Incorporation of a company

Save Share

This query is : Resolved

P.L.SURYA PRABHA (Querist)

23 September 2013 I have filed for incorporation of a Private Limited Company on 15-09-2013 with an authorised capital of Rs.5 lakhs. I have filed Form 1, 32 and 18. However, ROC placed a query asking to comply with the notification dt.12-09-2013 and submit an affidavit. The notification does not clarify as to what the affidavit should be. Can you please give me a proforma of affidavit to be submitted and please mention any other corrections to be made in MOA or AOA.
Regards
CA P.L.SURYA PRABHA

P.L.SURYA PRABHA

P.L.SURYA PRABHA (Querist)

03 October 2013 I got the proforma of Affidavit from caclubindia. Thanks. The new defination under new companies act says that the Max no. of members in a PVT LTD co are 200. Other than that I feel that the clause stating that the Company shall not issue any invitation to public to subscribe for any securities of the Company. The hitherto words shares and securities stands replaced by word Securities. The last point which was hither included ie., Prohibits any invitation or acceptance of deposits from persons other than its members or directors, should be deleted. Hence, the new defination of Private Limited Co is

PRIVATE COMPANY
2. The Company is a Private Company within the meaning of sub section 68 of Section 2 of Companies Act, 2013 and accordingly:
(i) The right to transfer the shares in the Company is restricted in the manner and to the extent hereinafter appearing:

(ii) The number of members of the Company, excluding persons who are in the employment of the Company and excluding 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 be limited to two hundred, provided that where two or more persons jointly hold one or more shares in the Company, they shall for purpose of this clause be treated as a single member; and
1
(iii) The Company shall not issue any invitation to the public to subscribe for any securities of the Company.

(iv) The minimum paid up capital of the Company is Rs.1,00,000/- (Rupees one lakh only) or such other amount as may be prescribed.

CAN SOME ONE PLEASE SUGGEST URGENTLY WHETHER I AM RIGHT ???