valid as on 21/11/2024

2.1.38- Companies (Incorporation) Fourth Amendment Rules, 2016

 

(1) The application for incorporation of a company under this rule shall be in  along with e- Memorandum of Association (e-MOA) in and e-Articles of Association (e-AOA) in

Provided that in case of incorporation of a company falling under section 8 of the Act,   shall be filed along with (Memorandum of Association) and (Articles of Association) as attachments.

in case of incorporation of a company having more than seven subscribers or where any of the subscriber to the MOA/AOA is signing at a place outside India, MOA/AOA shall be filed with INC-32 (SPICe) in the respective formats as specified in Table A to J in Schedule I without filing form INC-33 and INC-34.

(2) For the purpose of sub-rule (1), the application for allotment of Director Identification Number upto three Directors, reservation of a name, incorporation of company and appointment of Directors of the proposed for One Person Company, private company, public company and a company falling under section 8 of the Act, shall be filed in , with the Registrar, within whose jurisdiction the registered office of the company is proposed to be situated along with the fee of rupees five hundred in addition to the registration fee as specified in the Companies (Registration of Offices and Fees) Rules,2014.

Provided that where an application has applied for reservation of a name under Rule 9 and which has been approved therein, he may fill the reserved name as proposed name of the company.

in case of companies incorporated, with effect from the 26th day of January, 2018, with a nominal capital of less than or  equal to rupees ten lakhs or in respect of companies not having a share capital whose number of members as stated in the articles of association does not exceed twenty, fee on  INC-32 (SPICe) shall not be applicable.

(3) For the purpose of filing SPICe Form, the particulars of maximum of three directors shall be allowed to be filled in , and allotment of Director Identification Number of maximum of three proposed directors shall be permitted in  in case of proposed directors not having approved Director Identification Number.

(4) The promoter or applicant of the proposed company shall propose only one name in .

(5) The promoter or applicant of the proposed company shall prepare Memorandum of Association (e-MOA) in and Articles of Association (e-AOA) in in accordance with rule 13

Provided that the subscribers and witness or witnesses shall affix their digital signatures to the e-MOA and e-AOA.

(6) For incorporation using application as provided in this rule, provisions of the sub-clause (i) of sub-section (5) of section 4 of the Act, rule 9, and clause (a) of sub-rule (1) of rule 16 to the extent of affixing recent photograph shall not apply.

(7) A company using the provisions of this rule may furnish verification of its registered office under sub-section (2) of section 12 of the Act by filing  in which case the company shall attach with such 

, any of the documents referred to in sub-rule (2) of rule 25

(8) shall not be required to be filed in case the proposed company maintains its registered office at the given correspondence address.

(9)(a) Where the Registrar, on examining  , finds that it is necessary to call for further information or finds such application or document to be defective or incomplete in any respect, he shall give intimation to the applicant to remove the defects and re-submit the e-form within fifteen days from  the date of such intimation given by the Registrar

(b) After the re-submission of the document, if the registrar still finds that the document is defective or incomplete in any respect, he shall give one or more opportunity of fifteen days to remove such defects or deficiencies.

Provided that the total period for re-submission of the documents shall not exceed thirty days.

(10) The Certificate of Incorporation of company shall be issued by the Registrar in

38. 

(1) The simplified integrated process for incorporation of a company in alongwith e-Memorandum of Association in  and Article of Association in .

(2) The provisions of sub-rule (2) to sub-rule (13) of rule 36 shall apply mutatis mutandis for incorporation under this rule.

Provided that for the purposes of references to Form numbers , INC- 30 and INC-31 in rule 36 with ,  and  shall be substituted respectively.

(Effective from 2nd October, 2016)

Application for registration of Goods and Service Tax Identification Number (GSTIN), Employee State Insurance Corporation (ESIC) registration and Employees’ Provident Fund Organisation (EPFO) Registration,

The application for incorporation of a company under rule 38 shall be accompanied by containing an application for registration of the following numbers, namely:-

(a) GSTIN with effect from 31st March, 2019

(b) EPFO with effect from 8th April, 2019

(c) ESIC with effect from 15th April, 2019

;

;

.

