Incorporation of company- new requirement

MCA 16576 views 13 replies
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.
Replies (13)

Draft Affidavit

 

 

We the Promoters / First Directors of M/s ……………………….. (The Company) do hereby solemnly affirm and state that :

  1. The Company or its Directors shall not carry out any money circulation scheme or multi level / pyramid scheme to accept deposits from the public.
  2. The Company or its Directors shall not accept any deposit from public 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.

 

 

For ………………………

 

Director / Promoter                  Director / Promoter

Hi..

Is it required to be signed by all promoters / First Directors or any one Promoter/First Director could sign the Affidavit on behalf of the Company.

 

It is required to be signed by all promoters / first directors.

Thanks for the Update. I have already taken signatures from all....

Sir, Do we need to submit this Affidavit on white paper?

Hi sir,

Please help me,how to proceed for this,

i got these Remarks From ROC BANGALOOR, for Registering a Private Limited

furnish a declaration on stamp paper/affidavit from the subscribers/proposed directors stating that company shall not accept deposits unless compliance with the applicable companies Act, 1956, RBI Act, 1934 and SEBI Act,1992 and rules/directions / regulations made there under are duly complied and filed with the concerned authorities /// The capital clause should contain on the classification of share capital the rest to be deleted /// the membership no of the witness to be mentioned in the s/sheet // the witness need to mention he camped at Mysore// the applicant to remve para 2 of the main object and be specific about the rest of the main objects else the applicant is required to chage the acivity code 3) submit the copy of that page of passport of first subscriber to show his visit to india 4) the concerned professional to write his membership no and write the first subscriber camped in mysore Form should be resubmitted by 26/07/2013 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)

Hi sir, Please help me, i got these Remarks From ROC BANGALOOR, for Registering a Private Limited furnish a declaration on stamp paper/affidavit from the subscribers/proposed directors stating that company shall not accept deposits unless compliance with the applicable companies Act, 1956, RBI Act, 1934 and SEBI Act,1992 and rules/directions / regulations made there under are duly complied and filed with the concerned authorities /// The capital clause should contain on the classification of share capital the rest to be deleted /// the membership no of the witness to be mentioned in the s/sheet // the witness need to mention he camped at Mysore// the applicant to remve para 2 of the main object and be specific about the rest of the main objects else the applicant is required to chage the acivity code 3) submit the copy of that page of passport of first subscriber to show his visit to india 4) the concerned professional to write his membership no and write the first subscriber camped in mysore Form should be resubmitted by 26/07/2013 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)

Read more at: /forum/incorporation-of-private-limited-company-249808.asp
Hi sir, Please help me, i got these Remarks From ROC BANGALOOR, for Registering a Private Limited furnish a declaration on stamp paper/affidavit from the subscribers/proposed directors stating that company shall not accept deposits unless compliance with the applicable companies Act, 1956, RBI Act, 1934 and SEBI Act,1992 and rules/directions / regulations made there under are duly complied and filed with the concerned authorities /// The capital clause should contain on the classification of share capital the rest to be deleted /// the membership no of the witness to be mentioned in the s/sheet // the witness need to mention he camped at Mysore// the applicant to remve para 2 of the main object and be specific about the rest of the main objects else the applicant is required to chage the acivity code 3) submit the copy of that page of passport of first subscriber to show his visit to india 4) the concerned professional to write his membership no and write the first subscriber camped in mysore Form should be resubmitted by 26/07/2013 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)

Read more at: /forum/incorporation-of-private-limited-company-249808.asp
Hi sir, Please help me, i got these Remarks From ROC BANGALOOR, for Registering a Private Limited furnish a declaration on stamp paper/affidavit from the subscribers/proposed directors stating that company shall not accept deposits unless compliance with the applicable companies Act, 1956, RBI Act, 1934 and SEBI Act,1992 and rules/directions / regulations made there under are duly complied and filed with the concerned authorities /// The capital clause should contain on the classification of share capital the rest to be deleted /// the membership no of the witness to be mentioned in the s/sheet // the witness need to mention he camped at Mysore// the applicant to remve para 2 of the main object and be specific about the rest of the main objects else the applicant is required to chage the acivity code 3) submit the copy of that page of passport of first subscriber to show his visit to india 4) the concerned professional to write his membership no and write the first subscriber camped in mysore Form should be resubmitted by 26/07/2013 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)

Read more at: /forum/incorporation-of-private-limited-company-249808.asp

Please attach above affidavit and alter the clauses of MOA and AOA as per the remarks of ROC.

An year ago, there was trend to incorporate teh company within 24 hurs after the initiative of MCA through various circulars where the name approval was and DIN approval was in hands of Professionals by taking the responsibility of going as per Law/ Act. But i think now that concept of incorporating a company in 24 hours has now been  fully moved away. As in case of DIN, Affidavits are required. After the name apprval again the Affidavits are required which take a lot of time for Promoters to get and to get them notarized. Moreover, the shifting of TCS to Infoysis, ahs resulted in delayed in filiing of Forms by Professionals and approval by ROC. 

Dear Ankur,

Could you please advise me for remarks received from ROC Delhi mentioned below:

"Main objects required modification. Form should be resubmitted by 27/12/2013 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)"

"Form 1 has to be resubmitted."

Please be informed that I have attached declarations for public deposit with Form 1.

Thank You.

Best Regards,

Rahul

thanks for the info..it helps me lot..

Your vote can change the destiny of the Nation. Use the greatest power in the democracy to vote... Time for change, Time to vote.....!!!!!

 THE NEW COMPANIES ACT, 2013!!! "It's time to change".

Checked Your CIN Number on all official publications??????? or willing to pay the penalty.......Time To change....

Checked the Key Highlights of changes in Chapter – II “Incorporation of Companies” = Section 3 to 22 of the NEW COMPANIES ACT, 2013, just click the link below  

/forum/details.asp?mod_id=272142&offset=0#.U09gWFXhrIh

 

For further details you can visit = www.thecompanydesk.webatu.com

or write to us = thecompanydesk @ gmail.com

******its free*** no charges ....

For are you waiting for have any query contact us....  

 

Thanks.
 

Sir/ Madam Please find attached document herewith containing provisions regarding incorporation of companies as per the provisions of the new Companies Act, 2013. For any query regarding practical applicability of the provisions of the Companies act please visit www.thecompanydesk @ webatu,com Or Write us at - www.thecompanydesk @ gmail.com Thanks Pranjal Jain

Duly stamped and  notarized declaration from the all the promoters/directors regarding circular no 11 of 2013 not submitted please help in this regard what to attach and where to attach????????????? please reply urgently,......


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register