Download Entrepreneurs Memorandum Form for Setting Up Micro, Small or Medium Enterprise

AMENDED FORMAT FOR THE ENTREPRENEURS' MEMORANDUM UNDER THE MSMED ACT 2006 AFTER INCLUSION OF THE AMENDMENTS VIDE NOTIFICATION NO. S.O.941(E) DATED 07.6.2007 AND NOTIFICATION NO. S.O.200(E) DATED 16.1.2009. Schedule I Form No. ------------ Entrepreneurs Memorandum For Setting Up Micro, Small or Medium Enterprise GENERAL INSTRUCTIONS 1. MEMORANDUM IS TO BE FILED WITH THE DISTRICT INDUSTRIES CENTRE*, BY A MICRO, SMALL OR MEDIUM ENTERPRISE, AS THE CASE MAY BE, UNDER SUB-SECTION (1) OF SECTION 8 OF THE MICRO, SMALL & MEDIUM ENTERPRISES DEVELOPMENT (MSMED) ACT, 2006. 2. THREE COPIES OF MEMORANDUM FOR MICRO AND SMALL ENTERPRISES AND FOUR COPIES FOR MEDIUM ENTERPRISES SHOULD BE FILED. 3. THERE IS NO FEE FOR PROCESSING THE MEMORANDUM. 4. EXISTING UNITS SHOULD FILL UP ONLY PART II OF THE MEMORANDUM. 5. IN CASE OF ANY CHANGE IN THE INFORMATION, AT ANY POINT OF TIME, PLEASE INFORM THE DETAILS WITHIN THREE MONTH TO DIC. 6. WRITE / TYPE IN BLOCK (CAPITAL) LETTERS 7. LEAVE ONE BLANK BOX AFTER EACH WORD. 8. FILL UP WHICHEVER IS APPLICABLE. 9. ALL CODES OTHER THAN PIN CODE SHALL BE FILLED BY THE OFFICE. 10. FORM WILL BE MACHINE NUMBERED BY THE DISTRICT INDUSTRIES CENTRE. * To be filed at the DIC under whose jurisdiction the enterprise is proposed to be located. Form No. ------------FOR OFFICE USE ONLY DATE OF ISSUE NATURE OF ACTIVITY (MANUFACTURING-1, SERVICE-2) CATEGORY OF ENTERPRISE (MICRO-1, SMALL -2, MEDIUM - 3) ENTREPRENEURS MEMORANDUM NUMBER (First two boxes are for State/UT code, next three boxes are for District code, sixth and seventh boxes are for category of enterprise (sixth box for indicting manufacturing or service and seventh box for indicating micro or small or medium) and last five boxes are for EM number) Form No. ------------ PART I (To be filled in as expression of intent) 1. NAME OF APPLICANT 2. (a) ADDRESS OF COMMUNICATION (b) PERMANENT RESIDENTIAL ADDRESS (MAIN APPLICANT) 3. NAME OF PROPOSED ENTERPRISE (if decided) 4. PROPOSED LOCATION OF ENTERPRISE (i) VILLAGE / TOWN CODE CODE (iii) DISTRICT CODE (iv) STATE CODE (v) PIN CODE (vi) AREA ; ( RURAL -1 , URBAN -2) 5. CATEGORY OF ENTERPRISE (MICRO-1, SMALL -2, MEDIUM - 3) 6. NATURE OF ACTIVITY [Tick Appropriate Box(es)] (i) MANUFACTURE (ii) SERVICE 7. NATURE OF OPERATION (Perennial-1, Seasonal-2, Casual-3) 8. WHETHER THE UNIT WILL BE AN ANCILLARY ( Yes-1, No-2) 9. PROPOSED SCHEDULE OF INSTALLATION OF PLANT & MACHINERY 10. TYPE OF ORGANIZATION (PROPRIETARY-1, HUF -2, PARTNERSHIP-3, CO-OPERATIVE -4, PVT. LTD. COMPANY -5, PUBLIC LIMITED COMPANY-6, SELF-HELF GROUP-7, OTHERS-8) 11. (a) MAIN MANUFACTURING/SERVICE ACTIVITY. (b) PRODUCTS TO BE MANUFACTURED/SERVICE TO BE PROVIDED. (*) Codes for activities and products/services as per classification specified from time to time by the office of the Development Commissioner (Small Scale Industries), to be filled in by District Industries Centre or the office where the Entrepreneurs' Memorandum is to be submitted. (ADD ADDITIONAL SHEET FOR MORE PRODUCTS) 12. (a) PROPOSED INVESTMENT IN FIXED ASSETS [Rupees lakh] (i) LAND (OWNED-01/RENTED-02/ LEASED-03) APPROXIMATE VALUE* (ii) BUILDING (OWNED-01/RENTED-02/ LEASED-03) APPROXIMATE VALUE* (iii) PLANT & MACHINERY VALUE* (In case of manufacturing enterprise) (iv) EQUIPMENT (In case of service enterprise) VALUE* (v) FOREIGN EQUITY, IF ANY VALUE* [* The value in the boxes should be filled from right side e.g. if the value is Rs.10 lakh it should be 1 0 written as. This will also apply to all other items (rows) where quantity, number, etc., to be given] 13. INSTALLED CAPACITY (proposed) PER ANNUM (i) PLANT A PRODUCT............... PRODUCT............... PRODUCT............... PRODUCT............... (ii) PLANT B QTY UNIT PRODUCT............... PRODUCT............... PRODUCT............... PRODUCT............... 14. POWER LOAD (ANTICIPATED) H.P / K.W. 15. (a) (i) OTHER SOURCE OF ENERGY/POWER [IF REQUIRED] (NO POWER NEEDED -1, COAL-2, OIL-3, LPG-4, ELECTRICITY FROM GRID-5, ELECTRICITY FROM GENERATOR- 6, NON-CONVENTIONAL ENERGY -7, TRADITIONAL ENERGY / FIREWOOD-8) (ii) If no power required, specify reasons; (b) INDICATE ANNUAL REQUIREMENT SOURCE OF ENERGY ......................................... ........................................... ........................................... 16. EXPECTED EMPLOYMENT (Nos.) (i) MANAGEMENT & OFFICE STAFF (ii) SUPERVISORY (iii) WORKERS 17. ENTREPRENEURS' PROFILE (OF ALL PARTNERS/DIRECTORS OF THE (i) MALE (M) / FEMALE (F) (ii) SC (1) / ST (2) / OBC (3) / OTHERS (4) PHYSICALLY CHALLENGED (5) (iii) KNOWLEDGE LEVEL [TECHNICAL GRADUATE- 1, MANAGEMENT GRADUATE-2, POST GRADUATE-3,OTHER GRADUATE-4, UNDERGRADUATE-5, ANY OTHER LOWER-6] (iv) EQUITY PARTICIPATION (in Rupee.) (Percentage of total equity ) (v) STAKE IN OTHER MANUFACTURING ENTERPRISES (Yes-1, No-2) [ADD ADDITIONAL SHEET, IF NEEDED] 18. DATE: PLACE: [SIGNATURE OF THE APPLICANT /AUTHORISED PERSON] NAME OF THE PROPRIETOR/PARTNER/ MANAGING DIRECTOR (a) Enclose a self-certified copy of Power of Attorney/Board Resolution/Society Resolution, wherever applicable, while signing as Partner/Managing Director or Authorised Person. (b) Enclose a certified/notarized copy of the Partnership Deed/Memorandum of Association/Articles of Association in case of Medium Enterprises. Undertaking This is to certify that the information furnished in the memorandum in FORM NO. ........ is true and correct to the best of my knowledge and belief. DATE: PLACE: [SIGNATURE OF THE APPLICANT /AUTHORISED PERSON] Form No. ------------ ACKNOWLEDGEMENT ' " PART-I" M/S. .................... HAS FILED MEMORANDUM EXPRESSING ITS INTENT TO SET UP A .............. (MANUFACTURING/SERVICE) ENTERPRISE AT THE ADDRESS .... PIN ..... FOR THE ITEM/ITEMS INDICATED BELOW AND THE ACTIVITY IS PROPOSED TO COMMENCE FROM THE (DATE) ......... AS STATED IN FORM NO..........AND ALLOCATED ENTREPRENEURS' MEMORANDUM NO. AS BELOW: DETAILS OF ITEM/ITMES TO BE MANUFACTURED/SERVICE TO BE PROVIDED. Sl. No. Items of Manufacture/type of service to be rendered Capacity in case of manufacture 1...................... ........ 2...................... ....... 3...................... ......... 4....................... ........ 5...................... ........ 