Increase in members in pvt ltd company
This query is : Resolved
22 April 2015
whether it is mandatory to get the signatures of all members including new one in moa and aoa on last page if there is increase in members of pvt ltd company. plz reply fast.
Arpit Shah
(Expert)
22 April 2015
https://taxguru.in/company-law/procedure-increase-authorise-capital-companies-act-2013.html
Pratik Shah
(Expert)
23 April 2015
No. It is not necessary (rather, it is not allowed) to get signatures of new members in MOA and AOA.
24 April 2015
sir can u tell the section of the companies act 2013 or rule of companies act 2014 where it has been defined. pls
Pratik Shah
(Expert)
24 April 2015
Dear Apoorv, the subscribers page can never be changed after the company is incorporated. Subscriber pages are signed by promoters before the incorporation of the Company. They agree to incorporate a company by signing Subscriber Pages. How can it be changed afterwards. New members are not subscribers to MOA.
Nowhere in the Act it is written that you need to take sign on subscribers pages on increase of members.
Have you imagined suppose, if you need to take sign of new members on MOA and AOA subscribers pages, there are so many companies having more than 50,000 members, will it be possible for such companies to take sign of each member on MOA and AOA subscriber page!!
It is not defined anywhere in the Act, but you do not need to follow it because it is not written anywhere.
Nowhere in the Act it is written that you need to take sign on subscribers pages on increase of members.
Have you imagined suppose, if you need to take sign of new members on MOA and AOA subscribers pages, there are so many companies having more than 50,000 members, will it be possible for such companies to take sign of each member on MOA and AOA subscriber page!!
It is not defined anywhere in the Act, but you do not need to follow it because it is not written anywhere.
24 April 2015
thanks a lot sir for your advice. your reply was much needed and you have explained it wonnderfully. now i have understood completely.
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