Incorporation under companies act, 2013, procedure, aoa moa

CA Deepesh Ruhela (Keen to Learn) (3271 Points)

26 November 2013  

This Article is for those people, applying for Company Incorporation after The New Companies Act, 2013 has been passed in the parliament.

Form 18 and form 1 are being rejected by the ROC Authorities, as many people are using the same old AOA formats for incorporating company now.

You can use the same old format, but, make the few changes, stated below:

--->In the first page of the Articles of Association (AOA), there will be para like "The Company is a private Company within the meaning of Section .......".

As per previous Act, you might have written Section 3 in there. Now, replace that section with 2(68) which then comes as "The Company is a private Company within the meaning of Section 102 of the Companies Act, 2013 and accordingly:"

--->In the Memorandum of Association (MOA), in the last clause stating the Authorised Share Capital, Remove the entire para after "Rupees ten only" (See below, remove the text marked in Red).

The Authorised Share Capital of the Company is Rs.1,00,000/- (Rupees One Lakhs only) divided into 10,000 (Ten thousand only) Equity Shares of Rs. 10/- (Rupees Ten only) each  to be increase or reduced  in accordance with the relevant provisions of the Companies Act, 1956