6...................... ......... (ADD ADDITIONAL SHEET IF REQUIRED) NOTE: THE ISSUE OF THIS ACKNOWLEDGEMENT DOES NOT BESTOW ANY LEGAL RIGHT. THE ENTERPRISE IS REQUIRED TO SEEK REQUISITE CLEARANCE/LICENCE/ PERMIT REQUIRED UNDER STATUTORY OBLIGATION STIPULATED UNDER THE LAWS OF CENTRAL GOVERNMENT/STATE GOVERNMENT/UT ADMINISTRATIONS/ COURT ORDERS'. DATE OF ISSUE NATURE OF ACTIVITY (MANUFACTURING-1, SERVICES-2) CATEGORY OF ENTERPRISE (MICRO-1, SMALL -2, MEDIUM - 3 ) ENTREPRENEURS MEMORANDUM NUMBER [First two boxes are for State/UT code, next three boxes are for District code, sixth and seventh boxes are for category of enterprise (sixth box for indicting manufacturing or service and seventh box for indicating micro or small or medium) and last five boxes are for EM number] This acknowledgement is valid for a period of two years from the date of issue. DATE: PLACE: SIGNATURE WITH OFFICE SEAL PART II Form No. -----------­ (To be filled up and submitted to District Industries Centre after commencement of production/activity) [THE ROWS WHICH HAVE BEEN REPEATED NEED TO BE FILLED ONLY TO THE EXTENT THAT THE ACTUAL DETAILS ON COMMENCEMENT VARY FROM THOSE IN PART-I] I. EM NUMBER (Part I) II. DATE OF ISSUE M M Y Y Y Y III. MONTH OF COMMENCEMENT OF PRODUCTION / ACTIVITY 1. NAME OF APPLICANT 2. (a) ADDRESS OF COMMUNICATION (b) PERMANENT RESIDENTIAL ADDRESS (MAIN APPLICANT) (iv) WEB-SITE 3. NAME OF ENTERPRISE 4. LOCATION OF ENTERPRISE (i) VILLAGE / TOWN CODE CODE (iii) DISTRICT CODE (iv) STATE CODE (v) PIN CODE (vi) AREA ; ( RURAL -1 , URBAN -2) 5. CATEGORY OF ENTERPRISE (MICRO-1, SMALL -2, MEDIUM - 3) 6. NATURE OF ACTIVITY [Tick Appropriate Box(s)] (i) MANUFACTURE (ii) SERVICE 7. NATURE OF OPERATION (Perennial-1, Seasonal-2, Casual-3) 8. WHETHER THE UNIT IS AN ANCILLARY ( Yes-1, No-2) 9. MONTH OF INSTALLATION OF PLANT & MACHINERY 10. WHETHER THE UNIT IS REGISTERED UNDER FACTORY ACT ( Under Section 2m(i)/2m(ii)-1, 85)I)/85(ii)-2, not registered -3) 11. TYPE OF ORGANIZATION [PROPRIETORY-1, HUF -2, PARTNERSHIP-3, CO-OPERATIVE -4, PVT. LTD. COMPANY -5, PUBLIC LIMITED COMPANY-6, SELF-HELP GROUP-7, OTHERS-8] 12. (a) MAIN MANUFACTURING/SERVICE ACTIVITY (b) PRODUCTS TO BE MANUFACTURED/SERVICE TO BE PROVIDED (*) Codes for activities and products/services as per classification specified from time to time by the office of the Development Commissioner (Small Scale Industries), to be filled in by District Industries Centre or the office where the Entrepreneurs' Memorandum is to be submitted. (ADD ADDITIONAL SHEET FOR MORE PRODUCTS) 13. (a) INVESTMENT IN FIXED ASSETS [In Rupees lakh] 14. INSTALLED CAPACITY PER ANNUM (i) LAND (OWNED-01/RENTED-02/ LEASED-03) VALUE* (ii) BUILDING (OWNED-01/RENTED-02/ LEASED-03) VALUE* (iii) PLANT & MACHINERY VALUE* (In case of manufacturing unit) (iv) EQUIPMENTS (In case of servicing unit) VALUE* (v) FOREIGN EQUITY , IF ANY VALUE* (iii) PLANT A QTY UNIT PRODUCT............... PRODUCT............... PRODUCT............... PRODUCT............... (iv)PLANT B QTY UNIT PRODUCT............... PRODUCT............... PRODUCT............... PRODUCT............... 15. POWER LOAD H.P / K.W. 16 . (a) (i) OTHER SOURCE OF ENERGY/POWER [IF REQUIRED] (NO POWER NEEDED -1, COAL-2, OIL-3, LPG-4, ELECTRICITY FROM GRID-5, ELECTRICITY FROM GENERATOR- 6, NON-CONVENTIONAL ENERGY -7, TRADITIONAL ENERGY/FIREWOOD-8) (ii) If no power required, specify reasons; (b) INDICATE ANNUAL REQUIREMENT SOURCE OF ENERGY ............................................................ ........................................................... ............................................................ 17. EMPLOYMENT (i) MANAGEMENT & OFFICE STAFF MALE FEMALE ( Nos.) (Nos.) (ii) SUPERVISORY (iii) WORKERS 18. TOTAL ANNUAL TURNOVER (in Rupee.) (If less than one year of operation, then expected turnover) 19. EXPORT (if any) (in Rupee) 20. ENTREPRENEURS' PROFILE (OF ALL PARTNERS/DIRECTORS OF THE ORGANISATION- USE SEPARATE SHEETS, IF NEEDED) (a) NAME (i) MALE (M) / FEMALE (F) (ii) SC (1) / ST (2) / OBC (3) / OTHERS (4) PHYSICALLY CHALLENGED (5) (iii) KNOWLEDGE LEVEL [TECHNICAL GRADUATE- 1, MANAGEMENT GRADUATE-2, POST GRADUATE-3, OTHER GRADUATE-4, UNDERGRADUATE-5, ANY OTHER LOWER -6] (iv) EQUITY PARTICIPATION (in Rs.) (in % of total equity ) (v) STAKE IN OTHER MANUFACTURING ENTERPRISES (Yes-1, No-2) [ADD ADITIONAL SHEET, IF NEEDED] 21. DATE OF COMMENCEMENT OF PRODUCTION / ACTIVITY D D M M Y Y Y Y DATE: PLACE: [SIGNATURE OF THE APPLICANT /AUTHORISED PERSON] NAME OF THE PROPRIETOR/PARTNER/ MANAGING DIRECTOR (a) Enclose a self-certified copy of Power of Attorney/Board Resolution/Society Resolution, wherever applicable, while signing as Partner/Managing Director or Authorised Person. (b) Enclose a certified/notarized copy of the Partnership Deed/Memorandum of association/Articles of Association in case of Medium Enterprises. Undertaking This is to certify that the information furnished in the Memorandum in Form No. ....is true and correct to the best of my knowledge and belief. I/we have obtained approval/consent/license/permit from the concerned Ministry/Department of Central Government/State Government/UT Administration as per statutory requirements. DATE: PLACE: [SIGNATURE OF THE APPLICANT /AUTHORISED PERSON] Form No. ------------ ACKNOWLEDGEMENT PART-II 1. M/S. ... HAS FILED MEMORANDUM FOR A .... (MANUFACTURING/SERVICE) ENTERPRISE AT THE ADDRESS .... PIN ..... FOR THE ITEM/ITEMS INDICATED BELOW AS PER THE FACTS STATED IN FORM NO......AND ALLOCATED ENTREPRENEURS' MEMORANDUM NO. AS BELOW: 2. DETAILS OF ITEM/ITMES TO BE MANUFACTURED/SERVICE TO BE PROVIDED. Sl. No. Items of Manufacture/type of service to be rendered Capacity in case of manufacture Initial date of production/ commencement of service 1. 2. 3. 4. 5. (add additional sheet if required) 3. DETAILS OF PLANT AND MACHINERY AS PER DATE-WISE INVESTMENT Sl. No. Investment in Plant and Machinery/Equipments Date of Investment 1. 2. 3. (add additional sheet if required) 4. NOTE: THE ISSUE OF THIS ACKNOWLEDGEMENT DOES NOT BESTOW ANY LEGAL RIGHT. THE ENTERPRISE IS REQUIRED TO SEEK REQUISITE CLEARANCE/ LICENCE/ PERMIT REQUIRED UNDER STATUTORY OBLIGATION STIPULATED UNDER THE LAWS OF CENTRAL GOVERNMENT / STATE GOVERNMENT/ UT ADMINISTRATION / COURT ORDERS.'; 5. DATE OF CHANGE OF CATEGORY FROM MICRO/SMALL TO SMALL/MEDIUM OR VICE VERSA. D D M M Y Y Y Y 6. DATE OF ISSUE 7. NATURE OF ACTIVITY (MANUFACTURING-1, SERVICES-2) 8. CATEGORY OF ENTERPRISE (MICRO-1, SMALL -2, MEDIUM - 3 ) 9. ENTREPRENEURS MEMORANDUM NUMBER [First two boxes are for State/UT code, next three boxes are for District