Advocate is authorised for formation of company as per section 7 of the company act 2013

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This query is : Resolved

Shamsher Singh (Querist)

21 January 2026 as per section 7 of the copnay act an advocate is also authorised to file a declartion but on mca portal only ca or cma is authorised and no space is given for an advocate . whether an advocate can form a company by filing declaration without the help of ca or CMA

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

21 January 2026 Yes, under Section 7(1)(b) of the Companies Act, 2013, an advocate in practice is legally authorized to file the declaration for company incorporation. However, the MCA portal currently restricts filing options to CA, CMA, or CS, which creates a practical mismatch between the law and the portal’s design.

The Delhi High Court has recognized that advocates are professionals authorized to file incorporation documents, even if the MCA portal does not provide a dedicated “advocate” category.
While the law permits advocates, the portal’s technical design effectively restricts filings to CA/CMA/CS unless MCA updates its system.

Filing through a CA/CMA/CS when law permits advocates may create unnecessary dependency but ensures portal acceptance. Advocates may challenge MCA’s restrictive portal design, but until clarified, filings solely by advocates may face rejection.

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