PROCESS OF TRUST REGISTRAION

1. FORMS OF ORGANISATION

A non governmental organization (NGO) may be formed and registered as-

i. Trust: As a public charitable trust. A public trust, whether relating to movable or immovable property, may be created by mere delivery of possession with a direction that the property is to be held under trust. However, a written instrument of trust signed by the author and registered, is always desirable.

ii. Society: Section 20 of the Societies Registration Act lays down that charitable societies and societies established for the promotion of science, literature of the fine arts may be registered under that Act. A society registered under the said Act is a legal entity apart from its members and under section 6 of the said Act, it can sue or be sued in the name of its President, Chairman, Secretary or members of the governing body or Trustees. In Secretary of State India v. Radha Swami Satsangh it was held by the Bombay High Court that the registration of a charity under the Societies Registration Act 1860 was a prima facie evidence of valid dedication of property for charitable purposes.

iii. Company: An association may be registered under Section 8 of the Companies Act, 1013 if the Central Government is satisfied that it is about to be formed as a limited company for promoting commerce, are, science, religion, charity or any other useful object and it intends to apply its profits, if any, or other income in promoting its objects and to prohibit the payment of any dividend to its members. In such cases the Central Government may by license direct that the association may registered as a company with limited liability without the addition to its name of the word “Limited” or the words “Private Limited”.

2. PROCESS OF REGISTRAION OF TRUST

1. Before you register your trust you will need to decide the following:

a) Name of the trust

b) Address of the trust

c) Objects of the trust(charitable or Religious)

d) One settler of the trust

e) Two trustees of the trust

f) Property of the trust-movable or immovable property (normally a small amount of cash/cheque is given to be the initial property of the trust, in order to save on the stamp duty).

2. Prepare a Trust Deed on stamp paper of the requisite value (8% of the

value of property of the trust in Delhi. The rate varies from state to state)

3. Requirement for registration of Trust Deed with the Local Registrar under

the Indian Trusts Act, 1882:

a) Trust Deed on stamp paper of requisite value (as stated on point no.2 above)

b) One passport size photograph & copy of the proof of identity of the settler

c) One passport size photograph & copy of the proof of identity of each of the two trustees.

d) One passport size photograph & copy of the proof of identity of each of the two witnesses.

e) Signature of settler on all the pages of the Trust Deed

f) Witness by two persons on the Trust Deed.

4. Go to the local registrar & submit the Trust Deed, along with one

Photocopy, for registration. The photocopy of the Deed should also

contain the signature of settler on all the pages. At the time of registration,

the settler & two witnesses are required to be personally present,

alongwith their identity proof in the original.

5. The Registrar retains the photocopy & returns the original registered copy

of the Trust Deed with Registraion Certificate Number.

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PROCEDURE FOR FORMATION OF SECTION 8 COMPANY

OBJECTS OF SECTION 8 COMPANY:-

👉 Section 8 Company can be incorporated For Promotion Of Commerce, Art, Science, Sports, Education, Research, Social Welfare, Religion, Charity, Protection Of Environment Or Any Such Other Object.

👉It can also be Registered As Trust Or A Society;

👉Or Other Income In Promoting Its Objects And Intends To Prohibit The Payment Of Any Dividend To Its Members.

STEPS OF PROCEDURE FOR FORMATION OF SECTION 8:-

1. DSC/DIN - To obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for all the proposed Directors of the Company if they don’t have the same.

2. Name Approval - An application in Form No. – INC 1 has to be filed with ROC for name approval of proposed Section 8 Company. The Applicant can give maximum six names in order of preference. The name once approved by the authority is valid for 60 days. Please take note that the name of the Section 8 company shall include any of the following word i.e. Foundation, Forum, Association, Federation, Chambers, Confederation, Council,  Electoral Trust and the like etc in accordance with Rule 8(7) of the Companies (Incorporation) Rules, 2014 and not required  PVT. LTD. and LTD. Words.

3. MOA and AOA - After obtaining name approval, MOA and AOA is to be drafted and then filed with the RoC along with other documents in e-Form INC 12 for the issuance of license under section 8 of the Companies Act, 2013.The subscription pages of MOA and AOA company shall be signed by each subscriber to the memorandum who shall mention his name, address, description and occupation, if any, in the presence of at least one witness who shall attest the signature and shall likewise sign and add his name, address, description and occupation, if any.