code, sixth and seventh boxes are for category of enterprise (sixth box for indicating manufacturing or service and seventh box for indicating micro or small or medium) and last five boxes are for EM number] DATE: PLACE: SIGNATURE WITH OFFICE SEAL Schedule II Procedure of Filing of Entrepreneurs Memorandum and other matters, incidental thereto: 1. Form of the Entrepreneurs Memorandum can be downloaded from the internet, the address of which from Directorate dealing with Micro, Small & Medium Enterprises of the State Governments can be obtained / UTs. or the hard copies of the same can be obtained from the District Industries Centers. This form can also be downloaded from the Small Industries Development Organisation website i.e. www.laghu-udyog.com or www.smallindustryindia.com 2. Any person who intends to establish a micro or small enterprise, at his discretion; or a medium enterprise engaged in providing or rendering of services may, at his discretion or a medium enterprise engaged in the manufacture or production of goods shall file the Memorandum of Micro, Small or as the case may be, of Medium Enterprise with District Industries Centre of its area. 3. The District Industries Centre shall fill all the codes in the form of the Memorandum and issue an acknowledgement after allotting an EM number, date of issue and category of the unit within five days of the receipt of the form of Memorandum by post or same day, if the form of Memorandum is submitted in person as well as online. 4. Before issuing the acknowledgement, the District Industries Centers shall make sure that the form is complete in all respect and particularly the form is signed and is accompanied with an undertaking, which is a part of the form of Entrepreneurs Memorandum. 5. The District Industries Centre shall maintain record of all the Entrepreneurs Memorandum so filed in respect of micro, small and medium enterprises engaged in providing and rendering services. District Industries Centers shall forward a copy of the Entrepreneurs Memorandum so filed with EM number allotted to the Small Industries Service Institutes of their State/Jurisdiction. 6. The District Industries Centre shall maintain record of all the Entrepreneurs Memorandum so filed in respect of medium enterprises engaged in production/manufacturing of products and forward one copy each of the Entrepreneurs Memorandum with EM number allotted to Small Industries Service Institutes of their State/Jurisdiction and to Joint Development Commissioner (MSME Pol.) in the Office of the Development Commissioner (Small Scale Industries). 7. The form of Memorandum is in two parts. Any person who intends to establish a micro, small or medium enterprise engaged in providing or rendering of services may file or those who want to establish medium enterprise engaged in the production or manufacture of products shall file Part 1 of the Entrepreneurs Memorandum to District Industries Centre. 8. Once the above enterprises start production or start providing or rendering services, they should file Part II of the Entrepreneurs Memorandum to District Industries Centre. 9. In case of non-filing of Part II of the Entrepreneurs Memorandum within two years of the filing of Part I, the Memorandum (Part I) filed by the entrepreneur will become invalid. 