Eform 62 and eform 20

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Guest

Guest (Querist)

12 August 2013 Dear Sir

I am to incorporate a unlisted public limited company

I am aware that statement in lieu of prospectus will be prepared and efiled

therefore I want to know which Form I need to Submit whether Form 62 or Form 20

Ajay Mishra

Ajay Mishra (Expert)
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12 August 2013 Hi

Both.

Requirement for obtaining commencement of business certificate:

A public limited company having share capital cannot commence business until it has obtained the certificate to commence business from the Registrar of Companies.
Normally, when a public company is incorporated, it may take sometime before it decides to make a public offer and issue a prospectus. However, a new company will comply with the required formalities
and obtain the commencement of business certificate from the Registrar as soon as possible after formation because it cannot commence any business activities or exercise its borrowing powers without it.
For obtaining a certificate to commence business, the following actions are required to be taken:—
(i) the company shall file with the Registrar a statement in lieu of prospectus electronically at the portal of the MCA in the form given in Schedule III to Act together with the E-Form 62 and shall pay the prescribed fee by online or offline procedure as per the requirement of Schedule X of the Companies Act, 1956. This will be signed by every director of the company. [See section 70, 149(2)(b)]
(ii) the directors should pay the value of the shares to the extent money is payable in cash with application/allotment;
(iii) a duly certified declaration shall be filed electronically at the portal of the MCA in the E-Form 20 and a stamped copy shall be simultaneously filed with the Registrar signed by a director/secretary or by secretary in practice where there is no secretary, to the effect that the requirements of section 149(2) have been complied with.
(iv) the company shall not allot any share or debenture at least for three days after filing of statement in lieu of prospectus with the Registrar. [Section 70(1)];
(v) the company shall pay the prescribed filing fee by online or offline procedure as applicable under Schedule X on statement in lieu of prospectus and on e-Form 20 to the Registrar of Companies.
The Registrar of Companies shall then issue the requisite certificate of commencement of business.
A certificate of commencement of business cannot be issued if the company has not complied with the provisions of section 149(1), even though it has issued a statement in lieu of prospectus under section 70. [Malabar Iron & Steel Works Ltd. v Registrar of Companies (1963) 33 Comp Cas 813 (Ker)].

Guest

Guest (Querist)

13 August 2013 Sir
ours will be BPO company , having 7 members and 7 directors with paid up capital Rs.5 lacs

Now as per my knowledge the following will be the steps
1. DIN for all

2.form 1A for name

3.form 1 , 18 ,32 for Certificate of incorporation

4. Form 62 and 20 simultaneously after having CIN

is it okay? sir

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Guest

Guest (Querist)

13 August 2013 Sir

can you tell me the mandatory attachments for eform 62 and eform 20 ?

please sir

Ajay Mishra

Ajay Mishra (Expert)
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13 August 2013 Hi

Go to the following link, it may help you:

http://blog.abhyankarcs.com/company-formation-in-india/how-to-register-a-company-in-india-incorporation-formation/

Guest

Guest (Querist)

13 August 2013 Sir I have already gone through this web link and the contents hosted are for private limited company

so please