  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f. 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the Notification, Click Here
  4. To view the forms, Click Here
Substituted vide Companies (Incorporation) Fifth Amendment Rules, 2016. To view the notification,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the return,Click Here
  1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.
  2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.
  3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).
  4. To view the notification, Click Here and To view the return, Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the return,Click Here
1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.

2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.

3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).

To view the notificationClick Here and To view the return,Click Here

  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here To view the return, Click Here
  2. To view the return,Click Here
Inserted vide the Companies (Incorporation) Amendment Rules, 2018 dated 20.01.2018 to be effective from 26.01.2018. To view the Notification, Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted vide Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the return,Click Here
1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.

2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.

3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).

To view the notificationClick Here and To view the return,Click Here

 Inserted vide the Companies (Incorporation) Amendment Rules, 2018 dated 20.01.2018 to be effective from 26.01.2018. To view the Notification, Click Here
Substituted vide the Companies (Incorporation) Second Amendment Rules, 2019 dated 06.03.2019 w.e.f., 18.03.2019. To view the Notification, Click Here.
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the Notification, Click Here
  4. To view the forms, Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted vide Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the return,Click Here
1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.

2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.

3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).

To view the notificationClick Here and To view the return,Click Here

  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the Notification, Click Here
  4. To view the forms, Click Here
Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017. To view the notificationClick Here and To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted vide Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020.
  4. To view the return,Click Here

1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.

2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.

3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).

To view the notificationClick Here and To view the return,Click Here

  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted vide Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the return,Click Here
1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.

2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.

3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).

To view the notificationClick Here and To view the return,Click Here

  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the Notification, Click Here
  4. To view the forms, Click Here
1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.

2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.

3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).

To view the notificationClick Here and To view the return,Click Here

  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. To view the return,Click Here
  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  3. Substituted vide Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the return,Click Here
1. Form INC 32 (SPICe) substituted vide the Companies (Incorporation) Amendment Rules, 2017.

2. Further substituted vide the Companies (Incorporation) Amendment Rules, 2018 w.e.f., 26.01.2018.

3. Further substituted  with SPICe+(Simplified Proforma for Incorporating company Electronically Plus: INC-32) w.e.f. 15-02-2020).

To view the notificationClick Here and To view the return,Click Here

Form INC 11 substituted vide the Companies (Incorporation) Amendment Rules, 2017. To view the notificationClick Here and To view the return,Click Here
 inserted vide  The Companies (Incorporation) fourth Amendment Rules ,2016 To view the notification,Click Here
To view the return,Click Here
To view the return,Click Here
To view the return,Click Here
E-Form INC-29 (Integrated Incorporation Form) has been withdrawn by MCA. Use SPICe (Simplified Proforma for Incorporating Company electronically), INC-2 (One Person Company), or INC-7 (Incorporation of Company) e-Forms, as applicable
To view the return,Click Here
To view the return,Click Here
To view the return,Click Here
Inserted vide, the Companies (Incorporation) Third Amendment Rules, 2019 dated 29.03.2019. To view the Notification, Click Here.
1. The words -and Opening of Bank Account vide Companies (Incorporation) Fourth Amendment Rules, 2021 dated 07.06.2021. To view the notification, Click Here

2.  Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.

3. Inserted Vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the Notification, Click Here

  1. Substituted vide the Companies (Incorporation) Amendment Rules, 2023 dated 19.01.2023 w.e.f., 23.01.2023. To view the Notification, Click Here. To view the return, Click Here
  2. The the letters AGILE-PRO vide Companies (Incorporation) Fourth Amendment Rules, 2021 dated 07.06.2021. To view the notification, Click Here
  3. Substituted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.
  4. Substituted vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020. To view the Notification, Click Here To view the return,Click Here
To view the Return, Click Here.
1. Inserted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.

2. Inserted vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020.To view the Notification, Click Here

1. Inserted vide the Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f., 23.02.2020. To view the Notification, Click Here.

