Regarding for incorporation of company

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prakash vegad (Querist)
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12 December 2013 In view of the Notification general circular 15/2013 dated 13/9/13 the definition of Private Company may be inserted in the AOA as provided in section 2(68) of Company Act, 2013.

Kindly explain and tell me how to insert in AOA.

Ganeshbabu K

Ganeshbabu K (Expert)
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12 December 2013 Kindly find my below file format of new moa and aoa
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https://www.caclubindia.com/share_files/format-of-new-moa-aoa--59476.asp#.UqlmAfQW11Y

Ajay Mishra

Ajay Mishra (Expert)
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12 December 2013 You will mentioned like :

"A private company means a company as defined under section 2(68) of the Companies Act, 2013."

This paragraph you will mentioned in your new AOA.

This clause will apply for a company going to change their articles of company or going to incorporate.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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12 December 2013 Gnesh Ji

Clause 3(d) of your AOA is not in the definition of 2 (68) hence to be deleted.

Mishra Ji

Kerala ROC is insisting to repeat 2(68) as such in AOA. Please comment.

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Ganeshbabu K

Ganeshbabu K (Expert)
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12 December 2013 Yes,it is to be deleted,Thanks sir!!!

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Ajay Mishra

Ajay Mishra (Expert)
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12 December 2013 Warrier Sir.....

As per MCA notification every company incorporated after 12.09.2013 should use the definition of private company as per new CA, 2013.

For Kerala ROC......

If I am going to incorporate in that ROC i will define tally use the new definition of private company in our AOA.

So as per my view use the definition of new Act for private company.

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