4. Form INC-12 (Application for License u/s 8) - File form INC-12 for the issuance of license under section 8 of the Companies Act, 2013 along with the following attachments:

1. INC-13 Memorandum of Association.
2. Article of Association.
3. INC-15 Declaration by each Subscriber to MOA (On Non- judicial stamp paper of Rs. 100/- and duly notarized).
4. Estimated statement of Income & Expenditure for Next three years and it should be signed the proposed Promoters.
5. List of proposed Promoters and Directors of the Company.
6. Subscribers page (AOA & MOA) should be hand written by the Subscriber (s), and witness.

After the approval of Form INC 12, a license under Section 8 of the Companies Act, 2013 is issued in Form INC-16.

5. Filing of Incorporation Forms on MCA Portal: The following forms are required to be filed with the RoC after issuance of the license:

I. Form No. INC – 7 (Application for incorporation of the Company) along with the following attachments:

1. Memorandum of association.
2. Articles of Association.
3. Declaration in Form No. INC-8.
4. An affidavit from each of the subscriber to the memorandum in Form No.INC-9.
5. Proof of residential address of Subscribers.
6. Specimen Signature in Form No. INC-10.
7. Proof of Identity of Subscribers.
8. NOC in case there is a change in the promoters after name approval.
9. PAN card (in case of Indian national).
10. CTC of resolution/ board resolution authorising to subscribe to MOA.
11. Optional attachment, if any.

II. Form No. INC – 22 (Notice of situation of Registered office) along with the following attachments:

1. Conveyance/Lease Deed/ Rent Agreement (Proof of ownership)
2. Electricity Bill Not older than 2 months. 
3. No Objection Certificate(NOC) on the letter head of promoter for using the premises On Stamp paper of  Rs.100/- with duly notarized .

III. Form No. DIR – 12 (appointment of directors of the company) along with the following attachments:

• DIR-2 (consent to act as Directors) 
• Affidavit by the Directors for Not accepting Deposits (On Non- judicial stamp paper of Rs. 100/- and duly notarized).
• INC-9 Declaration by each Subscriber to Memorandum of Association (On Non- judicial stamp paper of Rs. 100/- and duly notarized).

6. Certificate of Incorporation- If the Concerned ROC is satisfied with the incorporation forms, a Certificate of Incorporation is issued by the Registrar of Companies along with a unique Company Identification Number (CIN). 

7. Revocation of the licence - Rule 8(6) the Companies (Incorporation) Rules, 2014 provides that the Central Government may, by order, revoke the licence granted to a company if the company contravenes any of the requirements of this section or any of the conditions subject to which a licence was granted or the affairs of the company are conducted fraudulently or in a manner violative of  the objects of the company or prejudicial to public interest. Without prejudice to any other action against the company, the Central Government may direct the company to convert its status and change its name to add the word ‘Limited’ or ‘Private Limited’ to its name and there upon the Registrar shall, without prejudice to any action that may be taken, on application, in the prescribed form, register the company accordingly.  Such order shall not be passed unless the company is given reasonable opportunity of being heard.  A copy of such order is to be given to the Registrar.The Central Government may direct the company, the licence of which has been cancelled, if it is satisfied that it is essential in the public interest,   to be wound up or amalgamated with another company registered under this section. Such order shall be passed only after giving reasonable opportunity to the company of being heard. In case of amalgamation, the Central Government may provide for such amalgamation to form a single company with such constitution, properties, powers, rights, interest, authorities and privileges and such liabilities, duties and obligations as may be specified in the order.

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PROCEDURE OF INCORPORATION OF A ONE PERSON COMPANY (OPC) UNDER COMPANIES ACT,2013

Procedure / Steps to One Person Company incorporation:

N	Procedure	Description
1	Obtain Digital Signature Certificate (DSC)	Obtain a Digital Signature Certificate from authorized DSC issuing authority.
2	Obtain Director Identification No. (DIN)	Make Application in Form DIR-3  [Rule 9 of Chapter XI Rules].
3	Register DSC in the name of Director on MCA portal	⏩ See the description in Point No.3
4	Apply for Reservation of Name	Application in Form No. INC.1 [Rule 9]. The same shall be reserved for a period of 60 days.
5	Getting consent of a person to become its Nominee in Form INC-3	⏩ See the description in Point No.5
6	Drafting and Printing of Memorandum and Articles of Association	⏩ See the description in Point No.7
7	Filing of INC -2, DIR 12 (except when promoter is the sole director of the OPC.) & INC 22	⏩ See the description in Point No.7
8	Commencement of business [S.11]	Mandatory to file Declaration with ROC in Form No. INC.21 [Rule 24].
9	Registered Office [S.12]	A company shall have a registered office within 15 days of Incorporation and it shall file Form No.INC.22 [Rule 25] within 30 days to verify the same.

