Law(s) Governing
the e Form
Section and Rule Number(s)
eForm INC-4 is required to be filed pursuant to Section 3(1) of the Companies Act, 2013 and Rule
4(4), (5), (6) of Companies(Incorporation) Rules, 2014 which are reproduced for
your reference.
Section 3:
(1) A company
may be formed for any lawful
purpose by—
a) seven or more persons,
where the company
to be formed is to be a public company;
b)
two or more persons,
where the company
to be formed is to be a private
company; or
c)
one person, where the company to be
formed is to be One Person
Company that is to say, a
private company, by subscribing their names or his name to a memorandum and
complying with the requirements of this Act in respect of registration:
Provided that the memorandum of One Person Company shall
indicate the name of the other person, with his prior written consent in the
prescribed form, who shall, in the event of the subscriber’s death or his incapacity to contract become
the member of the company
and the written consent of such person shall also be filed with the Registrar
at the time of incorporation of the One Person Company along with its
memorandum and articles:
Provided also that the member
of One Person Company may at any time change
the name of such
other person by giving notice in such manner as may be prescribed:
Provided also that it shall be the duty of the member of
One Person Company to intimate the company the change,
if any, in the name of the other person
nominated by him by indicating in the memorandum or
otherwise within such time and in such manner as may be prescribed, and the
company shall intimate the Registrar any such change
within such time and in such manner
as may be prescribed:
Provided also that any such change in the name of the person shall
not be deemed to be an alteration of the memorandum.
Rule 4:
(4) The
company shall within thirty days of receipt of the notice of withdrawal of
consent under sub-rule (3) filed with the Registrar, a notice of such
withdrawal of consent and the intimation of the name of another person
nominated by the sole member in Form
INC-4 along with fee as provided in Companies
(Registration offices and fees) Rules, 2014 and the written consent of such
another person so nominated in Form
INC-3
(5) For the purposes of third proviso
of sub-section (1) of section
3, the subscriber or member of a One Person Company
may, by intimation in writing to the company,
change the name of the person
nominated by him at any time for any reason including in case of death or
incapacity to contract of nominee and nominate another person after obtaining the prior consent of such another person
in Form INC-3.
Provided that the company shall,
on the receipt of such intimation, file with the Registrar, a notice
of such change in Form No INC-4 along with fee as provided in Companies
(Registration offices and fees) Rules, 2014 and with the written
consent of the new nominee
in Form INC-3 within 30 days of receipt of intimation of the change.
(6) Where the sole member of One Person Company
ceases to be the member in the event
of death or incapacity to contract
and his nominee becomes the member of such One Person Company, such new member
shall nominate within fifteen days of becoming
member, a person who shall in the event of his death or his incapacity
to contract become the member of such company, and the company shall file with
the Registrar an intimation of such cessation and nomination in Form INC-4 along
with the fee as provided
in Companies (Registration offices
and fees) Rules, 2014 within 30 days of
the change in membership and with the prior written consent of the person so
nominated in Form INC-3
Member of One
Person Company is required to nominate a person, after obtaining his/her prior
written consent, who will become the member of such OPC in the event of member’s death or incapacity to contract. This form is filed in case there is any change in the nominee
of the OPC by personal withdrawal of consent by the nominee
himself, or change in the nominee by the member, or in case of cessation of member
due to various reasons.
E Form Number
as per Companies Act, 1956
This eForm INC-4 has been introduced in the Companies
Act, 2013
Part II – Instructions to fill the
eForm
Specific Instructions to fill the eForm INC-4 at
Field Level
Instructions to fill
the eForm are tabulated below
at field level. Only important
fields that require detailed instructions to be filled
in eForm are explained. Self-explanatory fields are not
discussed.
|
S. No/ Section
Name |
Field Name |
Instructions |
|
|
User needs
to select any one option
as the purpose of filing the
form. Based on this
selection, serial number
4-9 will be displayed in the eForm. In case “Notice of withdrawal of consent by the nominee
of OPC” selected, then serial no 4, 7 and 8 will be required to be filled by the
user. In case
“Intimation about change
in the name
of the nominee
of OPC” selected, then serial no 5 and 8 will be required to be filled by
the user. In case
“Intimation of cessation” selected, then serial no 6,
7, 8 and 9 will be required to be filled
by the user. |
|||
|
2 |
(a) |
Corporate Identity number (CIN) |
Enter valid CIN for a One Person Company (OPC). On clicking the Pre-fill button,
system will automatically display the name, registered office address and
email ID of the company. In case there is any change in the email ID, you can enter the new
valid email ID of the company. |
|
S. No/ Section
Name |
Field Name |
Instructions |
|
|
2 |
|
Pre-fill button |
Click the Pre-fill button.
