Incorporation of private limited company


This query is : Resolved 

(Querist)
27 August 2013 Dear Experts,

I am in the process of Incorporation of a PVT LTD CO. I filed FORM 1A and obtained name approval. Now Form 18 requires address proof. Can I create a rental deed in the name of proposed company and in such will it be valid since the Co not yet incorporated. And also who will be the signing authority in case of this deed since Directors are now only getting appointed through Form 32.

Please also share a lease deed sample.

Ajay Mishra (Expert)
27 August 2013 Hi

Yes, you will enter into lease deed in proposed name for the purpose of Form-18, as ROC take if agreement is made in proposed name.

kamalesh (Querist)
28 August 2013
Dear AM
Thank you for your reply

but

Please explain me who will be the signing authority for the company to be incorporated.
I have given the name of second part as "1. Ms.XXXX, in the capacity of Director of M/s OSIZ TECHNOLOGES PRIVATE LIMITED, a Company in the process of registration under Companies act 1956 (hereinafter called the TENANT)." Will it be accepted.

Ajay Mishra (Expert)
28 August 2013 Hi

No, It will be only in the name of the proposed company: M/s .........Private Limited (a company going to be incorporated under the Companies Act, 1956).


The director is not eligible to enter lease agreement of the proposed company. ROC will consider your Form-18, if lease agreement is in the name of proposed company, otherwise it will not consider.


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