, PROCEDURE OF COMMENCEMENT OF BUSINESS ~ CS GAURAV SHARMA

April 8, 2015

PROCEDURE OF COMMENCEMENT OF BUSINESS


S.No.
Relevant Section and Rule
Provision
1.

A board resolution is to be passed for authorizing a director or competent person for signing FORM NO. INC-21
2.
Section 11 (1) (b) and Rule 25 of the Companies (Incorporation) Rules, 2014 
The company shall furnish FORM NO. INC-22 to the Registrar, verification of its registered office within a period of thirty days of its incorporation. 
As per Rule 25 of the Companies (Incorporation) Rules, 2014

(1) The verification of the registered office shall be filed in FORM NO. INC-22 along with the fee, and

(2) There shall be attached to said Form, any of the following documents, namely :-
Owned By Company – Registry Copy and Address Proof.
Owned by Director (Not taken on lease) – NOC from such director and address proof.
Taken on lease by Company – Rent/Lease Deed, NOC from landlord if purpose of use of place is not mentioned in lease deed and address proof.
Owned by any other entity/person - NOC for use of regd. office and address proof.
Address Proof: Latest Telephone Bill/Gas Bill/Electricity Bill/Mobile Bill – Not older than two months
Full address of the police station under whose jurisdiction the registered office is situated with PIN Code.
List of all the companies (specify their CIN No.) having the same registered office address, if any.
3.
Rule 16 (1) (q) of Companies (Incorporation) Rules, 2014
The specimen signature and latest photograph duly verified by the banker or notary shall be in Form No.INC.10. and the same shall be attached with FORM NO. INC-21.
4.
Section 11(1) & (3) and Rule 24 of the Companies (Incorporation) Rules, 2014 
A declaration is filed by a director with the Registrar within a period of One Hundred and eighty days of the date of incorporation in the FORM NO. INC-21 along with the fee as per the Companies (Registration Offices and Fees) Rules, 2014 and the contents of the FORM NO. INC-21shall be verified by a Practicing Company Secretary or Chartered Accountant or a Cost Accountant that:
i) every subscriber to the memorandum has paid the value of the shares agreed to be taken by him; and
(ii) the paid-up share capital of the company is not less than five lakh rupees in case of a public company and not less than one lakh rupees in case of a private company on the date of making of this declaration; and
(iii) the company has filed with the Registrar a verification of its registered office as provided in sub-section (2) of section 12;
Provided that in the case of a company requiring registration from sectoral regulators such as Reserve Bank of India, Securities and Exchange Board of India etc, the approval from such regulator shall be required, and the certificate of such registration shall be attached with the FORM NO. INC-21

On receipt of the declaration in the FORM NO. INC-21 and verification of the Registered Office in the FORM NO. INC-22 the Registrar of Companies shall then issue the requisite certificate of commencement of business.


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