On clicking the button, system will automatically display the name,
registered office address, email ID and the company. In case there is any change in the email ID, you can enter the new
valid email ID. |
|
Part A:Notice of withdrawal of consent by the
nominee of OPC |
|||
|
4 |
|
Notice is hereby given that….was nominated as the
nominee of.................. Has withdrawn his/her consent vide his/her notice dated …................... , a copy
of which is attached herewith. |
System will populate the names of old nominee and member
of OPC on the basis
of CIN and user
is required to mention the date of notice of withdrawal of consent of old
nominee. |
|
Part B: Intimation about change in nomination |
|||
|
5 |
|
Notice is hereby given that….................... within the meaning
of Rule 3 of the Companies (Incorporation and
Incidental) Rules, 2014. |
System will populate the name of member, old nominee and of OPC on
the basis of CIN. User is required to enter full name of new nominee and
date of intimation by member to OPC
for change in nomination. |
|
Part C: Intimation of Cessation of member |
|||
|
6 |
|
Intimation is hereby given that…has ceased to be
member of ………w.e.f... due to …............................... and… .has become the sole member of the above mentioned company. |
System will populate the name of member and OPC and user is required to enter date
of cessation of member. User needs to select who has become the sole member of the OPC. Transferee can only be selected if change in ownership is selected as
the reason of cessation and his/her nominee can be selected in case death or
incapacity to contract as a reason of cessation. |
|
S. No/ Section
Name |
Field Name |
Instructions |
|
|
7 |
|
Intimation about the change of nominee Further notice is given that…of…has
nominated…. as his nominee w. e. f. ……………………… within the meaning of Rule 3 of
Companies (Incorporation
and Incidental) Rules, 2014. |
In case of notice of withdrawal of consent by the nominee, name of
the member shall be pre filled based on CIN and only member can be selected in the drop down. In case of intimation of cessation of member, name of the member is required to be
entered and only ‘new member’ can be selected in the drop down. System shall display
name of the OPC on the basis of CIN and user
needs to enter
the name of the new nominee and his effective date of
nomination. |
|
8 |
|
Particulars of the new nominee. |
Enter the particulars of nominee and ensure that approved DIN, if
allotted and valid PAN is mentioned. System will display PAN, name, father’s name, gender, date of birth,
educational qualification, permanent residential address and email id of the
nominee in case DIN is entered and same are required to be mentioned in case
PAN is entered Name shall be verified by the system
in case PAN is entered. Enter nominee ‘surname or family name.
Nominee should be an Indian citizen and resident in India Residential proof provided should not be older than two months. Ensure that no person shall become nominee in more than one OPC. |
|
9 |
|
Particulars of new member |
All the validations are same as nominee with respect to new member as mentioned
above. |
|
To be digitally signed by Member/ Director |
DSC |
Ensure the eForm is digitally signed by member and Director/ Manager/
CEO/ CFO/ Company secretary. |
|
|
DIN of the director or DIN
or Income tax PAN of the manager, CEO, CFO member or membership |
·
In case the person digitally
signing the eForm is a Director - Enter the approved DIN ·
In case the person digitally signing the eForm is Company Secretary - Enter valid membership number. |
||
|
S. No/ Section
Name |
Field Name |
Instructions |
|
|
number of the
company secretary |
·
DIN/PAN may be specified in case the eForm is signed by the member or manager or CEO or CFO. |
|
Attachments |
·
Consent of the nominee in signed
Form INC-3 along with all the enclosures. (Mandatory) ·
Certified copy of PAN card of the new nominee and/or
new member. (Mandatory) ·
Proof of
identity of the new nominee and/or new member. (Mandatory) ·
Residential proof of the
new nominee and/or new member. (Mandatory) ·
It is mandatory to attach notice
of withdrawal of consent in case withdrawal is by nominee. ·
It is mandatory to attach
copy of intimation for
change in nominee in case intimation about change in the
name of the nominee. ·
It is mandatory to attach proof
of cessation of member in case of intimation of cessation of member. Any other information can be provided as an optional attachment(s). |
|
Common Instructions to fill eForm
|
Buttons |
Particulars |
|
Pre-Fill |
The Pre-fill button can appear more
than once in an eForm. The button appears
next to a field
that can be automatically filled
using the MCA database. Click this button
to populate the
field. Note: You are
required to be connected to the Internet to use the Pre-fill functionality. |
|
Verify details |
The Verify details button appears on the eForm to verify the name & address
details with the Income-tax PAN or passport number as entered by the
applicant. |
|
Attach |
Click this document to browse and select a document that needs to be
attached to the eForm. All the attachments should
be scanned in pdf
format. You have
to click the
attach button corresponding to the document you are making an attachment. |
|
Buttons |
Particulars |
|
|
In case
you wish to attach any
other document, please click
the optional attach
button. |
|
Remove Attachment |
You can view the attachments added to the eForm in the List of attachment field. To remove any attachment from the eForm, select the
attachment in the
List of attachment field
and click the Remove attachment button. |
|
Check Form |
1. Click the Check Form button after, filling the
eForm. System performs form level validation like checking if all mandatory
fields are filled. System displays the errors and provides you an opportunity to correct errors. 2.