➽⏩ Point No.3: Register DSC

Third step is to register DSC of the person authorized to sign E-forms on MCA21 or click on the link http://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=36

➽⏩ Point No.5: Getting consent of a person as Nominee

The subscriber to the memorandum of a One Person Company shall nominate a person, after obtaining prior written consent of such person, who shall, in the event of the subscriber’s death or his incapacity to contract, become the member of that One Person Company.

The name of the person nominated shall be mentioned in the memorandum of One Person Company.

1. A nominee for OPC has to be a natural person who is an Indian citizen and resident in India.
2. No person shall be eligible to become a nominee in more than one OPC

The nominee so appointed shall become the member in the following situation:

1. In the event of the sole member’s death; or
2. In the event of the sole member becoming incapacitated to contract.

Form No. INC-3

One Person Company- Nominee consent form

This form is required to be filed pursuant o section 3(1) of the Companies Act, 2013 and rule 4(2), (3), (4), (5) & (6) of Companies (Incorporation) Rules, 2014

One Person Company is required to indicate the name of the other person as nomine in its memorandum with his prior written consent, who shall become the member of the company in case of subscriber’s/member’s death or incapacity to contract and such consent of the nomine shall be submitted to Registrar in this eForm INC-3.

• Enter an approved SRN of Form INC-1 in case of a new company or valid CIN for a One Person Company (OPC).
• Enter the approved DIN/PAN of nomine. – Nomine should be an Indian citizen and resident in India.
• Residential proof selected and provided should not be older than two months.
• User is required to provide previous residence address details in case the duration of stay is less than a year at the present address.
• User is required to take the printout of the form after clicking on the “Check Form” button and the same shall be manually signed by the Nomine thereafter.
• This is a non e-Form and User is required to fill the form electronically and then attach the printout of the duly signed copy along with al the enclosures with other eForms INC-2, INC-4 or INC-6 as the case may be.
• User is required to provide copy of residential proof not older than two months

Attachment:

1. Copy of PAN card
2. Proof of Identity
3. Residential Prof.

➽⏩ Point No.7: Filing of Company Incorporation form – eform INC 2, DIR 12 (except when promoter is the sole director of the OPC.) & INC 22

As per section 3(1) and 7(1) of the Companies Act, 2013 and Rule 4, 10, 12 and 15 of the Companies (Incorporation) Rules, 2014, application for incorporation of a one person company, with the Registrar, within whose jurisdiction the registered office of the company is proposed to be situated, shall be filed in Form no. INC 2 along with Form no. INC.22 for situation of registered office of the Company, (as the case selected in form no. INC 2) and DIR -12.

Note:

• Form is required to be filed within 60 days as the name is reserved only for this time period.
• Stamp Duty is payable online as it exceeds Rs. 100/-

INC 2:

Form INC – 2 is to be filed along with consent of nomine obtained in Form INC – 3 and fee as provided in the Companies (Registration offices and fees) Rules, 2014 shall be filed with the Registrar at the time of incorporation of the company along with its memorandum and articles.

Form INC – 2 is form for incorporation of one person company. The form is similar to Form INC – 7 except his form contain Nomination details and particulars of nomine.

Form No. INC-2

One Person Company- Application for Incorporation

eForm INC-2 is required to be filed pursuant o section 3(1) and 7(1) of the Companies Act, 2013 and Rule 4, 10, 12 and 15 of the Companies (Incorporation) Rules, 2014. eForm INC-2 deals with incorporating One Person Company.

This eForm is accompanied by supporting documents such as annexure containing details of directors/subscribers, the Memorandum of Association and Articles of Association and evidence of payment of stamp duty. Once the eForm is processed and found complete, a company is registered and CIN is allocated.

It is suggested that eForm DIR-12 should be filed together at the time of fling of eForm INC-2 if the member is not he sole director of the company.

In case the address for correspondence is not he address of the registered office of the Company, user is required to file INC-2 within 30 days of its incorporation. – Stamp duty on eForm INC-2, Memorandum of Association (MoA) and Articles of Association (AoA) can be paid electronically through the MCA portal. Payment of stamp duty electronically is mandatory for certain States.

