Rule 5 Other obligations of companies seeking registration
- Text as on
- G.S.R. 39(E) dated 19 January 2023
5. Other obligations of companies seeking registration.-For the purpose of clause (d) of section 374 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013),--
(i) where a firmDefined in rule 2(1)(g): a firm as defined in section 4 of the Indian Partnership Act, 1932., societyDefined in rule 2(1)(h): a society registered under the Societies Registration Act, 1860, including one registered or deemed registered under any other law in force. or trustDefined in rule 2(1)(i): an irrevocable public charitable or religious trust registered under any law in force and represented by its trustees, in whom the trust property is vested, as members. has obtained a certificate of registration under section 367 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), an intimation to this effect shall be given within fifteen days of such registration to the concerned Registrar of FirmsDefined in rule 2(j): Registrar of Firms means the Registrar appointed under section 57 of the Indian Partnership Act, 1932 (9 of 1932), Registrar of Societies or Registrar of TrustsDefined in rule 2(k): Registrar of Trusts includes a Charity Commissioner, an Inspector General of Registration or such other authority having the duty of registering trusts in a State.] (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 ..., as the case may be, under which it was originally registered, along with documents for its dissolution as a firmDefined in rule 2(1)(g): a firm as defined in section 4 of the Indian Partnership Act, 1932., societyDefined in rule 2(1)(h): a society registered under the Societies Registration Act, 1860, including one registered or deemed registered under any other law in force. or trustDefined in rule 2(1)(i): an irrevocable public charitable or religious trust registered under any law in force and represented by its trustees, in whom the trust property is vested, as members. as the case may be;
(ii) statement of accounts, prepared not later than fifteen days preceding the date of seeking registration and certified by the Auditor together with the Audited Financial Statements of the previous year, wherever applicable shall be attached with FormDefined in rule 2(d): Form or e form means the form in the schedule to these rules which shall be used for the matter to which it relates No. URC.1:
Provided that if the assets of the existing company during the immediately preceding three years are revalued for the purpose of vesting of its assets with the company to be incorporated under this ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), the surplus arising out of such revaluation shall not be deemed to have been credited to the capital account or current account of partners.
(iii) notice shall be given to the concerned Registrar of FirmsDefined in rule 2(j): Registrar of Firms means the Registrar appointed under section 57 of the Indian Partnership Act, 1932 (9 of 1932), Registrar of Societies or Registrar of TrustsDefined in rule 2(k): Registrar of Trusts includes a Charity Commissioner, an Inspector General of Registration or such other authority having the duty of registering trusts in a State.] (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 ..., as the case may be under which it was originally registered and shall require that objections, if any to be made by such concerned Registrar of FirmsDefined in rule 2(j): Registrar of Firms means the Registrar appointed under section 57 of the Indian Partnership Act, 1932 (9 of 1932), Registrar of Societies or Registrar of TrustsDefined in rule 2(k): Registrar of Trusts includes a Charity Commissioner, an Inspector General of Registration or such other authority having the duty of registering trusts in a State.] (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 ..., as the case may be to the Registrar, shall be made within a period of twenty-one days from the date of such notice, failing which it shall be presumed that they have no objection and the notice shall disclose the purpose and substance of matters in relation to objections;
(iv) in case of the registration of Limited Liability Partnership into a company under these rules, a declaration by the said Limited Liability Partnership that it has filed all documents which are required to be filed under the Liability Partnership ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) with the Registrar (LLP)Defined in rule 2(1)(f): the Registrar dealing with matters relating to Limited Liability Partnership. and the declaration shall be attached with FormDefined in rule 2(d): Form or e form means the form in the schedule to these rules which shall be used for the matter to which it relates No. URC.1;
(v) a statement of proceedings, if any, by or against the Limited Liability Partnership, firmDefined in rule 2(1)(g): a firm as defined in section 4 of the Indian Partnership Act, 1932., societyDefined in rule 2(1)(h): a society registered under the Societies Registration Act, 1860, including one registered or deemed registered under any other law in force. or trustDefined in rule 2(1)(i): an irrevocable public charitable or religious trust registered under any law in force and represented by its trustees, in whom the trust property is vested, as members. which are pending in any court or any other Authority shall be attached with FormDefined in rule 2(d): Form or e form means the form in the schedule to these rules which shall be used for the matter to which it relates No. URC.1.
(vi) in case a societyDefined in rule 2(1)(h): a society registered under the Societies Registration Act, 1860, including one registered or deemed registered under any other law in force. or trustDefined in rule 2(1)(i): an irrevocable public charitable or religious trust registered under any law in force and represented by its trustees, in whom the trust property is vested, as members. intending to register as a company under section 366 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) is registered under section 12A of the Income Tax ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), 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 shall be attached with FormDefined in rule 2(d): Form or e form means the form in the schedule to these rules which shall be used for the matter to which it relates No. URC.1;
(vii) upon registration of a societyDefined in rule 2(1)(h): a society registered under the Societies Registration Act, 1860, including one registered or deemed registered under any other law in force. or trustDefined in rule 2(1)(i): an irrevocable public charitable or religious trust registered under any law in force and represented by its trustees, in whom the trust property is vested, as members. as a company under the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), no application for conversion into a company of any other kind, except conversion from a private company to a public company or vice-versa, shall be made till the expiry of a period of ten years from the date of incorporation under the Act.
(viii) no application for registration as a company under the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) shall be made by a trustDefined in rule 2(1)(i): an irrevocable public charitable or religious trust registered under any law in force and represented by its trustees, in whom the trust property is vested, as members. during the pendency of any proceedings under section 92 of the Code of Civil Procedure (5 of 1908).
1. Subs. by G.S.R. 563(E), dated 31st May, 2016 and further by the Companies (Authorised to Register) Second Amendment Rules, 2018, dated 5th July, 2018, w.e.f. 15th August, 2018. As first notified this clause dealt with a Limited Liability Partnership and intimation to the concerned Registrar (LLP)Defined in rule 2(1)(f): the Registrar dealing with matters relating to Limited Liability Partnership..
2. Subs. and ins. by G.S.R. 563(E), dated 31st May, 2016 and by the Companies (Authorised to Register) Second Amendment Rules, 2018, dated 5th July, 2018, w.e.f. 15th August, 2018, for "Registrar (LLP)Defined in rule 2(1)(f): the Registrar dealing with matters relating to Limited Liability Partnership." and "Registrar of Companies (LLP)".
3. Subs. by G.S.R. 563(E), dated 31st May, 2016 and further by the Companies (Authorised to Register) Second Amendment Rules, 2018, dated 5th July, 2018, w.e.f. 15th August, 2018, for "Limited Liability Partnership".
4. Ins. by the Companies (Authorised to Register) Second Amendment Rules, 2018, dated 5th July, 2018, w.e.f. 15th August, 2018.