Address Proofs as per the Rule 16(1)(n) of Companies Incorporation Rules, 2014

Rule 16(1)(n) of Companies Incorporation Rules, 2014 provides about the document that may be considered as Address Proof, the sub rule states:

“Residential proof such as Bank Statement, Electricity Bill, Telephone/Mobile Bill: provided that Bank Statement, Electricity Bill, Telephone or Mobile Bill shall not be more than two months old;”

The language of sub-rule 16(1)(n), “Residential proof such as…..” indicates that it is inclusive one, and so, it may include other valid residential proofs also like Voters Identity Card, Passport, Driving License, AADHAR Card etc,. On the other hand, if we see the language of sub-rule 16(1)(m), it is exclusive one; it clearly and categorically restricts ‘Identity Proofs’ to the specific ones by the words “….any one of the following”.

From the above it follows that the valid residential proofs other than “Bank Statement, Electricity Bill, Telephone/Mobile Bill” can be attached while e-filing Form DIR-3-KYC and also while applying for incorporation of a new company, and if MCA Portal doesn’t provide for the option of attaching such other valid residential proof, it should modify the relevant Form accordingly.

- 08/08/2018

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