Affidavit for not accpting deposit n defn of pvt in in aoa ?
This query is : Resolved
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.
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.
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.
ii) Yes. Please include as Article no 3 in the AOA. For the definition ,please see section 2(68) of the Companies Act,2013.
Message likes :
1 times
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
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
27 October 2013
Have to include the definition in AOA.
27 October 2013
Ofcourse compulsory to include definition in AOA,
it can be mentioned as below in AOA article 3.
.
.
*******************************
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.
***********************************
.
.
it can be mentioned as below in AOA article 3.
.
.
*******************************
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.
***********************************
.
.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Depreciation of fixed assets- coop housing society in mumbai
- TDS on Consultancy- Non DTAA
- Reopen of assessment proceeding
- Rental income gst and it purpose
- EXPORT BILL UNDER LUT FREIGHT CHARGE INCLUED IN INVOICE IT LIABLE TO TAX
- Tax Audit u/s 44AB for Transport Business A proprietorship is engaged in transportation business and
- COMMERCIAL INVOICE FOR MATERIAL AND FREIGHT
- Gift Received from nonblood relative
- EPF FULL & FINAL RULES IN 2026
- Management System (IMS)
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
