Certificate of Incumbency

The Certificate of Incumbency India is not directly prescribed by a single statute but derives its authority from the Companies Act, 2013. Under Section 2(60) of the Companies Act, 2013, a 'key managerial personnel' includes the managing director, whole-time director, manager, and company secretary. The certificate is typically issued under the seal of the company and signed by the company secretary or a director, confirming the incumbency of officers as per the company's records maintained under the Act.

The Certificate of Incumbency India is issued by the company itself, but the underlying records are maintained with the Ministry of Corporate Affairs (MCA). The MCA portal (www.mca.gov.in) provides access to the company's master data, including director details, through the 'View Public Document' facility. However, the certificate itself is a private document prepared by the company's secretary or authorized representative.

To obtain a Certificate of Incumbency India, the company must first ensure its records (e.g., Register of Directors, Register of Members) are up to date. The company secretary or a director then drafts the certificate listing the current incumbents. The certificate is signed by the company secretary or two directors, and the company seal is affixed. No filing with the MCA is required for the certificate itself, but the underlying changes (e.g., appointment of directors) must have been filed in Form DIR-12 with the MCA.

While no specific form exists for the certificate, the following MCA forms are relevant to maintain accurate incumbency records:

• Form DIR-12: For appointment, resignation, or change of directors.
• Form MGT-7: Annual return containing details of directors and shareholders.
• Form AOC-4: Financial statements that may list key managerial personnel.

The certificate itself is a custom document, but it should reference the company's CIN and the date of the last annual return.

Any company registered under the Companies Act, 2013 can obtain a Certificate of Incumbency India. There is no specific eligibility requirement other than the company being in good standing (i.e., not struck off or under liquidation). The certificate is typically requested by foreign entities, banks, or regulatory authorities to verify the company's current management.

The timeline for obtaining a Certificate of Incumbency India depends on the company's record-keeping. If records are up to date, the certificate can be prepared and issued within a few business days. No statutory timeline is prescribed.

There is no government fee for issuing a Certificate of Incumbency India. The company may charge a nominal fee for preparing the certificate, but this is not regulated. The following table shows typical government fees for related filings (e.g., Form DIR-12) under the Companies Act, 2013:

Note: These fees are subject to change and may vary based on company's paid-up capital.