Professional's stamp required in subscriber page of moa aoa?

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Dayem bin Anwar (Querist)
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01 December 2014 Dear Experts,

I am going to file INC 2, incorporation form for OPC.
I have drafted the MOA and AOA, but I have a query.

Should the witness (professional) also put his stamp/seal on the subscriber declaration page? Or merely the statement of verification with name and membership no, address, etc. suffice?

Is the official stamp of CA/CS/CWA etc. required in any place at all on the MOA and AOA?

Lastly, if I make an error in filing, how many attempts I will have to correct that error (without paying additional fees)? And if I use all the attempts, will I have to start from the beginning and pay full fees? (ie file INC 1 and 2 again)

Please answer, Thank-you for reading.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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01 December 2014 1. No need to affix stamp/seal on the subscription page.Instead witness has to write in his/her own handwriting the verification and the particulars of his/her details.

2.Official stamp of professional not required
any where in MOA and AOA.

3. One attempt. After that to start afresh.

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Dayem bin Anwar

Dayem bin Anwar (Querist)
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01 December 2014 Thank-you for your reply you have been most helpful.

Just to confirm, in point no. 3, in case I am asked to start afresh, it means I will have to start the process from the BEGINNING, ie, search and apply for name again and pay fees?

Or only Form INC 2 is to be filed and fees paid again, the approved name will still stay.

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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10 August 2024 ### **Professional's Stamp in MOA and AOA for OPC Incorporation**

**1. **Professional's Stamp/Seal Requirement:**

- **Witness Page**: When incorporating a One Person Company (OPC) and filing forms such as INC-2, the Memorandum of Association (MOA) and Articles of Association (AOA) do not typically require a professional’s stamp or seal on the subscriber’s page. The professional (e.g., a Chartered Accountant (CA), Company Secretary (CS), or Cost Accountant (CWA)) should provide their name, membership number, and address in the verification statement, but a stamp is generally not mandatory.
- **Verification Statement**: The verification statement by the professional is crucial and should include their name, designation, membership number, and address, as this helps authenticate the document. However, the official stamp of CA/CS/CWA is not required on the MOA and AOA themselves.

**2. **Errors and Correction Attempts:**

- **Number of Attempts**: If errors are found after filing, you are generally allowed to make corrections within a specified period. The number of attempts allowed for correcting errors in forms like INC-2 can vary based on the Registrar of Companies' (ROC) guidelines. Typically, you can correct the form without incurring additional fees within the allowed period.
- **Starting Afresh**: If all correction attempts are exhausted, you might need to start the process again. In this case:
- **New Application**: You would need to reapply for a new name approval (INC-1) if the previous name approval has expired or if there are issues.
- **Filing Fees**: You would need to pay the filing fees again for the new forms.
- **Name Approval**: The approved name will not automatically carry over. You would need to seek a new name approval if the previous approval has expired or been invalidated.

**3. **Procedure if Asked to Start Afresh:**

- **Starting Over**: If you are required to start afresh due to errors or expired approvals:
- **Name Approval**: You would need to apply for name approval again through INC-1, as the previously approved name may no longer be valid.
- **New Forms**: File the new set of forms, such as INC-2, and pay the necessary fees again.
- **Fees**: You will need to pay the filing fees for the new application, including the name approval and incorporation forms.

**Summary:**

- **Professional’s Stamp**: Not required on the MOA and AOA, but the professional's verification statement should include their details.
- **Error Correction**: Typically, multiple correction attempts are allowed. If all are exhausted, you might need to start the process from scratch, including seeking new name approval and paying the relevant fees.
- **Re-filing Process**: If starting anew, you will need to reapply for name approval and file the necessary forms with applicable fees.

Always refer to the latest guidelines from the Ministry of Corporate Affairs (MCA) or consult with a professional for precise requirements and procedures.

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