New company formation
This query is : Resolved
debabrata tripathi
(Querist)
20 June 2015
Dear Sir,
Whether an Advocate can sign in subscriber page of MOA & AOA as witness at the time of formation of a new company under company law 2013?
Thanking you.
Debabrata Tripathi.
Whether an Advocate can sign in subscriber page of MOA & AOA as witness at the time of formation of a new company under company law 2013?
Thanking you.
Debabrata Tripathi.
CA Himanshu Ojha
(Expert)
20 June 2015
There is no provision in the Act that the witness should only be a professional.
As per law WITNESS TO MEMORANDUM AND ARTICLES OF NEWLY INCORPORATING COMPANY, IT IS NOT NECESSARY ONE SHOULD BE A PRACTISING PROFESSIONAL OR EVEN OTHERS(LIKE PROFESSIONALS IN SERVICE OR EVEN LAYMAN) CAN ALSO DO IT. But few ROC still insist for a professional witness to MOA as a safe practice only.
So, Advocate can sign as witness
As per law WITNESS TO MEMORANDUM AND ARTICLES OF NEWLY INCORPORATING COMPANY, IT IS NOT NECESSARY ONE SHOULD BE A PRACTISING PROFESSIONAL OR EVEN OTHERS(LIKE PROFESSIONALS IN SERVICE OR EVEN LAYMAN) CAN ALSO DO IT. But few ROC still insist for a professional witness to MOA as a safe practice only.
So, Advocate can sign as witness
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