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Urgent - form 1a (Corporate Law)

This query is : Resolved

Author : Anonymous

( Author )
08 August 2012

can anyone please help me in this regard?
i have filed form 1A two days before now it gets approved also. now i want to change the directors for which form 1a is filed and also want to add one more director to the company.

please reply ....

thanks in advance ....

jitendra gupta

( Expert )
08 August 2012

File the fresh 1A with NOC from person who signed the old e-form 1A and move accordingly.

Charu Srivastava

( Expert )
08 August 2012

Form 1(a) once filed cannot be rectified.
See Point No. 38 of the Following Link

http://mca.gov.in/MCA21/faq_efiling4.html

With effect from 24th July, 2011,the approved name is valid for a period of 60 days from the date of approval.If,the proposed company is not incorporated within such period,the name shall be lapsed and will be available for other applicants.Please note that there shall not be any provision for renewal of the name.

Author : Anonymous

( Author )
08 August 2012

how it is possible sir ? can you explain in detail please ?

Author : Anonymous

( Author )
08 August 2012

if that be the case then wat is the remedy madam ?

Charu Srivastava

( Expert )
08 August 2012

Appoint that person as a Director after the Company is incorporated

jitendra gupta

( Expert )
08 August 2012

get an NOC from the person who signed the old form or if possible from all the intended directors that we want to change the directors.

Attach that NOC with fresh 1A and file the same for already approved name.

If possible, also visit ROC office personally.

Author : Anonymous

( Author )
08 August 2012

can i get the same company name ? & can you also provide me the format for noc ?

Author : Anonymous

( Author )
08 August 2012

can i get the same company name ? & can you also provide me the format for noc ?

Author : Anonymous

( Author )
08 August 2012

Charu Srivatsava Madam : wrongly i filed form 1a i want to change it . . . is der any remedy please provide me . . .

jitendra gupta

( Expert )
08 August 2012

the explanation given above by me gives u the possibility that ur query is supposed to resolve.

I agree with Charu ji, if that does not work then get the resignation from appointed directors and appoint the additional director after incorporation of company.

Charu Srivastava

( Expert )
08 August 2012

This is the extract from MCA faq from the following link

http://mca.gov.in/MCA21/AboutFiling.html

10.Wrong particulars in eForms – ensure accuracy while filling following values in the corresponding eForm:

Form 1A
•Amount of authorized capital ( eg.10 Lacs instead of 1 Lac)
•Company type, should be either Private or Public
•State under the jurisdiction of same RoC (eg. Jharkhand instead of Bihar)
•Common reasons for rejection of a Company Name

Form1
•Company type (e.g. “Part IX Company” or “Producer Company” in place of “New Company” or vice-versa)
•Company category / sub-category (e.g. “SGC” or “GOI”).

Form 8
•Date of charge creation / modification
•Original / Final amount while creation / modification of charge

Form 23
•Type of resolution (Board / Shareholders / Ordinary / Special resolution type) selection differs from the attachment

Form 5
•Wrong amount of revised capital
•Simultaneous filing of multiple eForm 5 for a company before approval of erstwhile form 5 filed. Wait for first eForm’s approval before proceeding with next eForm 5.
Please check the particulars filled in the eform before filing. Once an eform is approved, any wrong information given in the eform cannot be rectified.

Charu Srivastava

( Expert )
08 August 2012

According to me Contact ROC in this regard.

Author : Anonymous

( Author )
08 August 2012

hmm ok mam

B.Chackrapani Warrier

( Expert )
08 August 2012

Charu Ji

Mistakes in approved e-form 1A and e-form 1 can be rectified . Please see GSR.177 (E) dated 05-03-2010.

Charu Srivastava

( Expert )
08 August 2012

Sir,

I have gone to the aforementioned Notification. I would like to draw your attention to the following provisin of the said rule where is clearly says those forms(form 1, 1A and 44) can be rectified if filed prior to 14.03.2010

(2) An application in Form No. 68 complete in all respects shall be made to the
Registrar within a period of three sixty'five days from the date of approval of Form No.
1, Form No. 1 A and Form No. 44 respectively by the Registrar: .'
Provided that the provision relating to the rectification of mistakes as is referred
to in sub-rule (1) shall also be made applicable to the Form No. 1, Form No. 1A.and
Form No. 44 filed and approved electronically on the Ministry's website, prior to the 14'
day of March, 2010.

Correct me if i am wrong.

B.Chackrapani Warrier

( Expert )
09 August 2012

Charu Ji
Your understanding is not correct. Please give emphasis to sub clause (2) of clause (2) of the cited notification meaning thereby the notification can be enforced for the referred forms filed after 14/3/2010 also.

Author : Anonymous

( Author )
09 August 2012

sir now what i should do ? pl guide me