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    Showing posts with label Companies Act 2013. Show all posts
    Showing posts with label Companies Act 2013. Show all posts

    Monday, 5 March 2018

    Authorisation Letter for Form DIR-11


    This Authorisation Letter is required to be signed by a Foreign Director who has given resignation to the Company and wants to authorise someone else to file Form DIR-11 on his behalf.

    Pursuant to Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014, when a Director resigns from his office, he shall file Form DIR-11 within 30 days from the date of resignation. However, Director needs to use his Digital Signature to file this form. This rule further provides that, foreign director can authorise practicing professional and other resident Director to file Form DIR-11 on his behalf.


    In case if you want any help with respect to resignation of Director, you can Contact us.

    Confirmation Letter about Director's resignation


    The Confirmation Letter is issued by a Company to the Director, who has given a resignation from the office of a Director, acknowledging the receipt of Director's resignation and confirming the date of resignation. This letter can be attached in Form DIR-12 as "proof of cessation".


    In  case if you want any help with respect to resignation of Director, you can Contact us. 

    Friday, 2 March 2018

    Form DIR-8 - Intimation about Disqualification


    Pursuant to Section 164(2) of Companies Act, 2013 read with Rule 14 of Companies (Appointment and Qualification of Directors) Rules, 2014, Every Director shall inform to the Company concerned about his disqualification under sub-section (2) of Section 164, if any, in Form DIR - 8 before he is appointed or re-appointed. 

    In  case if you want any help with respect to disqualification of Director, you can Contact us. 

    Intimation Letter to Auditor

    Intimation Letter to Auditor is required to be sent by Company to an Auditor informing / intimating them about their appointment by the Company as Statutory Auditor under Section 139 of Companies Act, 2013. This Intimation letter shall be send to Auditor by Company within 15 days from the date of Appointment. 

    In  case if you want any help with respect to appointment of Auditor, you can Contact us. 

    Tuesday, 30 January 2018

    Form DIR-2 - Consent from Director

    Form DIR-2 is required to be furnished by a proposed Director pursuant to Section 152(5) and Rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014 at the time of following events.
    1. Incorporation of Companies - to be submitted alongwith Incorporation application (Click here to prepare incorporation documents online for free)
    2. Appointment of Director - to be given by a person before a Company proposes him/her to be appointed as Director by filing Form DIR-12.

    In case if you want any help with respect to Consent from Director, you can Contact us.

    Thursday, 18 January 2018

    Form MBP 1 - Notice of Interest

    Form MBP - 1 is required to be signed by Director pursuant to Section 184(1) of Companies Act, 2013 and Rule 9(1) of corresponding rules. Form MBP-1 is a notice by Director about his interest in other entities. 


    In case if you want any help with respect to Directors, you can Contact us.

    Letter of Appoinment as a Director

    Letter of Appointment is an intimation letter from a Company to a Director informing him about his appointment. Whenever a Director is appointed in the Company, Company is required to file a Form with Registrar of Companies on MCA website. It is required to be submitted alongwith this Form.

    In case if you want any help with respect to appointment of Director, you can Contact us.

    Form STK-3_Indemnity Bond

    Form STK-3 is a form of Indemnity Bond which is required to be given at the time of striking off of the Company. This indemnity body should be duly stamped and should be notarised before submitted with ROC.


    In case if you want any help with respect to striking off of a Company, you can Contact us.

    Wednesday, 17 January 2018

    Declaration of Deposits

    Declaration for non-acceptance of Deposit is required to be submitted alongwith Company Incorporation Application which is required to be signed by each subscriber to Memorandum of Association and each proposed Director. (Click here for preparing Incorporation documents online for free)


    In case if you want any help with respect to Declaration or Incorporation of Company, you can Contact us.

    Consent from Auditor for Appointment

    Pursuant to Section 139(1) of the Companies Act, 2013, the Company is required to appoint an Auditor to audit its accounts. However, before making such appointment, Company is required to obtain written consent and a Certificate from him or it that the appointment, if made, shall be in accordance with provisions of the Companies Act, 2013. Below is the format which can be used for the purpose.


    In case if you want any help with respect to appointment of Auditor, you can Contact us.

    Form SH-1 - Share Certificate

    Form SH-1 is an format of Share Certificate which is a document issued by Company evidencing that the person named in the certificate is owner of number shares of Company as specified in the Certificate. 

    Time Period for issue of Share Certificate

    1. In case of Incorporation, it should be delivered within 2 months from the date of incorporation to the Subscribers to Memorandum.
    2. In case of Allotment, it should be delivered within 2 months from the date of allotment of shares.
    3. In case of Transfer, it should be delivered within 1 month from the date of receipt of instrument of transfer by Company.

    In case if you want any help with issue of Share Certificates, you can Contact Us.

