KPS Trust is a trust registered under the Indian Trusts Act, 1882. The trust desires to register itself as a Company Limited by Guarantee under Section 8 of the Companies Act, 2013. Describe the documents required to be

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2023
KPS Trust is a trust registered under the Indian Trusts Act, 1882. The trust desires to register itself as a Company Limited by Guarantee under Section 8 of the Companies Act, 2013. Describe the documents required to be submitted by KPS Trust for registration as a company limited by guarantee under Section 8 of the Companies Act, 2013.

Answer & Explanation:

In accordance with Section 366 of the Companies Act, 2013 read with Rule 3 of the Companies (Authorised to Registered) Rules, 2014, the following documents are required in case an application is made by a trust for registration as a company limited by guarantee under section 8 of the Companies Act, 2013- a list showing the names, addresses and occupations of all persons, who on a day, not being more than six clear days before the day of seeking registration, were trustees of the trust with proof thereof; a list showing the particulars of persons proposed as the first directors of the company, along with DIN, passport number, if any, with expiry date, residential addresses and their interests in other firm or body corporate along with their consent to act as directors of the company; a certified copy of the certificate of registration of the trust and the trust deed; No Objection Certificate from secured creditor along with charge holder, if applicable; details of the objects of the company along with a declaration from all the members that the restrictions and prohibitions as mentioned in clause (b) and clause (c) of sub-section (1) of section 8 of the Companies Act, 2013 shall be complied. An undertaking from all the trustees providing that in the event of registration as a company under Part I of Chapter XXI of the Companies Act, 2013, necessary documents or papers shall be submitted to the registering or other authority with which the company was earlier registered, for its dissolution. The list of members and directors and any other particulars relating to the company which are required to be delivered to the Registrar shall be duly verified by the declaration of any two or more proposed directors. Accordingly, KPS Trust is advised to submit the above-mentioned documents for registration as a company limited by guarantee under Section 8 of the Companies Act, 2013.

Topics: Company Incorporation

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