Form No. 58 Companies Act 1956 Template

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FORM NO. 58 of the Companies Act, 1956 Format

Struggling to appoint a managing director or manager compliantly? Get our ready-to-use FORM NO. 58 of the Companies Act, 1956 Format for instant download in PDF or Word format, customizable for your company's needs in India.

What is FORM NO. 58 of the Companies Act, 1956?

FORM NO. 58 of the Companies Act, 1956 is a statutory legal template required under Section 264(2) read with Section 309(1) of the Act. It serves as the official consent form where an individual agrees to act as a managing director (MD), whole-time director (WTD), or manager of a company. This form is filed with the Registrar of Companies (ROC) in India to formalize the appointment and ensure regulatory compliance. Whether you're a private limited company, public company, or LLP transitioning structures, this FORM NO. 58 Format is essential for documenting consent before board resolutions and ROC filings.

Our SEO-optimized FORM NO. 58 of the Companies Act, 1956 sample is designed by legal experts, making it a reliable ready-to-use document for businesses across India.

Why is FORM NO. 58 of the Companies Act, 1956 Important?

Under the Companies Act, 1956, every company appointing an MD, WTD, or manager must obtain and file this written consent within 30 days of appointment to avoid penalties, including fines up to ₹5,000 per day of default. It protects the company from legal disputes by proving voluntary agreement on terms like tenure, remuneration, and responsibilities. In today's regulatory environment, even post-Companies Act, 2013 transition, legacy companies and certain filings still reference this format. Using a precise FORM NO. 58 Format ensures adherence to MCA guidelines, safeguards directorial liabilities, and streamlines corporate governance.

Key benefits include:

ROC Compliance: Mandatory for Form 32 or DIN-related filings.
Risk Mitigation: Prevents invalid appointments.
Professionalism: Ready-to-use template saves time and legal costs.

Key Elements of FORM NO. 58 of the Companies Act, 1956 Format

A standard FORM NO. 58 legal template includes:

Company Details: Name, CIN, registered office address.
Appointee Information: Full name, father's name, DIN/PAN, address, nationality.
Consent Declaration: Explicit agreement to act as MD/WTD/Manager.
Appointment Terms: Proposed period, remuneration (if any), other conditions.
Verification and Signature: Dated declaration with witness if required.
Annexures: Supporting documents like board resolution.

Our customizable FORM NO. 58 of the Companies Act, 1956 Format in Word/PDF allows easy editing for specifics like variable remuneration or special resolutions.

Who Should Use FORM NO. 58 Format?

This form is crucial for:

Private and Public Companies in India appointing executive directors.
Startups and SMEs scaling management structures.
Family Businesses formalizing managerial roles.
Compliance Officers handling ROC e-filings.

Common use cases include new incorporations, board restructurings, or replacing directors under Section 269.

Download FORM NO. 58 of the Companies Act, 1956 Now!

Ready to secure your appointment? Download our free FORM NO. 58 of the Companies Act, 1956 Format today. Choose PDF for printing or Word for AI-assisted customization. Upgrade to premium legal templates with expert review for just a few clicks.

Final Note

While our FORM NO. 58 Format is ready-to-use and compliant, it's advisable to consult a company secretary or lawyer for tailored advice, especially under updated Companies Act, 2013 provisions. Customize easily with our AI tools or professional help. Explore related legal templates like Form 32, Board Resolution for MD Appointment, or other Companies Act, 1956 formats for complete corporate compliance in India.

FORM NO. 58 OF THE COMPANIES ACT, 1956

Non-Judicial

FORM No. 58

Registration No. of Company F.

THE COMPANIES ACT, 1956

Particulars of series of debentures containing, or giving by reference to any other instrument, any charge, the benefit of which the debenture holders of the said series are entitled pari passu created by a foreign company

[Pursuant to section 600 read with sections 128 and 129]

This Form is to be used for registration of particulars of the entire series. When more than one issue of debentures in the series is made, particulars, of each issue subsequent to the first should be sent to the Registrar on Form No. 57

Name of Company

Presented by

Particulars of a series of debentures created by ....................................a company incorporated in2 .............................and which has established a principal place of business in India at ........................................................................................

