Rule 16 The Companies (Incorporation) Rules, 2014

(1) The following particulars of every subscriber to the memorandum shall be filed with the Registrar-

(a) Name (including surname or family name) and recent Photograph affixed and scan with MOA and AOA:

(b) Father’s/Mother’s/ name:

(c) Nationality:

(d) Date of Birth:

(e) Place of Birth (District and State):

(f) Educational qualification:

(g) Occupation:

(h) Income-tax permanent account number:

(i) Permanent residential address and also Present address (Time since residing at present address and address of previous residence address (es) if stay of present address is less than one year) similarly the office/business addresses :

(j) Email id of Subscriber;

(k) Phone No. of Subscriber;

(l) Fax no. of Subscriber (optional)

Explanation.- information related to (i) to (l) shall be of the individual subscriber and not of the professional engaged in the incorporation of the company;

(m) Proof of Identity:

For Indian Nationals:

PAN Card (mandatory) and any one of the following

• Voter’s identity card

• Passport copy

• Driving License copy

• Unique Identification Number (UIN)

For Foreign nationals and Non Resident Indians

• Passport

²[Explanation.- In case the subscriber is already holding a valid DIN, and the particulars provided therein have been updated as on the date of application, and the declaration to this effect is given in the application, the proof of identity and residence need not be attached.]

(n) Residential proof such as Bank Statement, Electricity Bill, Telephone / Mobile Bill:

Providedthat Bank statement Electricity bill, Telephone or Mobile bill shall not be more than two months old;

(o) Proof of nationality in case the subscriber is a foreign national.

(p) If the subscriber is already a director or promoter of a company(s), the particulars relating to-

(i) Name of the company;

(ii) Corporate Identity Number;

(iii) Whether interested as a director or promoter;

(q) ³[Omitted]

(2) Where the subscriber to the memorandum is a body corporate, then the following particulars shall be filed with the Registrar-

(a) Corporate Identity Number of the Company or Registration number of the body corporate, if any

(b) GLN, if any;

(c) the name of the body corporate

(d) the registered office address or principal place of business;

(e) E-mail Id;

(f) if the body corporate is a company, certified true copy of the board resolution specifying inter alia the authorization to subscribe to the memorandum of association of the proposed company and to make investment in the proposed company, the number of shares proposed to be subscribed by the body corporate, and the name, address and designation of the person authorized to subscribe to the Memorandum;

(g) if the body corporate is a limited liability partnership ⁴[Omitted], certified true copy of the resolution agreed to by all the partners specifying inter alia the authorization to subscribe to the memorandum of association of the proposed company and to make investment in the proposed company, the number of shares proposed to be subscribed in the body corporate, and the name of the partner authorized to subscribe to the Memorandum;

(h) the particulars as specified above for subscribers in terms of clause (e) of sub- section (1) of section 7 for the person subscribing for body corporate;

(i) in case of foreign bodies corporate, the details relating to-

(i) the copy of certificate of incorporation of the foreign body corporate; and

(ii) the registered office address.

Amendment

^1. Substituted by Notification Companies (Incorportion) Amendment Rules, 2015 Dated 1st May, 2015.

Companies (Incorporation) Amendment Rules, 2015.

In rule 16, in sub-rule(1) for clause (q) i.e.

(q) the specimen signature and latest photograph duly verified by the banker or notary shall be in the prescribed Form No.INC.10.

the following shall be substituted namely:-

“(q)the promoter or first director shall self attest his signature and latest photograph in Form No.INC.10”.

^2. Inserted by Notification Compamies (Incorporation) Third Amendment Rules, 2016 Dated 27th July, 2016 .

^3. Omitted by Notification Companies (Incorporation) Third Amendment Rules, 2016 Dated 27th July, 2016.

Original Content –¹[(q) the promoter or first director shall self attest his signature and latest photograph in Form No.INC.10]

^4. Omitted by Notification Companies (Incorporation) Third Amendment Rules, 2016 Dated 27th July, 2016.

In Rule 16, in Sub-rule (2), in Clause (g)

Original Content- [or partnership firm]