[36 Integrated
Process for Incorporation.
(1)
For the purpose of simplifying the filing of forms for incorporation of a
company, the integrated process shall apply with effect from 01/05/2015.
(2)
For the purposes 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 company
shall be filed in Integrated Form No. INC-29, for One Person Company,
private company, public company and Producer Company, with
the Registrar within whose jurisdiction the registered office of the company
is proposed to be situated, along with the fee of rupees two thousand in
addition to the registration fee as specified in Companies (Registration of
Offices and Fees) Rules, 2014.
(3)
For the purposes of filing Integrated Incorporation form, the particulars of
maximum of three directors shall be allowed to be filled in INC-29 and
allotment of Director Identification Number of maximum of three proposed
directors shall be permitted in Form INC-29 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
e-form No. INC-29.
(5)
The promoter or applicant of the proposed company may prepare Memorandum of
Association as per templates in Form INC-30 and may opt for templates of
Articles of Association in Form INC-31 in accordance with the provisions of rule
13 for
preparation of Memorandum of Association and Article of Association.
(6)
The promoter or the applicant shall sign and witness, the Memorandum of
Association and Articles of Association in the forms downloaded from the portal
of the Ministry of Corporate Affairs and scanned legibly and attach to e-form
INC-29 in accordance with the provisions of rule
13 for
preparation of Memorandum of Association and Articles of Association.
(7)
The facility to file Integrated application for incorporation in Form INC-29 is
available as an option to the process for separate applications for allotment of
Director Identification Number, reservation of name and Incorporation of a
company as provided in these rules.
(8)
For an application filed using the Integrated process of incorporation as
provided in this rule, the provisions of sub-clause (i) of sub-section (5) of section
4 of
the Act and rule
9 of
these rules shall not apply.
(9)
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 e-Form INC-29 in which case the company shall attach along
with such e-Form INC-29, any of the documents referred to in sub-rule (2) of rule
25.
(10)
The requirement of filing e-form INC-28 may be dispensed with if, the proposed
company maintains its registered office at the given correspondence address.
(11)
The Registrar within whose jurisdiction the registered office of the company
isproposed to be situated shall process INC-29 including application for
allotment of Director Identification Number.
(12)
(a) Where the Registrar, on examining e-form INC-29, 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 resubmission of the document, if the registrar still finds that the
document is defective or incomplete in any respect, he shall give one more
opportunity of fifteen days to remove such defects or deficiencies.
²['(ba)
After the
resubmission of the documents and on completion of second opportunity, if the
registrar still finds that the documents are defective or incomplete, he shall
give third opportunity to remove such defects or deficiencies;
‘Provided
that the total period for re-submission of documents shall not exceed a total
period of thirty days.]
(c)
In case, the Registrar is of the opinion that the document is defective or
incomplete in any respect after giving such ³[three
opportunities], the
e-form INC-29 of the proposed company shall be rejected.
(13)
The Certificate of Incorporation shall be issued by the Registrar in Form No.
INC-11.]