Total amount secured by the whole series

Amount of the present issue of the series

Dates of resolutions authorising the issue of the series

Date of the covering deed (if any) by which the security is created or defined or if there is no such deed, the date of the first execution of any debentures of the series3

General description of the property charged

Gist of the terms and conditions and extent and operation of the mortgage or charge

Names and addresses of the trustees (if any) for the debenture-holders

Amount or rate per cent of the commission allowance or discount (if any) paid, or made either directly by the company to any person in consideration of his subscribing or agreeing to subscribe whether absolutely or conditionally or procuring or agreeing to procure subscriptions, whether absolute or conditional for any of the debentures included in this return'

Signature or signatures of one or more persons???????????????

authorised under section 592(1)(d) of the??????????????????

Companies Act, 1956 or of some other person????????????????

in India, duly authorised by the company????..?????????????.

Dated the ????????????.day of ??????????.19

"Charge" includes a mortgage - see section 124.
Country of origin.
A description of the instrument(s) creating or evidencing the charge, e.g. "Mortgage","Charge", "Debenture" etc., with the date thereof should be given. If the registered charge was a "Series of Debentures or Debenture Stock", the words "authorised by resolution",together with the date of the resolution should be added.
The rate of interest under the terms of the debentures should not be entered.

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Important Guidelines

As of my last knowledge update in January 2022, there isn't a specific "Form No. 58" under the Companies Act, 1956. The Companies Act, 1956, has been replaced by the Companies Act, 2013, and the corresponding forms have been updated accordingly.

However, if Form No. 58 refers to a specific document or form under an amendment or later development, it's crucial to consult the latest provisions and updates to ensure compliance. Here are general guidelines for drafting any form under company law:

Accurate Identification: Clearly identify the form number and the specific purpose for which it is being used. Ensure that it aligns with the relevant provisions of the Companies Act.

Completeness of Information: Provide all required details accurately. Incomplete or inaccurate information may lead to delays or non-compliance.

Legal Compliance: Ensure that the form complies with the current Companies Act, rules, and regulations. Stay updated with any amendments or notifications.

Clarity in Language: Use clear and unambiguous language. Avoid jargon or technical terms that may lead to confusion.

Common Mistakes to Avoid:

Ignoring Updates: Companies laws are subject to amendments. Ensure that the form is aligned with the latest provisions by checking for updates and amendments.

Incomplete Submission: Verify that all required fields are filled, and necessary documents are attached. Incomplete submissions may result in rejection.

Incorrect Form Selection: Verify that you are using the correct form for the intended purpose. Using the wrong form may lead to non-compliance.

Procrastination: Ensure timely submission. Late submissions may attract penalties or result in non-acceptance.

Always refer to the latest official resources or seek legal advice to draft and submit any form under company law accurately and in compliance with the prevailing regulations.

Frequently asked questions

What is Form No. 58 under the Companies Act, 1956?→

Form No. 58 is a statutory notice issued by the Registrar of Companies (ROC) to the state ROC, confirming the filing of the Declaration of Compliance under Section 149(1) for company incorporation in India.

Is Form No. 58 still valid under the Companies Act, 2013 in India?→

Form 58 relates to the repealed Companies Act, 1956. For current company registration, use updated forms like INC-9 or SPICe+ on the MCA portal for legal validity in India.

When and by whom is Form No. 58 used?→

It was used by the ROC during company formation to notify compliance with registration requirements. Companies or professionals reference it for historical incorporations in India.

In what format can I download Form No. 58?→

Form No. 58 is available for free download in editable Word and PDF formats from MCA archives or legal template sites for reference in Indian company law matters.

Can I customize or edit Form No. 58?→

Yes, the Word version of Form No. 58 is fully customizable—edit company details, dates, and clauses before use, but ensure compliance with current MCA rules in India.

Does Form No. 58 require stamp duty or court fees in India?→

No stamp duty or court fees are required for Form 58, as it is an ROC notice. Only nominal filing fees apply under the Companies Act provisions.