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Format of declaration for non acceptance of deposits

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Tushar Surana (CA FINAL) (32 Points)
Replied 23 May 2013

Thanks for the format

Sameer C. Patil (Compliance Professional)   (44 Points)
Replied 23 May 2013

Hi,

 

Please find one more format,

 

Thanks and Regards,

Keep Smiling,

Sameer Patil


Attached File : 211924 1177437 affidavit from subscribers directors of new co.doc downloaded: 1111 times

devangupta (ca firm) (55 Points)
Replied 29 May 2013

Hi Friends , 

I got the same issue and further ROC states that they need the same on the  affidivait on Rs 20 /- 

can anyone clarify, do we need the same on  it is Rs 100 or Rs 20 /- 

Do we need to take the consent of all the director on single affidivait or separate affidiviat 

Regards

 

Devan


P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)   (8229 Points)
Replied 30 May 2013

Pl also refer attached circular dated 29.5.2013 on the subject.

 

 


Attached File : 9367 1180079 circular for affidavit for incorporation 29 5 2013.pdf downloaded: 757 times

Manish (PROPRITOR) (41 Points)
Replied 17 June 2013

Does it needs to be signed by all promotors or any of them will do.

Please revert today !

thanks in advance



Mohammed (CS, Mcom, LLB) (852 Points)
Replied 17 June 2013

https://csmohammed.blogspot.com/

 

Please refer the above blog for your reference

1 Like

Manish (PROPRITOR) (41 Points)
Replied 17 June 2013

Thanks for your response. Just onthing to confirm. IS it essential to get the declaration notarized or it is valid even without that.


Sameer C. Patil (Compliance Professional)   (44 Points)
Replied 17 June 2013

Hi Manish,

 

Being a Affidavit / Declaration, the document needs to be stamped (as per stamp duty of applicable state) as well as Notarised,

 

Thanks and Ragards

Keep Smiling

Sameer Patil 


CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17853 Points)
Replied 18 June 2013

Recently the matters arises where the Companies had raised monies from the investors in a manner which was opaque / convoluted / non –accountable and which did not protect the interest of investor. Ministry has seriously noted the same.

 

Accordingly, with the view to protect the interest of investor inter-alia deposit holder, Ministry of Corporate Affairs has issued a Circular no. 11/2013 dated 29.05.2013 and clarified that the Registrar of Companies may obtain declaration / affidavit from subscribers / first directors first at the time of incorporation and subsequently from directors whenever company change its objects to the effect that the Company / directors shall not accept any deposit unless compliance of the applicable provisions of the Companies Act, 1956, RBI Act, 1934 and SEBI Act, 1992 and rules / regulations/ directions made there under are duly complied and filed with the concerned authorities.

 


CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17853 Points)
Replied 18 June 2013

Please go through following link :

 

/forum/affidavit-for-non-acceptance-of-deposit-252864.asp

 

 



CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17853 Points)
Replied 18 June 2013

The above affidavit need to be executed on Rs. 20/- stamp paper and duly notarized.


Manish (PROPRITOR) (41 Points)
Replied 18 June 2013

Thanks all !

 

But my question remains, the mail states that it can be a Declaration / affidavit and therefore it could be on a normal paper and the stam paper should not be essential and also the notarization not required.

"SUBMIT DECLARATION/AFFIDAVIT FROM THE SUBSCRIBERS/FIRST DIRECTORS TO THE EFFECT THAT THE COMPANY/DIRECTORS SHALL NOT ACCEPT DEPOSITS UNLESS IT COMPLIES WITH THE APPLICABLE PROVISIONS OF COMPANIES ACT, 1956, RBI ACT, 1934 AND SEBI ACT, 1992 AND RULES/DIRECTIONS/REGULATIONS MADE THEREUNDER"

 

If we go by above mail then it doesnt talk about stam paper not about notarization, also in the circular the same is not stated.

So I believe that line the DIN 1 affidavit and other declarations that the first directors are required to make for the formation of the company, this one can also be made on a normal papre without notarization.

 

Please put forty your openion.


punit padalia (Own practice) (77 Points)
Replied 24 June 2013

it can be just a simple declaration from the first directors / subscribers duly signed by them.


CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17853 Points)
Replied 27 June 2013

It should be in Affidavit form executed on Rs. 20/- stamp paper and duly notarized.


Dinesh Kumar (Audit Manager) (24 Points)
Replied 30 July 2013

Can any one suggest me how to re-submit the form 1, if rejected by ROC due to declaration/affidavit required, because there is no any option to re-submit online as filed first time. Is there re-submission through hardcopy to ROC or any other way to re-submit the form 1.



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