User is required to scan the photograph of every subscriber with MOA and AOA.

• Enter the approved Service Request Number (SRN) of eForm INC-1 filed for reservation of name.
• The company can have its registered office from the date of incorporation or on and from the 15th day of its incorporation. Till the same is established and intimated to the RoC, company can have its correspondence address capable of receiving and acknowledging all communications and notices as may be addressed to it.
• Enter the details of registered office address of the company if the company is having its registered office from the date of its incorporation.
• Enter the valid email id of the company.
• Enter the details of the address of the police station under whose jurisdiction the registered office of the company is to be situated.
• Enter the details of authorized and subscribed share capital break up in case of a company having share capital.
• Based on the main objects of the company, please enter the main division of industrial activity as per National Industrial Classification (NIC)-204
• Enter the details of promoter. – Promoter to One Person Company is always an Indian citizen and resident in India and promoter shall be eligible to incorporate only one OPC.
• Every One Person Company is required to indicate the name of other person as nomine to the sole member in the memorandum and nomine for the subscriber should be an individual who is an Indian citizen and resident in India.
• Where the Articles of Association of OPC contains provisions of entrenchment to the effect hat specified provisions may be altered only if conditions or procedures as that are more restrictive than those applicable in case of a special resolution are complied with.
• System shall automatically display the state or union territory for which stamp duty is to be paid and also amount of stamp duty to be paid on eForm INC-2, MoA and AoA based on the state wise stamp rules.
• This eForm should be supported with a declaration given either by:
  • A person named in the articles is a subscriber and also a director. (This declaration is displayed to the user in case subscriber and director is the same person), or
  • A person named in the articles as a director, manager or secretary of the company duly authorized by promoters. (This declaration is displayed to the user in case subscriber and director are not he same person)

Attachment:

1. Memorandum of Association,
2. Articles of Association,
3. proof of identity of the member and the nomine,
4. residential proof of the member and the nomine,
5. copy of PAN card of member and nomine,
6. consent of nomine in Form INC-3 along with enclosures,
7. Affidavit from the subscriber and first director to the memorandum in Form No. INC-9.
8. It is mandatory to attach Specimen Signature in Form INC-10 in case company is ‘Not having share capital’.
9. It is mandatory to attach Entrenched Articles of association if any of the articles are entrenched.
10. Prof of registered office address and copies of the utility bills not older than two months are required to be attached in case of address of correspondence is the address of registered office of the company.
11. It is mandatory to attach proof that he company is permitted to use the address of the registered office of the company if the same is owned by director/any other entity/ Person (not taken on lease by company).
12. It is mandatory to attach consent to act as a director in case subscriber and director are the same persons.
13. List of al the companies (specifying their CIN) having the same registered office address, if any.

As per Rule-17 of Companies (Incorporation) Rules, 2014, the particulars of each person mentioned in the articles as first director of the company and his interest in other firms or bodies corporate along with his consent to act as director of the company shall be filed in Form No.DIR-12 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014. Along with the above details in the Form no.INC.2, Form no.DIR 12 to be filed IN CASE THE PROMOTER IS NOT THE SOLE DIRECTOR OF THE OPC along with the following attachments:

1. Declaration by first director in Form INC-9 is mandatory to attach in case of a new company.
2. Declaration of the appointee Director, in Form DIR-2;
3. Interest in other entities of director it is mandatory to attach in case number of entities entered is more than one. Only a declaration can be filed that interest of directors is taken on record by company.
4. Optional attachment(s), if any.

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PROCEDURE FOR IMPORT EXPORT CODE ONLINE AND OFFLINE

 Procedure for Import Export Code 

Online and Offline:-

Import Export Code (IEC) is a 10 digit code which has permanent validity and is issued by Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industries, Government of India. Without this code, any person or entity cannot do export-import business in India. Although following entity or person are not required to obtain IEC:

• One who is exporting or importing goods for personal use and not for business manufacture or agriculture.
• One who is exporting or importing from or to Nepal or Myanmar which should not exceed Rs 25,000 in single assignment and should be through Indo-Myanmar border areas.

👉Ministries or the department of central government or state government. 

👉Every importer, as well as every exporter, is required to register IEC.

👉IEC holder is not required to file any returns.

👉It is issued for a lifetime and needs no renewal.

👉You can avail benefits on the export or import from DGFT, Custom etc.

