Companies act 2013

Hello everyone,

I am in process of incorporating a pvt ltd company.

There are two promoters of the company out of which one will be the first director of the company and second wants to be only shareholder i.e. not the director.

In this case, a third person will be the second director of the company but does not want to own any share of the company. Is ot possible to be director without having any share as per companies Act 2013??

What formalities are to be followed in this case and whose names will be appeared in MOA and AOA's subscriber page?

 

Regards,

Abhay

Replies (4)

Private company must have minimum two directors and two shareholders.  Directors and shareholders can be different persons.

 

Thank you sir..

Can you please give me reference of relevant section and rules.

Further is it necesarry to mention this in AOA or MOA??

 

Kindly refer section 3 and 4 ofcompanies act 2013, read with Rule 13 of ncompanies incorporation rules

 

According to section 3 ,minimum 2 members are required to constitute a private limited company

Further as per rule 13, memorandum and article of association shall be signed by each of subscriber to the memorandum who shall add his name, address, discripttion ands occupation in presence of atleast one witness who shall attest the signature and shall sign and add his name, address, ocupation, descripttion if any.

Hai Abhay,

Those who are members are required to mention Name, address, occupation in MOA & AOA subsheet.

and Subscribers and directors shall give affidavit in INC-9.

Thanks & regards

VINAY 



 

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