Application For Registration Of A Corporation: Fill & Download for Free

At their most basic, corporation and incorporation are most often both used as nouns. The term corporation is used to identify a specific kind of business structure that is as distinct and unique under the law as a person is. The term incorporation is used to characterize the process of forming a new, legally recognized and legally distinct entity. When used actively, the act of incorporating or having incorporated can be used as a verb. In addition to these fundamental differences, a host of less immediately obvious differences also apply to these terms.What Is a Corporation?American law recognizes the rights of several different kinds of business structures. Sole proprietorships and partnerships boast flexible management styles and do not require a great deal of legal reporting. Limited liability companies allow the personal assets of members to become significantly insulated from business-related creditors. Corporations are strictly managed and (with certain exceptions made for non-profit corporations) are ultimately beholden to stockholders.With the exception of sole proprietorships and partnerships operating without formal legal recognition, businesses of all kinds must go through a complex registration process before they can begin legally operating within any given state. Aspiring business owners and startup founders should consult an experienced business attorney before committing to a structure for their new companies. Due to their unique professional knowledge and experience, attorneys are well placed to advise individuals about whether a corporate structure (as opposed to sole proprietorship, partnership and LLC structures) will best suit the needs of a new company.What Is Incorporation?The process of incorporation leads to the establishment of corporations and similarly structured legal entities. For example, local governments may embrace the process of incorporation when seeking to become recognized as legally distinct villages, towns, cities, etc. Similarly, non-profit groups, certain clubs and even religious organizations may choose to incorporate in order to benefit from distinction as a singular entity under the law, from certain tax benefits and from other related rights and responsibilities afforded to incorporated entities.It is worth noting that corporations may choose to identify by the abbreviations “Inc.” for incorporated or “Corp.” for corporation within their business names if they have legally registered their names accordingly. Just like other terms contained within legal business names, they may not be interchanged and may not be altered without taking formal legal action to change the name of the affected business as a whole.Legal Guidance Is AvailableIf you have questions about either the process of founding a corporation or the process of incorporating any applicable kind of legal entity, feel free to connect with an attorney at LawTrades. Our platform helps thousands of companies successfully navigate the process of incorporation. We strive to make the experience efficient and our rates reasonable.Good luck!

LLP Registration process is not put on suspended but due to temporary suspension of DIN application, the partners not having DIN are unable to register an LLP. The process of LLP registration is as followed:Application of DIN allotment for Designated PartnersApplication of Name Reservation by PartnersApplication for incorporationFiling of LLP Agreement in LLP form 3It is the primary requirement that minimum two designated partners shall be appointed while registration of LLP. The appointment of designated partners must hold DIN (deemed DPIN). But the barrier arises at the DIN stage itself. Hence, the registration process cannot be commenced. And thus practically, the LLP registration is suspended till there is any further announcement with regards to DIN application.If the partners already hold DIN, they can register an LLP without any hassle by following the subsequent steps.Note:On 12th June, Ministry of Corporate Affairs notifies that DIN applications are now restored for the allotment to proposed Designated Partner of the existing LLP, but not for registration of new LLP. Read details at: DIN application for LLP Partners – Long due restoration enforcedIf you need urgent assistance, feel free to get in touch with our expert on 1800 313 4151 or [email protected] are here to help!

