN, passport number with expiry date, residential addresses etc., along with their consent to act as directors. The list is published in the Official Outline of Persons Proposing to be Directors of the Company.

3. declaration on an affidavit by the first director of the company.

4. a list of names and addresses of the partners of the limited liability partnership

5. a copy of the act of parliament or other instrument constituting or regulating the company

6. a statement specifying: the nominal share capital of the company; the number of shares into which it is divided; the number of shares taken; the amount paid on each share; the name of the company, with the addition of the word "limited" or "Private Limited".

7. written consent or no objection certificate from all the secured creditors.

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