    Tuesday, 16 January 2018

    Form STK-4 - Affidavit

    Form STK-4 is a format of an Affidavit to be executed and signed by Director / Promoter while filing application for striking off of the Company under Section 248 of Companies Act, 2013. This form needs to be stamped and notarised.

    This format is prescribed pursuant to sub-section (2) of Section 248 read with clause (iii) of sub-rule (3) of Rule 4 of Companies (Incorporation) Rules, 2014.



    In case if you want any help with respect to such Affidavit or Striking off of a Company, you can Contact us. 

    Friday, 6 October 2017

    Form SH-4 - Share Transfer Form

    Form SH-4 is an instrument of transfer which is useful when a person wants to transfer its Physical Shares held in a Company to another person. This form is prescribed pursuant to Section 56 of Companies Act, 2013 read with Rule Rule 11 of Companies (Share Capital & Debentures) Rules 2014.

    Click here to prepare Form SH-4 online for free



    In case if you want any help with respect to transfer of shares, you can Contact us.

    Wednesday, 30 August 2017

    Form STK-3 - Indemnity Bond

    Form STK-3 is a form of Indemnity Bond which is required to be given at the time of striking off of the Company. This indemnity body should be duly stamped and should be notarised before submitted with ROC.
    Form STK-3
    INDEMNITY BOND
    (to be given individually or collectively by every director)
    [Pursuant to clause (i) of sub-rule (3) of rule 4 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016]

    To
    The Registrar of Companies,
    100, Everest, Marine Lines,
    Mumbai – 400002

    1. I/We, the Director(s) of ……………………… (mention name of the Company), incorporated on……………………under the Companies Act, 2013 or Companies Act, 1956 having its registered office at…………………… do hereby declare that:

    1. I/We ……………………….S/o/D/o/W/o Shri……………..am/are Director(s) of this Company.

    1. That I/We have made an affidavit confirming that the company does not have any assets and liabilities as on date.

    1. Further, the Company has been inoperative from the date of its incorporation/The Company commenced business/operations/commercial activity after incorporation but has been inoperative for the past ………………..year(s) (strike out whichever is not applicable). Thus the Company is defunct and I request the Registrar of Companies,……………… to strike off the name of the Company from the register of companies under Section 248 of the Companies Act, 2013.   

    1. I/We do hereby undertake to indemnify:
    1. the claimants for all lawful claims against the company arising in future after the striking off the name of the Company

    1. any person for any losses that may arise pursuant to striking off the name of the Company.

    1. the claimants for all lawful claims and liabilities, which have not come to our notice up to this stage, and if any claim arises or observed even after the name of the Company has been struck off in terms of Section 248 of the Companies Act, 2013


    Place: ………………
    Date: ………………

    1.
    Name: ________
    Father’s name: _____________
    Address: _______________, Signature:
       _________________,
       _______
       Mumbai - _____.
    Occupation:    Business


    2.
    Name: _________
    Father’s name: _______________
    Address: ____________, Signature:
       _____________,
       ____________
          Mumbai – _______
    Occupation:

    WITNESSES:

    1. Signature:

    Name:
    Father’s name:
    Address:

    Occupation:

    2.
    Signature:
    Name:
    Father’s name:
    Address:


    Occupation:


    Click here to download this file

    Tuesday, 29 August 2017

    Form INC-9 - Affidavit

    Form INC-9 is an affidavit required to be submitted by a proposed subscriber to MOA and first Director at the time of Incorporation of Companies. Applicable stamp duty is also required to be paid on this document. This document should also be attested in front of notary public.
    Form No. INC-9
    Affidavit
    [Pursuant to section 7(1)(c) of the Companies Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014]


    Name of the proposed company: ______________ Limited

    I ______________, being the subscriber to the memorandum and named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that:

    • I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and

    • I have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years; and

    • All the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of my knowledge and belief.






    Date:
    Place:

    _____________________________

    Signature


    Click here to download this file

    Splitting of Share Certificates - Request Letter

    This letter is required to be submitted when a shareholder wants to split his/her/its existing share certificate.
    Date: ________

    To,
    The Board of Directors,
    _____________ Private Limited,
    ________________________
    ________________________
    ________________________
    ________________________

    Sirs,

    Sub: - Splitting of Share Certificates


    I, _____________________, Member Folio No _________,  request you to split the following  share certificate bearing share certificate No. ______, comprising of ___________ Equity Shares of Rs. ___ each, the details of which is mentioned hereunder into _______ Share Certificates of  _________ and _____ equity share(s) respectively.


    Sl.No
    Name
    Folio No
    Share Cert No
    No of Shares
    Distinctive Nos
    From
    To
    1








    Please find herewith, the Share Certificate surrendered for splitting. Please do the needful.


    Thanking you
    Yours faithfully


    _______________


    Click here to download this file

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