Registration Related
Registration under Companies Act
Registration under Section 25 of Companies Act, 1956: As mentioned in the registration process, an organisation can register under the Society Registration Act, or Companies Act or as a Trust. To Register under Companies Act the following documents needed. a) You need to apply in a prescribed Form – in this case it is Form 1A – alongwith the requisite fee. b) You need to suggest some names for your organization on priority basis. This is because if you give one name, that name may have been allocated to any other organization hence there may be duplication. c) The Registrar of Companies will let you know the availability of your preferred organisation’s name. d) If the name is approved, then you need to apply alongwith Memorandum and Articles of Association to the Regional Director’s of Companies Act – you need to apply to the RD who is responsible for registering organizations of your area. e) It is always advisable to send documents by registered post with A.D. f) The Regional director will get back to you after looking at your application and other documents an may recommend or ask for more information or reject. g) Once your organization receive approval from Regional Director for starting an organization with a specified name, you need to apply for registration to the Regional Officer of Companies alongwith Bye-laws, Memorandum of Association. h) You also need to make fee payment as per rules for getting your organization registered. Other documents that needs to be attached are: a) A copy of allocation of name received fom the Regional Director b) A draft copy of Memorandum of Association c) Details of Executive Committee members and address d) A copy of resolution signed by all the Board members to apply for registration e) Names and addresses of the Board of Directors and their profession f) A declaration copy signed by a Company Secretary or a Chartered Accountant on non-judicial court paper. g) Audited statements and annual reports for the last two years h) A declaration copy signed by all the Board members about the registration After applying for registration, you need to publish the same in a local news paper. This should be done with a week of applying for registration. Registration/Rejection: After applying the above with the Regional Director of Companies of your area, your application will be scrutinized and if everything is in line with the Companies Act requirement, then your organization may get the registration or the RD may ask for further information or clarifications from you or from the Registrar of Companies, before granting registration. If your application doesn’t meet the criteria your application may be rejected. What all documents you need to send to the Registrar of Companies: a) A copy of approval/licence as a company from the Regional Director of Companies b) Fee amount as per the rules c) Memorandum & Articles of Association d) Also you need to fill in and attach Form-1; Form -18; and Form-32 What all you need to follow once your organization is registered under Companies Act, 1956: a) Ensure that regular meetings of the Board takes place and minutes are prepared and signed. b) Ensure that your organisations’ accounts are audited by a Chartered Accountant
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