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Is power of attorney mandatory with Form 1 ?

2494 views 6 replies
I am in the process of incorporating a private limited company, and I do have a few doubts (Registering the company in Karnataka, Bangalore) 1) As far as I understand MOA and AOA needs to be signed by the subscribers and then by a witness after which I am scanning and attaching the same with Form 1 as PDF. (Am I correct?) Followed by uploading to MCA portal and payment of stamp fee 2) Is power of attorney for incorporation of a company mandatory is the number of subscribers is just two. If it is mandatory would a Rupees twenty non judiciary e-stamp be enough for filling the same and on whose name should the POA be taken. 3) There are people who say ROC needs to check the MOA and AOA and then rectifications if any needs to be done before filing form 1. Is this applicable anymore, if yes how do I submit the MOA and AOA to ROC before submitting Form 1 (I would be paying the stamp duties online along with form 1) 4) With just two subscribers do I need to care about "Annexure containing details of subscribers"
Replies (6)

No power of attorney is not mandatory however in case of any rectification in moa or aoa directors themselves have to go to roc thats why power of attorney is given to authorised someone to make rectification in moa and aoa if any.

Agreed with Hardik.....

Can anyone answer the rest of the queries ??

If it is mandatory would a Rupees twenty non judiciary e-stamp be enough:

POA needs to be executed on 100stamp paper.

for filling the same and on whose name should the POA be taken.

preferably, in the name who is taking steps for incorporation. for e.g PCS

There are people who say ROC needs to check the MOA and AOA and then rectifications if any needs to be done before filing form 1. Is this applicable anymore, if yes how do I submit the MOA and AOA to ROC before submitting Form .

First you need to file form 1, after which if any query raised by ROC, you need to rectify the same, take signature as per POA or of subscribers,  by resubmission or as mentioned in th status of the form.

I would be paying the stamp duties online along with form 1)  With just two subscribers do I need to care about "Annexure containing details of subscribers".

Yes.

 

Regards

Thanks a ton Jaydeep I am doing the company registration myself and I am one of the active subscribers. Is there any way I can get form 18 done without the help (Digital Signature|Number or certificate of practice number) of a CA or a Cost accountant or a company secretary. If i need help from one or any of the above please suggest me the easiest way to get this process completed. If a CA or a Company secretary or a Cost accountant with a valid digital signature and a Membership number or certificate of practice number is reading this please feel free to send me an email @ karthikmohanp at gmail.com if you are ready to help

Hi in form 18 certification required from practising ca or cs or cwa. In case you are practising then you can put your sign else you have to required the same to be signed by other members who are in practice.


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