Correct the highlighted errors. 3. Click the Check Form button again and. system
will perform form level validation once again. On successful validations, a
message is displayed “Form level pre scrutiny is successful”. Note: The Check
Form functionality does not require Internet connectivity. |
|
Modify |
The Modify button is enabled, after you have checked the eForm using
the Check Form button. To make changes to the filled
and checked form: 1. Click the Modify button. 2. Make the changes
to the filled eForm. 3. Click the
Check Form button to check the eForm again. |
|
Pre scrutiny |
1. After checking
the eForm, click the Prescrutiny button.
System performs some checks and displays errors, if any. 2.
Correct the errors. 3. Click the Prescrutiny button again. If there
are no errors, a message is displayed “No errors found.” The Prescrutiny functionality requires Internet
Connectivity. |
|
Buttons |
Particulars |
|
Submit |
This button
is disabled at present. |
|
Country code |
Enter the country code.
Refer Annexure A – List of ISO Country Codes. |
Part III - Important Points
for Successful Submission
|
S. No |
Purpose of the form |
Normal Fee |
Additional Fee (Delay
Fee) |
Logic for Additional Fees |
Remarks |
|
|
|
|
|
|
Event Date |
Time limit(days) for filing |
|
|
1. |
Form INC-4 (existing Company) |
The Companies (Fee for filings with Registrar of Companies) Rules, 2014 |
Notice of withdrawal of consent/change in nominee/cessation of
member |
30 days |
|
|
Fees payable is subject to changes in pursuance of the
Act or any rule or regulation made or notification issued thereunder.
The eForm will be auto approved.
On successful submission of the eForm INC-4, SRN will be generated and shown to the user which
will be used for future correspondence with MCA.
On successful submission of the eForm INC-4, Challan
will be generated depicting the
details of the fees paid by the user to the Ministry. It is the acknowledgement to the user that the eForm has been filed.
When an eForm is approved/rejected by the authority
concerned, an acknowledgement of approval/rejection with related documents, if
any is sent to the user in
the form of an email to the email id of the company.
List of ISO Country
Codes
|
Country Name |
Country Code |
Country Name |
Country Code |
|
AFGHANISTAN |
AF |
LIBERIA |
LR |
|
ÅLAND ISLANDS |
AX |
LIBYAN ARAB
JAMAHIRIYA |
LY |
|
ALBANIA |
AL |
LIECHTENSTEIN |
LI |
|
ALGERIA |
DZ |
LITHUANIA |
LT |
|
AMERICAN SAMOA |
AS |
LUXEMBOURG |
LU |
|
ANDORRA |
AD |
MACAO |
MO |
|
ANGOLA |
AO |
MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF |
MK |
|
ANGUILLA |
AI |
MADAGASCAR |
|
|
ANTARCTICA |
AQ |
MALAWI |
MW |
|
