I have submitted the MOA and AOA and Form 1 for the incorporation of the Pvt ltd company. There are 2 director in the company one of them is a foreign National and he has a DIN. I have received a mail from MCA saying "MOA &AOA has to be notorised and endorsed by the Indian consulate Generals office of that country in case he has not executed doucments in India". Please can you let me know what should be done here as he has already the DIN number.
26 January 2010
DIN and execution of MOA and AOA are different issues. If the document is executed in India, a professional has to witness MOA and AOA. On the other hand,if they are executed abroad, necessarily MOA and AOA has to be attested by the consulate of the respective country.
26 January 2010
Thank you sir for your quick response.
Currently the foreign national has gone back to Paris, hence i can request him to sign/scan the documents back to me on which i can attest the professional witness,Can you please let me know will this suffice the MCA requirement.
26 January 2010
You have to get back the hard copy of MOA and AOA from the ROC office. Then the last page of MOA and AOA has to be prepared again in which both the subscribers has to write the required details in their on hand writing. These papers should be sent to Paris and it should be attested in the consulate only for the foreign national. Get back the same and for the Indian subscriber, a professional in India should attest the documents for the Indian subscriber only. The date of Indian attestation should succeed the foreigh attestation. After completing the procedure aforesaid, scan the entire MOA and AOA,prepare fresh E-Form-1 and upload the same. Subsequently, hard copy may be submitted back to ROC.
26 January 2010
Last sheet of MOA and AOA in which the subscribers write their name, address, occupation and number of shares subscribed (in MOA only) are called ,not legally, subscription sheet.
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