Mca query in subscribers page

This query is : Resolved

mukesh (Querist)
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26 July 2014 I have uploaded INC-7 and all and i received the below queries:
the following query is not understood by me. Can someone help out me in this:

The confirmation of the witness in subscription and association clauses be given as per rule 13(1) of Companies (Incorporation) rules, 2014.

I cant get what is this rule 13(1) regarding subscriber page. Is there any specific format for witness?

Thank you in advance.

mukesh

mukesh (Querist)
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07 August 2014 Can I please get help on this as soon as possible from someone?

mukesh

mukesh (Querist)
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07 August 2014 Can I please get help on this as soon as possible from someone?

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)
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03 August 2024 Rule 13(1) of the Companies (Incorporation) Rules, 2014, pertains to the procedures and requirements for witnessing the subscription and association clauses during the incorporation of a company. This rule mandates specific requirements regarding how the subscription and association clauses are to be attested.

### **Understanding Rule 13(1) of the Companies (Incorporation) Rules, 2014:**

**Rule 13(1) of the Companies (Incorporation) Rules, 2014:**
> **“The subscribers to the memorandum shall sign and verify the memorandum and articles of association in the presence of at least one witness, who shall also sign and give his full name, address, and occupation in the presence of the subscriber.”**

This rule means:
1. **Signatures Required:** The subscribers to the memorandum (those who are subscribing to the shares of the company) must sign the memorandum and articles of association.
2. **Witness Requirements:** The signing must be done in the presence of at least one witness.
3. **Witness Details:** The witness must also sign the document and provide their full name, address, and occupation.

### **What This Means for Your Filing:**

1. **Witness Details:** Ensure that the witness details are included in the subscriber's page of the documents. This includes:
- The full name of the witness.
- The address of the witness.
- The occupation of the witness.

2. **Signature of Witness:** The witness should sign the document in the presence of the subscribers.

### **Format and Compliance:**

- **Format for Witness Details:** While the exact format may not be provided in the rule itself, typically, the witness section on the subscription page should look something like this:

```
Witness:
Name: [Full Name of Witness]
Address: [Complete Address of Witness]
Occupation: [Occupation of Witness]
Signature: [Signature of Witness]
```

- **Completeness:** Make sure that the witness's details are correctly filled and that they have signed the document.

### **Steps to Address the MCA Query:**

1. **Check Your Documents:** Review the subscriber page and ensure that the witness details are provided as required by Rule 13(1).
2. **Update if Necessary:** If the details are missing or incorrect, update your documents to include the witness's name, address, and occupation, and ensure the witness has signed appropriately.
3. **Resubmit Documents:** Once updated, resubmit the corrected documents to the MCA portal.

By adhering to Rule 13(1) and ensuring the witness information is accurately included, you will address the MCA's query and comply with the requirements for company incorporation.

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