Apply for Import Export Code IEC Code Offline

Step 1 : You have to file an application in Aayaat Niryaat Form 2A (ANF 2A) format to the Regional Authority of the DGFT in whose jurisdiction your registered office is situated.

Step 2 : Following documents are required for IEC application:

1. Aayaat Niryaat Form which is duly filed
2. Bank Receipt /Demand Draft details as evidence of payment of application fee of Rs. 500/-. DD drew in favour of Zonal DGFT.
3. Certificate from the applicant firm’s banker in the format specified.
4. Self-certified copy of Permanent Account Number (PAN) issued by Income Tax Authorities. (Only one IEC is issued against one PAN no.)
5. Two copies of passport size photographs of the applicant. The photograph on the banker’s certificate should be attested by the banker of the applicant.
6. Self-addressed envelope duly stamped for Rs.15/-(for Local Address) & Rs.20/- (for Outstation).
7. Address proof of the applicant firm / individual.
8. Details of Partners / Director / Proprietor / Trustee & their complete details, List of branches, registered office, Head office, and factory located in India & abroad with contact details.
9. In case of Limited companies (both Private and Public Ltd.):
   1. Extract of Board Resolution in favour of the applicant.
   2. Memorandum of Association along with Certificate of Incorporation.
   3. Form 32 in the case of change of Directors and Form 18 in the case of change of registered office-whichever applicable.
10. In case of Partnership firm:
    1. Notarized Partnership Deed showing the date of formation of the firm.
    2. No Objection Certificate from other Partners/HUF.

Step 3 : You can download the application form from gov.in and search for “Application Form for Issue Importer Exporter Code Number (IEC)” or use this link or can obtain a form from any regional offices of DGFT.

Step 4 : You can submit the filled application with all required document to your regional DGFT office or you can post it to the regional DGFT office.

Step 5 : You will be given a file number and you can use it to check the status of your application on dgft.gov.in.

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Online procedure for Obtaining Import Export IEC Code

Step 1 : You have to submit a duly filled application form online at the DGFT official Website along with the documents required. These documents should be in pdf format only.

Step 2 : You should have scanned copy of the following in gif format which should not exceed 300 KB:

1. PAN (both sides) ,
2. applicant Photograph ,
3. Bank Certificate

Step 3 : Exporter must have a Net banking account with one of the following banks

1. HDFC BANK
2. ICICI BANK
3. BANK OF INDIA
4. STATE BANK OF INDIA
5. CENTRAL BANK OF INDIA
6. PUNJAB NATIONAL BANK
7. IDBI
8. UTI/AXIS BANK
9. UNION BANK OF INDIA

Step 4 : You have to go to DGFT Website and Click on “IEC Online Application”.

Step 5 : You then have to enter your PAN number. So as to create new IEC application select ‘Create’ from ‘File’ menu.

Step 6 : It will then display new ‘ECOM Reference No'.

Step 7 : you then have to fill in your details like name and designation of the applicant, address, pin code, phone no, email address, Date of Establishment, PAN date, PAN Issuing authority, Banker Name, Bank Account Number.

Step 8 : You will have to make a payment of Rs.250 through online fund transfer from the selected banks.

Step 9 : It is mandatory for all applicants to upload the documents based on your entity e.g. company, sole proprietor, partnership etc, PAN card, Photograph and bank certificate.Select:

1. PANC  to upload PAN Copy
2. FOTO  to upload Photograph of Applicant
3. BKYC  to upload Bank Certificate Copy
4. MOAS  to upload the Memorandum of association
5. EBRA  to upload Extract of Board Resolution
6. DIR12  to upload DIR 12 in case of change of Directors
7. INC22  to upload INC22 in the case of change of registered office-wherever applicable.
8. AOTH  to upload any other relevant document, if required.
9. ANFP  will remain to disable always.
10. NRID  to upload the RBI approval letter. (Applicable in case of NRI)

Step 9 : The documents required are complete and submitted to DGFT you will get your IEC in one or 2 weeks.

Step 10 : If one wants to modify IEC then if an application for modification or amendment is made within 90 days then no fee is payable but if after 90 days then payment of Rs. 1000 has to be made in form of demand draft to concerned regional authority.

So above are the Online and Offline Procedure to obtain the Import Export Code. Hope this article helpful for you regarding  apply for the Import Export Code. if you need any professional Import Export Code Service then place a request on MyOnlineCA and Get done IEC Code at fingerTips.

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