Co-operative Housing Society - ConceptA legally incorporated group of persons, generally of limited means, pursuing the same cause of meeting the common need of housing or its improvement based on mutual assistance.In such a cooperative, membership is voluntary, control is democratic and members make an approximately equal contribution to the capital requiredTypes of Co-op Hsg Societies:As per to Rule 10(5), sub-classes of a Housing Society are:Tenant Ownership Housing Society;Tenant Co-partnership Society;Other Housing Societies.What kind of Societies may be registered?As per Section 4, a society, which has as its objects the promotion of the economic interests or general welfare of its members, or of the public, in accordance with co-operative principles, or a society established with the object of facilitating the operations of any such society, may be registered under this Act.Provided that, no society shall be registered if it is likely to be:economically unsound; orthe registration of which may have an adverse effect on development [of the cooperative movement, or the registration of which may be contrary to the policy directives which the State Government may, from time to time, issue].PROCEDURE FOR REGISTRATION:MEETING OF PROMOTERS AND APPOINTMENT OF CHIEF PROMOTER:minimum 10 adult individuals from independent families desiring to form a Society should gather and hold a meeting to:select a provisional committee and elect a Chief Promoter for formation of a society;select a name for such Society with three alternatives and to pass appropriate resolutions in that behalf2. In case of an Open Plot Society, the Chief promoter should be authorized at such meeting to:appoint architects and building contractors;negotiate and acquire a plot; andget the plans and estimates prepared for such society. The specimen forms of resolutions to elect a Chief promoter and to give him authority as aforesaid are available with the Registrar office or at the Federations office.3. Name reservation:apply to the registration authority (RA) for reservation of name for the society and obtain letter from the RA in that connection;The resolutions passed at the promoters meeting as above should accompany such application for reservation of name as aforesaid;forms are available at the District Co-operative Housing Federation office;letter reserving the name of the society shall be valid for 3 months;The validity of the name is normally extended on an application for 1 or 2 further terms of 3 months each4. Bank account and deposits :open a bank account in the name of the proposed Society as per the RA’s directions in that behalf that shall contained in the letter reserving the name and thereafter deposit therein the entrance fee share money and the amount recovered for preliminary expenses from the promoters and obtain the certificate from such bank in respect of such deposits. Normally the directions of the RA are to open account with a proximate branch of the District Central Cooperative Bank or any other urban Co-operative bank5. Application for Registration:(A) Rule 4: Application for registration and registration fees:i) Application to be sent to the Registrar by registered post or delivery by handii) Every application for registration of a society under Section 8 shall be made:in Form 'A' in Marathi, Hindi or English;subject to the provisions of sub-section (2) of Section 8 and sub-rules (2) and (3);be signed by the applicantsiii) in addition to four copies of the proposed bye-laws of the society, be accompanied by:a list of persons who have contributed to the share capital, together with the amount contributed by each of them, and the entrance fee paid by them;a certificate from the Bank or Banks stating the credit balance therein in favour of the proposed society;a scheme showing the details explaining how the working of the society will be economically sound and, where the scheme envisages the holding of immovable property by the society, the description of such property proposed to be purchased, acquired or transferred to the society;such other documents as may be specified in the model bye-laws, if any, framed by the Registrar .iv) the registration fees shall be as applicable.(B) Where any member of a society to be registered is a registered society, a member of the committee of such registered society shall be authorized by that committee by a resolution to sign the application for registration and the byelaws on its behalf, and a copy of such resolution shall be appended to the application.(C) Where any member of a society to be registered is a firm, company, other corporate body, society registered under the Societies Registration Act. 1860, or local authority or public trust registered under any law for the time being in force for the registration of such trusts, then such firm, company, corporate body, society, local authority or public trust, as the case may be, shall duly authorise any person to sign the application for registration and the bye-laws on its behalf, and a copy of the resolution giving such authority shall be appended to the application.