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5 Other Obligations of Companies Seeking Registration

For the purpose of clause (d) of section 374 of the Act,-

4[(1) where a firm, society or trust has obtained a certificate of registration under section 367 of the Act, an intimation to this effect shall be given within fifteen days of such registration to the concerned Registrar of Firms, Registrar of Societies or Registrar of Trusts, as the case may be, under which it was originally registered, along with documents for its dissolution as a firm, society or trust 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 Form 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 Act, 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 2[Registrar of firms] 5[Registrar of Societies or Registrar of Trusts, as the case may be]  under which it was originally registered and shall require that objections, if any to be made by such concerned 2[Registrar of firms] 5[Registrar of Societies or Registrar of Trusts, 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 Act with the Registrar (LLP) and the declaration shall be attached with Form No. URC. 1;

(v) 3[a statement of proceedings, if any, by or against the 6[Limited Liability Partnership, firm, society or trust] as the case may be]  which are pending in any court or any other Authority shall be attached with Form No. URC. 1

 5[(vi)  in case a society or trust intending to register as a company under section 366 of the Act is registered under section 12A of the Income Tax Act, 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 Form No. URC. 1;.

(vii) upon registration of a society or trust as a company under the Act, 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 Act shall be made by a trust during the pendency of any proceedings under section 92 of the Code of Civil Procedure (5 of 1908).]


Amendments

1.Substituted by  Notification Dated 31st May, 2016.

for clause (i), for the words,

"(i) where a Limited Liability Partnership has obtained a certificate of registration under section 367, an intimation to this effect shall be given, within fifteen days of such registration to the concerned Registrar (LLP) under which it was originally registered, along with necessary documents or papers for its dissolution as Limited Liability Partnership";

the following clause shall be substituted, namely;

"(i) where a firm has obtained a certificate of registration under section 367, an intimation to this effect shall be givery within fifteen days of such registration to the concerned Registrar of firms under which it was originally registered, along with papers for its dissolution as a firm";

2.Substituted by  Notification Dated 31st May, 2016

"concerned Registrar (LLP)"

the following words shall be substituted, namely;

 "Registrar of firms"

and for the words,

"Registrar of Companies (LLP)"

the following words shall be substituted, namely;

 "Registrar of Firms"

3.Substituted by  Notification Dated 31st May, 2016.

in clause (v) for the words,

"a statement of Proceedings, if any, by or against the Limited Liability Partnership"

the following words shall be substituted, namely;

"a statement of proceedings, if any, by or against the Limited Liability Partnership or the {irm as the case may be"

4.Substituted by the Companies (Authorised to Register) Second Amendment Rules, 2018  Amendment shall come into force on 15th August 2018

for clause (i), 

1[(i) where a firm has obtained a certificate of registration under section 367, an intimation to this effect shall be givery within fifteen days of such registration to the concerned Registrar of firms under which it was originally registered, along with papers for its dissolution as a firm;]

the following clause shall be substituted, namely:-

"(1) where a firm, society or trust has obtained a certificate of registration under section 367 of the Act, an intimation to this effect shall be given within fifteen days of such registration to the concerned Registrar of Firms, Registrar of Societies or Registrar of Trusts, as the case may be, under which it was originally registered, along with documents for its dissolution as a firm, society or trust as the case may be;"

5.Inserted by the Companies (Authorised to Register) Second Amendment Rules, 2018.   Amendment shall come into force on 15th August 2018

6.Substituted by the Companies (Authorised to Register) Second Amendment Rules, 2018 Amendment shall come into force on 15th August 2018

in clause (v), for the words

“Limited Liability Partnership or the firm”,

the following words shall be substituted namely:

“Limited Liability Partnership, firm, society or trust” shall be substituted"

7.Substituted by the Companies (Authorised to Register) Second Amendment Rules, 2018   Amendment shall come into force on 15th August 2018

 

Form No. URC. 1 and Form No. URC. 2,  shall be substituted