PF & ESI Simplified: Master the Basics & Compliance. Register Now!

Rent agreement signed by a non-executive director

Indraraj Saha (JAT) (21 Points)

07 February 2017

A new company XYZ PVT. LTD. incorporated on 16-01-2017, having two directors

a. Mr A (executive director)

b. Mr B (non-executive director)

XYZ PVT. LTD. will rent a room owned by Mr A for a monthly consideration of Rs 6000/-

PLS. clarify

1. who will sign on behalf of the company in the rent deed

2. is there any specific format of rent deed.

3. since the company is incorporated on 16-01-2017 can the rent agreement be signed on 17-01-2017.

4. is there any specific procedure for appintment of director, chairman, authorised signatory person

5. Time limit with in which BANK a/c, PAN, Trade License needs to be applied for.

6. Any other statutory mandatory compliances for a new company, apart from appointment of auditor and annual fillings.

Reply
Follow
Share

1 Replies

Jatin Bajaj (CS) (2930 Points)
Replied 08 February 2017

As per your query , the Rent Agreement can be signed by any of the Authorised Signatory of the Company who could be Company Secretary or CFO of the Company or any Director of the Company but before signing , the Board Resolution for authorising such Authorized signatory needs to be presented before the Board and shal be approved in the Board Meeting.

If the Company has obtained the certificate of incorporation till date then rent agreement could be signed by that date.

The subcribers of the Memorandum shall be deemed to be the Directors of the Company

First of all to bcome the Director , the company has to apply for DIN by making application in form DIR 3

Consent to act as the Director shall be obtained in form DIR 2

Declaration by director that he is not disqualified to act as Director in previous 3 year in the Companies in past 3 years in DIR 8

Interest in other entities in form MBP 1

Hold the Board Meeting and pass the Board Resolution to act as Director

AFTER 30 DAYS OF APPOINTMENT OF dIRECTOR, fILE fORM DIR 12 with ROC

IF THE cOMPANY IS THE WHOLLY OWNED SUBSIDIARY COMPANY OF THE COMPANY INCORPORATED OUTSIDE INDIA , THEN DECLARTION BY REGISTER OWNER OR BENIFICIAL OWNER , IF THEY ARE HOLDING THE SHARES AS REGISTER OR BENIFICIAL OWNER IN FORM MGT 6 WITH ROC

APART FROM THIS , COMMON CAN APPLY FOR COMMON SEAL ( OPTIONAL)

STATUTORY REGISTER HAS TO BE MAINTAINED UNDER COMPANIES ACT 2013 APART FROM ANNUAL FILINGS AND APPOINTMENT OF AUDITOR.

IF THE COMPANY HAS THE PAID UP UP SHARE CAPITAL OF RS. 5 CRORE RUPEES OR MORE THEN COMPANY SHALL HAVE A WHOLE TIME COMPANY SECRETARY