Company incorporation

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suja sathish (Querist)
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13 January 2014 I have filed form 1 for registration of a new company on 07/01/2014.

I got a resubmission message with following errors

1)Pvt. Ltd. defenition should be as per C.A. 2013. ii). S/o OR D/o of details in respect of subscribers and witness are to be written in the execution pages.

a)how should i rewrite the aoa with defenition as per CA 2013?can you provide the format for this.
b)whatis meant by execution pages.
also please provide a format for this also

thanks in advance

Ankur Garg

Ankur Garg (Expert)
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13 January 2014 Download from the link below:

https://www.caclubindia.com/forum/draft-aoa-under-new-companies-act-2013-267147.asp#.UtO5YCeUkgo

Thanks

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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13 January 2014 b) Execution page is the last sheet of MOA and AOA wherein the subscribers has to write their name, father's name, occupation ,address, number of shares subscribed (for MOA only)and to put signature. Similarly, at the bottom of those pages, the witness has to write the above said details except the details of shares.
But in your case, father's name is missed out.
So write Father's name against each subscriber's and witness name and resubmit as directed by MCA.

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suja sathish

suja sathish (Querist)
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14 January 2014 sir

thank you very much for the timely reply
i have one more querry that

i have uploaded new private company clause as below

PRIVATE COMPANY

3. The Company is a Private Company within the meaning of Section 2(68) of the
Companies Act, 2013 and accordingly:-

(a) The right to transfer shares in the Company is restricted in the manner and to the extent hereinafter appearing

(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 the employment and have continued to be members after the employment ceased) shall be limited to two hundred; provided that for the purpose of this definition where two or more persons jointly hold one or more shares in the Company, the shall, be treated as a single member, and.

(c) No invitation shall be issued to the public or subscribe for any securities of the Company.

however roc kerala asked me to resubmit the form by following instruction
Pvt. Ltd. defenition should be as per C.A. 2013.
sir please advice how to redraft the clause

suja sathish

suja sathish (Querist)
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14 January 2014 Sir
Thank you verymuch for timely reply
i have one more querry
i have uploaded the aoa with the following new company clause that
PRIVATE COMPANY

3. The Company is a Private Company within the meaning of Section 2(68) of the
Companies Act, 2013 and accordingly:-

(a) The right to transfer shares in the Company is restricted in the manner and to the extent hereinafter appearing

(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 the employment and have continued to be members after the employment ceased) shall be limited to two hundred; provided that for the purpose of this definition where two or more persons jointly hold one or more shares in the Company, the shall, be treated as a single member, and.

(c) No invitation shall be issued to the public or subscribe for any securities of the Company.

But roc kerala asked me to resubmit the form with following instruction

Pvt. Ltd. defenition should be as per C.A. 2013.

please advice me how should i correct the defenition clause

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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14 January 2014 Please draft as follows:-

The company is Private company within the meaning of sections 2(68) of the Companies Act, 2013 with a minimum paid-up share capital of one lakhs rupees or such higher paid-up share capital as may be prescribed and which by its articles,

(i) restricts the right to transfer its shares;

(ii) limits the number of its members to two hundred:

Provided that where two or more persons hold one or more shares in the company jointly, they shall, for the purposes of this sub-clause, be treated as a single member:

Provided further that-
(A) persons who are in the employment of the company; and
B) 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,
shall not be included in the number of members ;and

(iii) prohibits any invitation to the public to subscribe for any securities of the company.

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