Legal Documentation and Declarations for Registering a Company in India

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Legal Documentation and Declarations for Registering a Company in India

For filing a company registration application with India,  the applicant must file the application with the Registrar. It is under his jurisdiction where the registered office of the proposed Company must be situated. This article discusses some of the documents and details requirements for company registration in India.

The applicant company must get the Memorandum as well as the articles of association of the proposed Company duly signed by all the subscribers in the prescribed manner.

Filing Declaration by Entities involved in Company Registration

The applicant must also file a declaration in the prescribed form that any of the following legal entities are engaged in the company formation:

• Advocate
• Chartered Accountant
• Cost Accountant
• Company Secretary in practice

It must also file the declarations by the entity named in the Articles of Association by the following company personnel that all the Act's requirements in respect of Registration have been complied with:

• Appointed Directors
• Department Manager
• Company Secretary

Filing Affidavit from the Subscribers for Company Registration

The applicant must also file an affidavit from the subscribers to the Memorandum and first directors. The Subscriber must not be convicted of any offence concerning any company's promotion, formation or management. Also, he has not been found guilty of fraud or breach of duty to any registered company under the Companies Act during the preceding five years. Furthermore, all the documents filed with the Registrar for Company Registration must contain correct, complete, and true information to the best of the applicant's knowledge and belief.

(d) the address for correspondence till its registered office is established;

Details Submission of the MoA Subscribers of the proposed Company

The applicant company must also submit the following details of every Subscriber to the Memorandum of Association:

• Particulars of the Subscriber's name, such as surname and family name
• Residential Address
• Nationality
• Proof of Identity, as prescribed
• If the Subscriber is a corporate body, then the relevant particulars must be submitted

Details Submission of the First Director of the proposed Company

The applicant company must submit the following particulars of every person mentioned in the Articles of Association as the first director of the proposed Company:

• Registered Names, both surnames and family names
• Director Identification Number
• Residential Address
• Nationality
• Proof of Identity as prescribed by the MCA

The applicant company must submit the following particulars of the interests of the persons mentioned in the Articles of Association as the First Directors of the proposed Company in other corporate bodies. It must be supported with their consent to act as directors of the Company in the manner prescribed by the MCA.

Registrar Issue of Incorporation Certificate to the applicant body

The Company Registrar can, based on documents filed with them, register all the documents in its register and issue a certificate of incorporation in the prescribed format to ensure the incorporation of the proposed Company under the Companies Act.

As per the date mentioned in the Certificate of Company Incorporation, the Registrar will allot a Corporate Identity Number (CIN) to the newly formed Company. This CIN ensures a distinct identity for the Company, which will be included in the certificate.

Also, the new incorporation has to maintain copies of all documents and information originals at its registered office till its dissolution.

Submission of False Information to the Registrar for Company Registration

Suppose a person furnishes any false particulars of any information or suppresses any information he is aware of in the documents filed with the Registrar for Company Registration, then he will be liable for the necessary disciplinary actions under section 447.

Suppose after the Company's incorporation, the Registrar finds out that the Company has been incorporated by furnishing false information.  Or the applicant is suppressing any material fact in the filed declaration. In that case, the promoters, first directors and the persons making such declarations will be liable for legal action under section 447.

Tribunal's Action for Incorrect Information submission to the Registrar

Furthermore, to deal with the submission of the incorrect details, the Tribunal will, on an application made to it, issue warrants against the perpetrators. The Tribunal may take any of the following disciplinary action:

• Pass an order for regulation of the company management. It includes changes in its Memorandum and Articles of Association. Such changes are in the general public or Company's interest, keeping in mind its members and creditors
• Direct the member's liability to be unlimited towards the Company
• Direct removal of the Company's name from the Register of Companies
• Pass an order to wind up the accused Company
• Pass an order as it deems fit

But the Tribunal is expected to be reasonable to the Company by allowing them the following:

(i) Give Company a reasonable opportunity of being heard on the matter

(ii) Consider the transactions entered into by the Company, such as the obligations contracted or payment of the liability

To know further about the submission of the relevant documents for Company Incorporation in India, connect with the Incorporation experts at Registrationwala. Also, if you want to or know someone else who wants to set up a Company offshore, such as in Dubai, Canada, Germany, the US, or more, you can connect with our Incorporation Experts. Registrationwala is known for providing the best services for Company Registration in Dubai, exclusively for the Free Zone region.

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