Thursday, May 21, 2015

Company formation with filing of single form

MCA has introduced Integrated form INC-29 for filing of company formation related documents.Now No separate form to be file for Name approval, DIN, PAN & TAN. However all the information/documents to be filed along with Integrated form INC-29. Liability of Professional has been increased on certification of INC-29. Professional has to certify all the details, therefore documentation & due diligence of the subscriber as well as place of business will be required.

As per Integrated form INC-29, following points to be kept in mind before certifying

"I further certify that;
(i) the draft memorandum and articles of association have been drawn up in conformity with the provisions of
sections 4 and 5 and rules made thereunder; and
(ii) all the requirements of Companies Act, 2013 and the rules made thereunder relating to registration of the
company under section 7 of the Act and matters precedent or incidental thereto have been complied with.
The said records have been properly prepared, signed by the required officers of the Company and maintained
as per the relevant provisions of the Companies Act, 2013 and were found to be in order;
(iii) I have opened all the attachments to this form and have verified these to be as per requirements,complete
and legible;
(iv) I further declare that I have personally visited the proposed registered office given in the form at the address
mentioned herein above and verified that the said proposed registered office of the company is functioning
for the business purposes of the company (wherever applicable in respect of the proposed registered office
has been given).
(v) It is understood that I shall be liable for action under Section 448 of the Companies Act, 2013 for wrong
certification, if any found at any stage."