ANTIGUA AND BARBUDA |
AG |
MALAYSIA |
MY |
|
ARGENTINA |
AR |
MALDIVES |
MV |
|
ARMENIA |
AM |
MALI |
ML |
|
ARUBA |
AW |
MALTA |
MT |
|
AUSTRALIA |
AU |
MARSHALL ISLANDS |
MH |
|
AUSTRIA |
AT |
MARTINIQUE |
|
|
AZERBAIJAN |
AZ |
MAURITANIA |
MR |
|
BAHAMAS |
BS |
MAURITIUS |
MU |
|
BAHRAIN |
BH |
MAYOTTE |
YT |
|
BANGLADESH |
BD |
MEXICO |
MX |
|
BARBADOS |
BB |
MICRONESIA, FEDERATED STATES OF |
FM |
|
BELARUS |
BY |
MOLDOVA, REPUBLIC OF |
MD |
|
BELGIUM |
BE |
MONACO |
MC |
|
BELIZE |
BZ |
MONGOLIA |
MN |
|
BENIN |
BJ |
MONTENEGRO |
ME |
|
BERMUDA |
BM |
MONTSERRAT |
MS |
|
BHUTAN |
BT |
MOROCCO |
MA |
|
BOLIVIA |
BO |
MOZAMBIQUE |
MZ |
|
BOSNIA AND HERZEGOVINA |
BA |
MYANMAR |
|
|
BOTSWANA |
BW |
NAMIBIA |
|
|
BOUVET ISLAND |
BV |
NAURU |
|
|
BRAZIL |
BR |
NEPAL |
|
|
BRITISH INDIAN OCEAN TERRITORY |
IO |
NETHERLANDS |
NL |
|
BRUNEI DARUSSALAM |
BN |
NETHERLANDS ANTILLES |
|
|
BULGARIA |
BG |
NEW CALEDONIA |
|
|
Country Name |
Country Code |
Country Name |
Country Code |
|
BURKINA FASO |
BF |
NEW ZEALAND |
NZ |
|
BURUNDI |
BI |
NICARAGUA |
NI |
|
CAMBODIA |
KH |
NIGER |
NE |
|
CAMEROON |
CM |
NIGERIA |
NG |
|
CANADA |
CA |
NIUE |
NU |
|
CAPE
VERDE |
CV |
NORFOLK ISLAND |
NF |
|
CAYMAN
ISLANDS |
KY |
NORTHERN MARIANA ISLANDS |
MP |
|
CENTRAL AFRICAN REPUBLIC |
CF |
NORWAY |
NO |
|
CHAD |
TD |
OMAN |
OM |
|
CHILE |
CL |
PAKISTAN |
|
|
CHINA |
CN |
PALAU |
PW |
|
CHRISTMAS ISLAND |
CX |
PALESTINIAN TERRITORY, OCCUPIED |
|
|
COCOS (KEELING) ISLANDS |
CC |
PANAMA |
PA |
|
COLOMBIA |
CO |
PAPUA NEW GUINEA |
PG |
|
COMOROS |
KM |
PARAGUAY |
PY |
|
CONGO |
CG |
PERU |
PE |
|
CONGO, THE DEMOCRATIC |
CD |
PHILIPPINES |
PH |
|
REPUBLIC OF THE |
|||
|
COOK ISLANDS |
CK |
PITCAIRN |
PN |
|
COSTA RICA |
CR |
POLAND |
PL |
|
COTE D'IVOIRE |
CI |
PORTUGAL |
PT |
|
CROATIA |
HR |
PUERTO RICO |
PR |
|
CUBA |
CU |
QATAR |
QA |
|
CYPRUS |
CY |
REUNION |
RE |
|
CZECH REPUBLIC |
CZ |
ROMANIA |
RO |
|
DENMARK |
DK |
RUSSIAN FEDERATION |
RU |
|
DJIBOUTI |
DJ |
RWANDA |
RW |
|
DOMINICA |
DM |
SAINT BARTHELEMY |
BL |
|
DOMINICAN REPUBLIC |
DO |
SAINT HELENA |
SH |
|
ECUADOR |
EC |
SAINT KITTS
AND NEVIS |
KN |
|
EGYPT |
EG |
SAINT LUCIA |
LC |
|
EL SALVADOR |
SV |
SAINT MARTIN |
MF |
|
EQUATORIAL GUINEA |
GQ |
SAINT PIERRE AND MIQUELON |
|
|
ERITREA |
ER |
SAINT VINCENT AND THE GRENADINES |
|
|
ESTONIA |
EE |
SAMOA |
WS |
|
ETHIOPIA |
ET |
SAN MARINO |
SM |
|
FALKLAND ISLANDS (MALVINAS) |
FK |
SAO
TOME AND PRINCIPE |
|
|
Country Name |
Country Code |
Country Name |
Country Code |
|
FAROE ISLANDS |
FO |
SAUDI ARABIA |
SA |
|
FIJI |
FJ |
SENEGAL |
SN |
|
FINLAND |
FI |
SERBIA |
RS |
|
FRANCE |
FR |
SEYCHELLES |
SC |
|
FRENCH GUIANA |
GF |
SIERRA LEONE |
SL |
|
