Form of application for approval of the Central Government for the appointment of sole buying agent by a company
Download Company Law Form II: Form No II used as a Form of application for approval of the Central Government for the appointment of sole buying agent by a company
How to e-file Form II
1. Enter the ‘Corporate Identity Number’ (CIN) of the company You may find CIN by entering existing registration number or name of the company in the‘Find CIN/GLN’ service at the MCA21 portal and Find Details of Company CIN, GLN, LLPIN using Name of Company, ROC registration number etc.
2. Click the “Pre-fill” button.System will automatically display the name and registered office address of the company.
3. If your company has bought any goods or commodities or raw material through agents during the last three years then enter the details for the same for the last three years. In the given three blocks separately for all goods.
- Enter the description of the goods or commodities bought and of the raw material purchased.
- Enter financial year for which the details to be entered, and enter unit of measurement, and enter quantity with its value for purchased, consumed and stock left over quantity.
4. If your company has purchased any goods through sole agent during the last three years then provide the following details for the same:
- Financial year in which goods have been purchased with the description of the purchase.
- Unit of measurement, quantity and value of purchase and name of agent through whom goods have been purchased.
- Rate of commission and the amount of commission paid.
5. If proposed sole buying agent is a company then enters CIN of the company You may find CIN by entering existing registration number or name of the company in the‘Find CIN/GLN’ service at the MCA21 portal
Click the “Pre-fill’ button.
System will automatically display the name and registered office address of the sole selling agent companyPlease enter the complete address if the address displayed is not completeEnter the nature of organisation and principal business of the sole selling agent company If proposed sole buying agent is a person or a firmEnter the name, nature of organisations, address and principal business of the person or firm
6. Describe the structure and size of the business organization of the sole buying agent which would be utilized for conducting the purchase on behalf of the company.
7.If you are reappointing the sole buying agent then enter details relating to the previous appointment:Period of previous appointment Rate of commission paid during that period.
8. If your company has appointed other sole buying agents in some other areas for same kind of goods purchased then specify the term of remuneration paid/payable to those agents.
9.Select whether any expenditure has been incurred in the last three years by the sole buying agents over the organization for buying arrangements, if yes then enter:
- Financial year in which expenditure incurred, name of the agent and the amount of expenditure.
10. Enter following details for if remuneration paid to the buying agents during the last three years:
- Financial year in which remuneration paid, name of the agents and the amount of remuneration.
11. Enter the service request number (SRN) and details of eForm 23 filed with registrar of companiesNote: In case the existing company does not have the service request number (SRN) of eForm 23, enter “Z99999999” as SRN of eForm 23 and attach the resolution passed for the appointment of sole agent as an optional attachment
12. In case there is existing buying arrangement through sole buying agent or otherwise and expenditure incurred for the last three years, if any, by the company:
Specify the existing buying arrangements and following details of expenditure incurred by the company:Financial year in which expenditure incurred, name of the agent and the amount of
13. In case the person proposed to be appointed as sole buying agent is also acting as agent for other companies then enter the following details:
- Name of the company with CIN of the company where he is acting as sole buying agent.
- Description of the goods or commodities or raw material bought.
- Amount of purchase, unit of quantity and quantity and value of purchase.
- Remuneration received by the agent.
- Copy of proposed agreement with the proposed appointee is compulsory attachment.
- Copy of certificate from the auditor of the sole buying agent certifying the figure of expenditure.
- Details of the interest of the sole buying agent in the shares of the company- if any. (Refer format 1 below)
- Copy of the particulars of directorship in the company held or controlled by the sole buying agent-if any. (Refer format 2 below)
- Details of persons and their relationship to the directors of the buying agency-if any. (Refer format 3 and 4 below)
- Any other information can be provided as an optional attachment.
Enter the date of board resolution authorising the signatory to sign and submit this application
The eForm should be digitally signed by managing director or director or manager or secretary of the company duly authorised by the board of directors