Format of declaration for non acceptance of deposits

Hi,

Please find one more format,

Thanks and Regards,

Keep Smiling,

Sameer Patil

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

Pl also refer attached circular dated 29.5.2013 on the subject.

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

Please revert today !

thanks in advance

https://csmohammed.blogspot.com/

Please refer the above blog for your reference

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

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 

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.

 

Please go through following link :

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

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

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.

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

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.