(D) Documents required for Co-op hsg society registration:7/12 extract of the land or property card.Certificate from the competent authority regarding non-agricultural land.The order regarding applicable/non applicable of land ceiling Act.Construction layout approved by the competent authority.Letter of sanction for starting construction.Certificate regarding completion of construction work.Development Agreement if the land is taken for development.Letter of Power of Attorney of the land.Title search report of the land.The registered agreement of purchases of the flat with necessary stamp duty paid.Architect Certificate regarding construction.List of MembersScheme of the Society.Application for reserving name.At least ten members are necessary for registration of society. However the government has given permission subject to some conditions for the Housing society of less than 10 members exercising powers under section 7.If the land is given by the government or undertaking agency of the government then its guarantee letter.No objection certificates from the Charitable Commissioner if the land is of Trust.Certificate of the competent authority regarding non-agricultural plot.While registering SRA/SRD and MHADA recognized Co-operative Housing Societies, it is obligatory to fulfill the necessary papers as per instructions given by that authorities by their circulars in addition to above criterion.  Application for Registering Society (A form)Table giving information of society (B Form)Table giving details of the members ( C Form)Statement of Accounts of the Members (D Form)Bye-Laws of the Mortgage Society.Notarized Guarantee letter by the Chief Promoter of the society on the stamp Paper of Rs. 100/-Notarised Guarantee letter by the Builder, Promoter on the Stamp Paper of Rs. 100/-Affidavit of Members (Affidavit of Minimum 10 Promoters)Two copies of bye laws approved by the Commissioner, Cooperation and Registrar, Cooperative Societies, Maharashtra State Pune.Proof of the bank balance of depositing the amount of each share of Rs. 500/- of the promoter member and admission fee of Rs. 100/- after getting permission for reservation in the District Central Cooperative Bank.Challan of Rs. 2500/- deposited in the Government Treasury Registration fee for the Housing Society of Backward class is Rs. 50/-.Zone Certificate from the competent authority regarding in which area the land situated.Layout Plan.Minimum 10 members are required for registration of society.6. Registration - Rule 5:(A) On receipt of an application under Rule 4, the Registrar shall:enter particulars of the application in the register of application to be maintained in Form 'B',give a serial number to the application andissue a receipt in acknowledgement thereof.((B) The Registrar may give, wherever necessary, opportunity to the promoters to modify the proposed bye-laws before finally registering the society or rejecting the application for registration of the society.(C) On registering a society and its bye-laws under sub-section (1) of Section 9, the Registrar shall as soon as may be, notify the registration of the society in the Official Gazette and grant to the society, a certificate of registration signed by him and bearing his official seal and containing the registration number of the society, and the date of its registration. The Registrar shall also furnish the society with a certified copy of the bye-laws approved and registered by him.(D) For registering the Co-operative Housing Society, the concerned Registrar by scrutinizing the proposal submitted after fulfillment of above mentioned documents shall make an arrangement of issuing certificate of registration society under Section 9 (1) of the Maharashtra Cooperative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter. The order regarding registration of society should have been sent for publishing in government gazette to the Government Printing Press for appropriate action.7. Section 9(1) of MCS Act - Registration:If the Registrar is satisfied hat a proposed society has complied with the provisions of this Act and the rules, or any other law for the time being in force, or policy directives issued by the State Government under section and that its proposed bye – laws are not contrary to this Act or to rules, he shall, within two months, from the date of receipt of the application register the society and bye – law.Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within a period of 15 days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within 2 months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the society and its bye – laws shall be deemed to have been registered and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days.Where the Registrar refuses to register a proposed society, he shall forthwith communicate his decision, with the reasons thereof, to the person making the application and if there be more than one to the person who has signed first thereon.The Registrar shall maintain a register of all societies registered, or deemed to be registered, under this Act.The Chief Promoter should have to arrange first general body meeting of the Promoter members within 3 months from the date of registration of society (Under rule 59 of the Maharashtra Co-operative Societies Rules 1961) and necessary resolution should be passed in this meeting. If such a meeting was not taken by the chief Promoter then in that case if complaint received to the concerned Registrar, then by appointing authorized officer such a meeting can be conducted in the Chairmanship of authorized officer.If the registration of the society is denied, then it is necessary that by passing the written order in this regard by the Registrar, and a copy of it should have to be given to the concerned. Appeal under section 152 can be filed before the immediate senior officer against this decision.It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar. If such decision was not taken within two months then it is necessary to send that proposal to the immediate senior officer.If the Registrar had not taken any action on the proposal received for registration under section 9(2) of the Maharashtra Cooperative Societies Act 1960, as expected under this section within two months, then it is presumed that the deemed registration of the Housing Society.