FRENCH POLYNESIA |
PF |
SINGAPORE |
SG |
|
FRENCH SOUTHERN TERRITORIES |
TF |
SLOVAKIA |
SK |
|
GABON |
GA |
SLOVENIA |
SI |
|
GAMBIA |
GM |
SOLOMON ISLANDS |
SB |
|
GEORGIA |
GE |
SOMALIA |
|
|
GERMANY |
DE |
SOUTH AFRICA |
ZA |
|
GHANA |
GH |
SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS |
|
|
GIBRALTAR |
GI |
SPAIN |
ES |
|
GREECE |
GR |
SRI LANKA |
LK |
|
GREENLAND |
GL |
SUDAN |
SD |
|
GRENADA |
GD |
SURINAME |
SR |
|
GUADELOUPE |
GP |
SVALBARD AND JAN MAYEN |
SJ |
|
GUAM |
GU |
SWAZILAND |
SZ |
|
GUATEMALA |
GT |
SWEDEN |
|
|
GUERNSEY |
GG |
SWITZERLAND |
CH |
|
GUINEA |
GN |
SYRIAN ARAB
REPUBLIC |
SY |
|
GUINEA-BISSAU |
GW |
TAIWAN, PROVINCE OF CHINA |
TW |
|
GUYANA |
GY |
TAJIKISTAN |
TJ |
|
HAITI |
HT |
TANZANIA, UNITED REPUBLIC OF |
TZ |
|
HEARD ISLAND AND MCDONALD |
HM |
THAILAND |
TH |
|
ISLANDS |
|||
|
HOLY SEE (VATICAN CITY STATE) |
VA |
TIMOR-LESTE |
TL |
|
HONDURAS |
HN |
TOGO |
TG |
|
HONG KONG |
HK |
TOKELAU |
|
|
HUNGARY |
HU |
TONGA |
|
|
ICELAND |
IS |
TRINIDAD AND
TOBAGO |
TT |
|
INDIA |
IN |
TUNISIA |
|
|
INDONESIA |
ID |
TURKEY |
TR |
|
IRAN, ISLAMIC REPUBLIC OF |
IR |
TURKMENISTAN |
TM |
|
IRAQ |
IQ |
TURKS AND CAICOS ISLANDS |
|
|
IRELAND |
IE |
TUVALU |
|
|
Country Name |
Country Code |
Country Name |
Country Code |
|
ISLE OF MAN |
IM |
UGANDA |
UG |
|
ISRAEL |
IL |
UKRAINE |
UA |
|
ITALY |
IT |
UNITED ARAB
EMIRATES |
AE |
|
JAMAICA |
JM |
UNITED KINGDOM |
GB |
|
JAPAN |
JP |
UNITED STATES |
US |
|
JERSEY |
JE |
UNITED STATES MINOR OUTLYING ISLANDS |
UM |
|
JORDAN |
JO |
URUGUAY |
UY |
|
KAZAKHSTAN |
KZ |
UZBEKISTAN |
UZ |
|
KENYA |
KE |
VANUATU |
VU |
|
KIRIBATI |
KI |
VENEZUELA, BOLIVARIAN REPUBLIC OF |
VE |
|
KOREA, DEMOCRATIC PEOPLE'S |
KP |
VIET NAM |
VN |
|
REPUBLIC OF |
|||
|
KOREA, REPUBLIC OF |
KR |
VIRGIN ISLANDS, BRITISH |
VG |
|
KUWAIT |
KW |
VIRGIN ISLANDS, U.S. |
VI |
|
KYRGYZSTAN |
KG |
WALLIS AND
FUTUNA |
WF |
|
LAO PEOPLE'S DEMOCRATIC |
LA |
WESTERN SAHARA |
EH |
|
REPUBLIC |
|||
|
LATVIA |
LV |
YEMEN |
YE |
|
LEBANON |
LB |
ZAMBIA |
ZM |
|
LESOTHO |
LS |
ZIMBABWE |
ZW |
Fee (in case of company having share capital)
|
Nominal Share Capital |
Fee applicable |
|
Less than 1,00,000 |
Rupees 200 |
|
1,00,000 to 4,99,999 |
Rupees 300 |
|
5,00,000 to 24,99,999 |
Rupees 400 |
|
25,00,000 to 99,99,999 |
Rupees 500 |
|
1,00,00,000 or more |
Rupees 600 |
Additional fees:
|
Period of delays |
Fee applicable |
|
Up to 30 days |
2 times of normal fees |
|
More than 30 days and up to 60 days |
4 times of normal fees |
|
More than 60 days and up to 90 days |
6 times of normal fees |
|
More than 90 days and up to 180 days |
10 times of normal fees |
|
More than 180 days |
12 times of normal fees |