Witness's obligations

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Guest

Guest (Querist)

27 October 2013 hi

in case of incorporation of New company

the person who witness the members on the last page of MOA and AOA

I want to know obligations of such witness

before and after company gets its existence

Ajay Mishra

Ajay Mishra (Expert)

27 October 2013 Hi

(i) Memorandum of Association, duly signed by the subscribers and witnessed, showing the number of shares against their names electronically attached in PDF file. It should also be properly stamped as per the stamp duty applicable in the State, where the registered office of the company is to be situated. Photographs of the subscribers shall also be attached. Simultaneously original stamped copy of the Memorandum of Association shall be submitted with the Registrar of Companies concerned.

(ii) Articles of Association should also be duly signed by the subscribers and witnessed, showing the number of shares against their names electronically. It should be properly stamped according to the authorised share capital as per the stamp duty applicable in the state, where the registered office of the company to be situated. Photographs of the subscribers shall also be attached. Simultaneously original stamped copy of the Memorandum of Association shall be submitted with the Registrar of Companies concerned.

Ajay Mishra

Ajay Mishra (Expert)

27 October 2013
The signatures of the subscribers must be authenticated by a witness who is not a subscriber himself. He shall likewise add his name, father's name, address, age and occupation, if he is a member of the professional body, membership number with shall also be written if any. If attestation of Memorandum of Association which has been registered turns out to be irregular, it does not render the same void [Chotalal v Dal Sukram (1892) ILR 17 Bom 472].

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