2. Inserted vide Companies (Incorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020.To view the Notification, Click Here

Substituted vide Companies (Incorporation) Fourth Amendment Rules, 2021 dated 07.06.2021. To view the notification, Click Here
Inserted vide Companies (Incorporation) Fourth Amendment Rules, 2021 dated 07.06.2021. To view the notification, Click Here
Inserted vide Companies (Incorporation) Fourth Amendment Rules, 2021 dated 07.06.2021. To view the notification, Click Here

Companies (Incorporation) Fifth Amendment Rules,2016 dated 29/12/2016

Companies (Incorporation) Fourth Amendment Rules, 2021 dated 07.06.2021

Companies (lncorporation) Amendment Rules, 2020 dated 06.02.2020 w.e.f. 15.02.2020

Companies(Incorporation) Fourth Amendment Rules, 2016 dated 01/10/2016

MCA Notification dated 19.01.2023 regarding Companies (Incorporation) Amendment Rules, 2023

The Companies (Incorporation) Amendment Rules, 2017 dated 25/01/2017

The Companies (Incorporation) Amendment Rules, 2018 dated 20.01.2018

The Companies (Incorporation) Amendment Rules, 2020 dated 18.02.2020 w.e.f. 23.02.2020

The Companies (Incorporation) Second Amendment Rules, 2019 dated 06.03.2019

The Companies (Incorporation) Third Amendment Rules, 2019 dated 29.03.2019

Form INC – 33- Substituted vide MCA Notification dated 19.01.2023

Form INC 11 (Effective from 30.01.2017)

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

Central Registration Centre

Certificate of Incorporation

[Pursuant to sub-section (2) of section 7 of the Companies Act, 2013 (18 of 2013) and rule 18 of the Companies (Incorporation) Rules, 2014]

I hereby certify that <name of the company> is incorporated on this (i.e. FIRST, SECOND etc) day of <Month of approval of the work item in words> two thousand <YEAR of approval of the work item in words> under the Companies Act, 2013 (18 of 2013) and that the company is <limited by shares/limited by guarantee/unlimited company>.

The Corporate Identity Number of the company is <CIN>

The Permanent Account Number (PAN) of the company is <PAN>*/@

Given under my hand at <Name of the city where the Registrar of Companies office is located> this < Date of approval of the work item in words (i.e FIRST, SECOND etc.)> day of <Month of approval of the work item in words> <YEAR of approval of the work item in words>.

Digital Signature Certificate

<Full name of the Authorising officer approving the work-item>

<Assistant Registrar of Companies/ Deputy Registrar of Companies/ Registrar of Companies>

For and on behalf of the Jurisdictional Registrar of Companies

Registrar of Companies

Central Registration Centre

Disclaimer: This certificate only evidences incorporation of the company on the basis of documents and declarations of the applicant(s). This certificate is neither a license nor permission to conduct business or solicit deposits or funds from public. Permission of sector regulator is necessary wherever required. Registration status and other details of the company can be verified on www.mca.gov.in

___________________________________________________________________________________________________________________________________________

Mailing Address as per record available in Registrar of Companies office:

< Name of the company >

< Address of the correspondence/registered office of the company >            Government Seal

*as issued by the Income tax Department.

@ This sentence along with the footnotes, would be indicated in the certificate only in cases where the PAN is allotted by the Income tax Department at the time of incorporation.

Inserted vide the Companies (Incorporation) Sixth Amendment Rules, 2019 dated 07.06.2019 w.e.f., 15.08.2019. To view the Notification, Click Here.

Form INC 32 (Effective from 30.01.2017)

Form INC 32- SPICE+ (Effective from 15.02.2020)

Form INC- 31 – Substituted vide MCA Notification dated 19.01.2023

Form INC-13 – Substituted vide MCA Notification dated 19.01.2023

Form INC-22 – Substituted vide MCA Notification dated 19.01.2023

Form INC-32 (SPICe) (effective from 26.01.2018)

Form INC-34 – Substituted vide MCA Notification dated 19.01.2023

Form INC-35 – AGILE-PRO-S – Substituted vide MCA Notification dated 19.01.2023

Form INC-35 AGILE-PRO (Effective from 15.02.2020 to 06.06.2021)

Form INC-35 AGILE-PRO-S (Effective from 07.06.2021)

Form No. INC 32

Form No. INC 33

Form No. INC 34

Form No. INC-13 Memorandum of Association

FORM NO. INC-35 (AGILE)

INC 31

INC-11 (w.e.f 01.01.2017)

SPICe+ (Form INC-32) – Substituted vide MCA Notification dated 19.01.2023

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