13 July 2013
Hello everyone, Kindly guide me in matter of filing of Form 1 on MCA about Subscriber page of MOA and AOA whether the subscriber needs to write their name and address in their own handwriting? Can't they just put only their signature on that page? and all other details were written by us. Also what can be the date of subscriber's page?
Subscribers shall sign and write in the Memorandum and Articles of Association his/her own hand, his/her name, father's/husband's name, address, age and occupation, if any, and shall also write against his name the number of shares he/she proposes to subscribe. Subscribers can be either literate or illiterate, either man or woman, either resident or non-resident, either Indian national or foreign nationals. In any case they must be competent to enter into an agreement.
The subscription to a memorandum of association means not merely signing at every one of its pages but signing their names in token of entering into an agreement both as to signatories forming themselves into a company but also their undertaking to take number of shares indicated against their names. [Arthanari Transports (P) Ltd. v K.P. Swami Gounder (1965) 35 Comp Cas 930 (Mad)]. The signatures of the subscribers must be authenticated by a witness who is not a subscriber himself. He shall likewise add his name, father's name, address, age and occupation, if he is a member of the professional body, membership number with shall also be written if any. If attestation of Memorandum of Association which has been registered turns out to be irregular, it does not render the same void [Chotalal v Dal Sukram (1892) ILR 17 Bom 472].
14 July 2013
Thanks experts... Let me clarify one more thing that whether sign of the subscriber on subscription page of MOA and Last page of AOA is sufficient and sign on other pages is not necessary. Other pages are kept in pdf formate directly and no need to scan them. Is it correct? Whether there is any attachment required with form 18 and 32?