10. In case of change in the investment in plant and machinery or in equipment, the enterprises who have already filed Entrepreneurs Memorandum should inform the District Industries Centre of the same in writing within three month of the change in investment. 11. In case of change of products and that of services or addition in products or services, the enterprises who have already filed Entrepreneurs Memorandum should inform the District Industries Centre of the same in writing within three month of the change. 12. The District Industries Centre shall, in addition of keeping a record, in writing, shall also maintain records electronically on computer. 13. The Acknowledged Entrepreneurs' Memorandum shall be liable to be cancelled in case the unit is found closed for more than 6 months or furnished wrong information in the Entrepreneurs' Memorandum filed or did not follow the instructions at serial number 10 of this Schedule (to be initiated based on any complaint in writing followed by an enquiry under an official not below the authority notified for accepting the Entrepreneurs' Memorandum under the provisions of sub­sections (3) and (4) of section 8 of the said Act. 14. The enterprise has to file the Entrepreneurs' Memorandum Part II again, in case, the status of the enterprise changes from micro to small or small to medium or vice versa, as a result of enhancement/decrease in the investment in plant and machinery/equipments. In such cases, the acknowledgement issued earlier need to be cancelled and the letter of cancellation along with the copy of the cancelled acknowledgement (certified) should be provided to the industrialist so that it may take benefit, if any, for that period of functioning. 15. Out of the three copies of the Entrepreneurs' Memorandum filed by the Micro and Small enterprises (both manufacturing and service), first should be retained by the District Industries Centre, second returned to the Enterprise with Entrepreneurs' Memorandum No. allotted, and third should be forwarded to Micro, Small and Medium Enterprises Development Institute concerned. 16. Out of the four copies of the Entrepreneurs' Memorandum filed by the medium enterprises (both manufacturing and service), first should be retained by the District Industries Centre, second returned to the Enterprise with Entrepreneurs' Memorandum No. allotted, third forwarded to Micro, Small and Medium Enterprises Development Institute concerned and fourth copy should be forwarded to the Micro, Small and Medium Enterprises Policy Division of the Development Commissioner (Micro, Small and Medium Enterprises), 7th floor, A Wing, Nirman Bhavan, New Delhi. 17. In case of companies as defined in Companies Act, 1956, (1 of 1956) cooperative/partnership firms and trusts, the change of name of the enterprise, if any, should be informed to General Manager, District Industries Centre or the authority notified for filing of Entrepreneurs' Memorandum in the State/UT within three months of change. In case of ownership firms, the same should be communicated within three months of effecting the change in name along with an affidavit.