Affidavit for not accpting deposit n defn of pvt in in aoa ?

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CA Abhishek Singh (Querist)
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26 October 2013 hello everyone,

i filed form 1 of client and it requires resubmission due to following
a. affidavit for not accepting deposits and
b. definition of pvt MAY be mentioned in AOA as per circular No.15/2013 dated 13/09/2013

My queries
a. seperate affidavit for each director/subscribers is required or one affidavit mentioned names of all director is sufficient and
b. is is compulosry to include definition in AOA if yes then at which part of AOA ?

waiting for the views of the experts.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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26 October 2013 i) Separate affidavit is recommended for want of clarity from MCA's side.

ii) Yes. Please include as Article no 3 in the AOA. For the definition ,please see section 2(68) of the Companies Act,2013.

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CA Abhishek Singh

CA Abhishek Singh (Querist)
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27 October 2013 Thanks for your reply sir

kindly clarify whether i have to include bare act definition from section 2(68) of the companies act 2013

or

just have to mention that it is a pvt cm as defined in section 2(68) of the companies act 2013

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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27 October 2013 Have to include the definition in AOA.

Ganeshbabu K

Ganeshbabu K (Expert)
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27 October 2013 Ofcourse compulsory to include definition in AOA,

it can be mentioned as below in AOA article 3.
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The Company is a Private Company within the meaning of Section 2(68) of the Companies Act, 2013 and accordingly :-

(a) No invitation shall be issued to the public to subscribe for any securities of the company.
(b) The number of members of the Company (exclusive of persons who are in the employment of the Company and persons who, having been formerly in the employment of the Company; were members of the Company while in that employment and have continued to be members after the employment ceased) is limited to 200 (Two hundred) provided that for the purposes of this definition, where two or more persons jointly hold one or more shares in the Company, they shall be treated as a single member and;

(c) The right to transfer the shares in the Company is restricted in the manner and to the extent hereinafter appearing.
(d) Prohibits any invitation or acceptance of deposits from Persons other than its members, directors or their relatives.
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