Company incorporation

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 November 2014 My INC2 got rejected twice with remarks as:

Rule 16(1)(a) and Rule 13(1) of the Companies (Incorporation) Rules, 2014 has not been complied.Not to be taken on record.

As regarding Rule 16(1)a do I need to affix Photograph and all other details mentioned in Rule 16(1) in MOA & AOA since its not in the formats as prescribed in Schedule 2 of Companies act 2013

And as regarding Rule13(1) my submitted MOA & attested by a witness, do I need the MOA to be signed by more witnesses??

Any my form has been rejected twice and retuned as "Not To Be Taken In Record" does this mean I need to refile the form by paying the Incorporation fees again ??

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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04 November 2014 1) Photograph of subscribers should be affixed in the subscription sheet of MOA and AOA. Not mandatory to give details called for as per rule 16(1) (b) to (l) again since it is given else where. Seems reference of sch-2 therein is a typographical error.

2) No need to witness by more than one person if executed at one place only.

3) To refile with fees.

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Querist : Anonymous

Querist : Anonymous (Querist)

04 November 2014 Thank you very much for your help sir, There is one more help I needed since I want to make this submission error free. If I want to provide the details as 16(1)b and all where shall I provide them. Shall I provide them as an additional sheet to the memorandum, and the same applies to the photograph to be affixed.

In my case the witness signing the MOA and AOA was the nominee(since its an OPC) can a nominee sign as a witness.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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04 November 2014 Details as in rule 16(1)(b) to (l) can be prepared in plain paper (with out photograph) and can be attached as an 'optional attachment' to e-form INC-2.

Witness to the signatories to the MOA and AOA should be a 'practicing professional'.

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