Incorporation of private limited company

MCA 11875 views 11 replies
In reply to the papers filed for incorporation of a private limited company I got this message from RoC Mumbai (MCA): "...... Sent for resubmission with the following remarks- Pl. submit Declaration/Affidavits from Subscribers/first directors first at the time of incorporation and from directors, to the effect that company/directors shall not accept deposits unless it complies with the applicable provisions of Companies Act, 1856, RBI Act, 1934 and SEBI Act, 1992 and rules/directions/regulations made there under." Can anyone throw light why this declaration/ affidavit needed. Under what provision of the Companies Act, 1956 this is warranted. See the language. I am not able to understand whether there are two declaration affidavits (i) one at the time of Inc and another (ii) After inc. The person who typed message doesn't know if it is 1956 or 1856. How can one act on this type of reckless message. It is a pity the Govt wants everything in order from professionals and companies and their own staff can barely write simple English. Experts are requested to help me. To me it is an arm twisting exercise to get some bucks.
Replies (11)

Pl refer attached internal circular issued by MCA on 8.5.2013 in this regard.

 

Thanks

 

 

In this regards i would like to further ask that, whether the directors/subscriber have to jointly file the affidavit or individually is to be filed on stamp paper/franked and notarised.. Please help 

As it is an affidavit, so it will be better to file the separate affidavit from each one side i.e. each director separately should file the document

Hi,

 

Please find attached herewith the format of Affidavit as required by the RoC as per their recent circular. Hope this helps.

 

Thanks and Regards,

Keep Smiling

Sameer Patil

Thank you sir,

it is useful for me ,

i am also getting same Rmarks from ROC BANGALORE

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)

what should be the value of stamp paper in which affidavit is to be made, and is it compulsory for every company.

Affidavit is compulsory not only at the time of incorporation but also at the time of change in object clause of the Company..The franking charges are 100 rupees.

thank you very much @  Lavina Salian


 

thanks....

 

In this regards i would like to further ask that, whether the directors/subscriber have to jointly file the affidavit or individually is to be filed on stamp paper/franked and notarised because remarks shoowing
stating that company shall not accept deposits .. Please help me

 


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