TMI BlogCompanies (Authorised to Register) Second Amendment Rules, 2018X X X X Extracts X X X X X X X X Extracts X X X X ..... om 15th August 2018. 2. In the Companies (Authorised to Register) Rules, 2014 (hereinafter referred to as the said rules), in rule 2 , in sub-rule (1), after clause (g), the following clauses shall be inserted, namely:- (h) society means a society registered under the Societies Registration Act, 1860 (21 of 1860) and includes a society registered under or deemed to be registered under any other law for the time being in force; (i) trust means an irrevocable public charitable or religious trust registered under any law for the time being in force and represented by its trustees, in whom the trust property is vested, as members; (j) Registrar of Firms means the Registrar appointed under section 57 of the Indian Partners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, were partners of the Limited Liability Partnership or firm as the case may be; (ii) a list showing the particulars of persons proposed as the first directors of the company, alongwith Director Identification Number (DIN), passport number, if any, with expiry date, residential addresses and their interests in other firm or body corporate along with their consent to act as directors of the company; (iii) in case of a firm, deed of partnership, bye-laws or other instrument constituting or regulating the firm and in case the deed of partnership was revised at any time in the past, copies of the principal and all subsequent deeds including the latest deed, along with the certificate of the registration issued by the Registrar of Firms, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the latest deed, along with the certificate of the registration issued by the Registrar of Firms, in case the firm is registered; (iv) in the case of a company intended to be registered as a company limited by guarantee, a copy of the resolution declaring the amount of guarantee; (v) written consent or No Objection Certificate from all the secured creditors of the applicant; (vi) written consent from the majority of members whether present in person or by proxy at a general meeting agreeing for such registration; (vii) an undertaking that the proposed directors shall comply with the requirements of the Indian Stamp Act, 1899 (2 of 1899), as applicable; (viii) a copy of the latest income tax return of the Limited Liability Par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hibitions as mentioned in clause (b) and clause (c) of sub-section (1) of section 8 of the Act shall be complied. (d) In case of an application by a trust for registration as a company limited by guarantee under section 8- (i) a list showing the names, addresses and occupations of all persons, who on a day, not being more than six clear days before the day of seeking registration, were trustees of the trust with proof thereof; (ii) a list showing the particulars of persons proposed as the first directors of the company, alongwith DIN, passport number, if any, with expiry date, residential addresses and their interests in other firm or body corporate along with their consent to act as directors of the company; (iii) a certified c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereupon issue a certificate of incorporation in terms of sub-rule (4) of rule 4 on an application submitted under Chapter II of the Act for incorporation of a company: Provided further that a society which has not filed the annual or other returns, statutorily required to be filed with the Registrar of Societies, shall not be eligible to apply for registration under section 366 of the Act. (4) An undertaking from all the members or partners or trustees providing that in the event of registration as a company under Part I of Chapter XXI of the Act, necessary documents or papers shall be submitted to the registering or other authority with which the company was earlier registered, for its dissolution: Provided that no such undertakin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n clause (iii), after the words Registrar of Firms , at both the places, where they occur, the words, Registrar of Societies or Registrar of Trusts, as the case may be shall be inserted; (c) in clause (v), for the words Limited Liability Partnership or the firm , the words Limited Liability Partnership, firm, society or trust shall be substituted; (d) after clause (v), the following clauses shall be inserted, namely:- (vi) in case a society or trust intending to register as a company under section 366 of the Act is registered under section 12A of the Income Tax Act, 1961 (43 of 1961) for claiming exemption on its income, an intimation in this regard shall be sent to the Income- tax authorities and proof of its service shal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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