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Body Corporate as subscriber to MOA AOA

Co Act 2013 1224 views 3 replies

A person who is an authorized representative of a body corporate, at the same time, cannot be a subscriber to the MoA / AoA (either in an individual capacity or as authorised representative of another body corporate) as per Rule 13(4) of Companies (Incorporation) Rules, 2014 and the proviso therein

 

I have received this query while incorporating the co., in this case there are 3 subscribers 2 directors who are common in both the body corporates and one body corporate which is represented by an Authorized Representative other than above 2 Directors. Is this not allowed?

authorized representative here is not holding shares in his individual capacity in the new body corporate to be incorporated

Replies (3)
There are 3 subscribers

Yes three subscribers 

 

(A) holding shares in individual capacity

(B) holding shares in individual capacity

(C) Body corporate shares held by Authorized rep. Mr. D

Why it is not in the name of Body Corporate only. AR is required only for signing on behalf of Body Corporate, otherwise as a Subscriber, the name of Body Corporate should be there. 


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