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Union of India - Section

Section 5 in The Companies (Authorised to Registered) Rules, 2014

5. Other obligations of companies seeking registration.

- For the purpose of clause (d) of section 374 of the Act,-
(i)[ where a firm, society or trust has obtained a certificate of registration under section 367 of the Act, an intimation to this effect shall be given within fifteen days of such registration to the concerned Registrar of Firms, Registrar of Societies or Registrar of Trusts, as the case may be, under which it was originally registered, along with documents for its dissolution as a firm, society or trust as the case may be;] [Substituted by Notification No. G.S.R. 613(E), dated 5.7.2018 (w.e.f. 31.3.2014).]
(ii)statement of accounts, prepared not later than fifteen days preceding the date of seeking registration and certified by the Auditor together with the Audited Financial Statements of the previous year, wherever applicable shall be attached with Form No.URC. 1:
Provided that if the assets of the existing company during the immediately preceding three years are revalued for the purpose of vesting of its assets with the company to be incorporated under this Act, the surplus arising out of such revaluation shall not be deemed to have been credited to the capital account or current account of partners.
(iii)notice shall be given to the [Registrar of firms] [Substituted 'concerned Registrar (LLP)' by Notification No. G.S.R. 563 (E), dated 31.5.2016 (w.e.f. 31.3.2014).] [Registrar of Societies or Registrar of Trusts, as the case may be] [Inserted by Notification No. G.S.R. 613(E), dated 5.7.2018 (w.e.f. 31.3.2014).] under which it was originally registered and shall require that objections, if any to be made by such concerned [Registrar of firms] [Substituted 'Registrar of Companies (LLP)' by Notification No. G.S.R. 563 (E), dated 31.5.2016 (w.e.f. 31.3.2014).] [Registrar of Societies or Registrar of Trusts, as the case may be] [Inserted by Notification No. G.S.R. 613(E), dated 5.7.2018 (w.e.f. 31.3.2014).] to the Registrar, shall be made within a period of twenty-one days from the date of such notice, failing which it shall be presumed that they have no objection and the notice shall disclose the purpose and substance of matters in relation to objections;
(iv)in case of the registration of Limited Liability Partnership into a company under these rules, a declaration by the said Limited Liability Partnership that it has filed all documents which are required to be filed under the Liability Partnership Act with the Registrar (LLP) and the declaration shall be attached with Form No. URC. 1;
(v)[a statement of proceedings, if any, by or against the [Limited Liability Partnership, firm,
society or trust] [Substituted by Notification No. G.S.R. 563 (E), dated 31.5.2016 (w.e.f. 31.3.2014).] as the case may be] which are pending in any court or any other Authority shall be attached with Form No. URC. 1.
(vi)[ in case a society or trust intending to register as a company under section 366 of the Act is registered under section 12A of the Income Tax Act, 1961 (43 of 1961) for claiming exemption on its income, an intimation in this regard shall be sent to the Income- tax authorities and proof of its service shall be attached with Form No. URC. 1;. [Inserted by Notification No. G.S.R. 613(E), dated 5.7.2018 (w.e.f. 31.3.2014).]
(vii)upon registration of a society or trust as a company under the Act, no application for conversion into a company of any other kind, except conversion from a private company to a public company or vice-versa, shall be made till the expiry of a period of ten years from the date of incorporation under the Act.
(viii)no application for registration as a company under the Act shall be made by a trust during the pendency of any proceedings under section 92 of the Code of Civil Procedure (5 of 1908).]
[[Form NO. URC-1] [Substituted by Notification No. G.S.R. 173(E), dated 16.2.2018]   Application by a company for registrationunder section 366
[Pursuant to rule 3(2) of the Companies Rules,2014 read with section 366 of the CompaniesAct, 2013]
Form language   English   Hindi
Refer the instruction kit for filing the form
1. (a) SRN of RUN {|
 
||-|| (b) *Type of company|
 
|-| 2.| (a) * Type of existing entity|
 
|-|| (b) * LLPIN//Registration Number|
 
||-|| (c) * Name of the existing entity|
 
|-|| (d) * Address of the existing entity|
 
||-|| (e) * Email Id of the existing entity|
 
||-|| (f) * Number of member in the existing entity as on the date of application|
 
|-|| (g) Name of the proposed company|
 
|}
3. (a) Category of the proposed company  
  (b) * Whether liability of the members of the company islimited by any Act of Parliament
  Other than Companies Act   Yes No  
4. (a) * Date of instrument constituting the existing entity {|
 
| (DD/MM/YYYY)|-|| (b) * Description of the instrument|-|| {||-||}|}
5. (a) Number of shares taken up to date
Equity {|
 
|-| Preference| {||-||}|-| (b) Amount paid on each share|-| Equity| {||-||}|-| Preference| {||-||}|-| 6.| (a) Date of passing resolution for declaring the amount ofguarantee| {||-||}|-| (b) Particulars of guarantee taken up each member|-| {||-||}|}
7. * Date of general meeting passing the resolution assenting toregistration with limited liability {|
 
| (DD/MM/YYYY)|-| 8.| * Particulars of passing special resolution andthe place of general meeting|-| {||-||}|-| 9.| * Total amount of the property (whether movableor immovable including claims)| {||-||}|}
10. * Whether any suit or legal proceedings taken by, orpending against the entity, or any
  public officer or member thereof   Yes No  
  If Yes, give brief details
  {|
 
|}
11. (i) * Whether entity has any secured debt outstanding as onthe date of application YesNo
  (ii) * Mention the total outstanding amount {|
 
||}
Attachments List of attachments
1. * Particulars of members/ partners along with the details ofshares held by them:   {|
 
|-| 2.| * Declaration of two or more directors verifying theparticulars of all members/ partners ;||-| 3.| * Affidavit from all the members/ partners for dissolution ofthe entity ;||-| 4.| * Copy of the instrument constituting or regulating theentity;||-| 5.| * Copy of certificate of registration of the entity; if any;||-| 6.| * Copy of Newspaper advertisement;||-| 7.| * Certificate from a CA/CS/CWA certifying the compliance withall the provisions of Stamp Act, to the extent applicable||-| 8.| Consent of majority of members;||-| 9.| Consent of at least three-fourth of members agreeing forregistration under this part ;||-| 10.| No objection certificate from the concerned Registrar of Firmsor Registrar of Companies (LLP) ;||-| 11.| No objection certificate/ Consent given by secured creditors ;||-| 12.| Statement of accounts of the existing entity, prepared not later than