Procedure for creating MOA and AOA

MCA 5379 views 4 replies

abhijeet mohite

Marketing and Business Development

25 Points Joined June 2011

HI,

MY NAME IS ABHIJEET, AND I AM A MARKETING AND BUSINESS DEVELOPMENT WITH A SPANISH LAW FIRM IN INDIA. I AM CURRENTLY RESEARCHING THE PROCEDURE TO FORM A PVT LTD COMPANY OR A SHELF COMPANY. I AM CURRENTLY IN THE PROCESS TO FROM THE MOA AND THE AOA. I HAVE ALSO REGISTERED THE NAME OF THE COMPANY WITH THE MCA WEBSITE.

I WOULD LIKE TO INFORM YOU THAT I AM NOT A CA. BUT I AM TRYING TO FIND OUT THE ALTERNATE WAYS FOR FORMING THE MOA AND THE AOA. AS I HAD A LOT OF CONVERSATIONS WITH VARIOUS CA'S FROM THIS INDUSTRY I AM ABLE TO UNDERSTAND THAT THE CS FORMS THE MOA AND THE AOA WHICH IS SIGNED BY THE CA.

I HAVE A FEW QUESTIONS IN MIND PLEASE HELP ME WITH THEM.

IS IT MANDATORY FOR A CA OR A CS TO FROM THE MOA AND THE AOA. IF NO THEN WHO ELSE CAN FORM THE MOA AND THE AOA. CAN THE MOA AND AOA BE FORMED BY LAWYERS.
I HAVE THE DRAFT OF THE MOA AND THE AOA WITH ME. IF I DECIDE TO GET THE MOA AND THE AOA DO I NEED TO DO IT ON A STAMP PAPER OR A PLAIN PAPER WILL DO. IF A STAMP PAPER IS REQUIRED THEN WHAT IS THE AMOUNT OF STAMP PAPER THAT NEEDS TO BE ARRANGED FOR.
WHO IS THE SIGNING AUTHOURITY FOR SIGNING THE MOA AND THE AOA BEFORE THE DOCUMENTS ARE SUBMITTED ON THE MCA WEBSITE TO GET THE FINAL CERTIFICATE OF INCORPORATION. I WOULD REQUEST THE COMPLETE NAME AND DETILED ADDRESS WITH CONTACT NO OF THE PERSON I NEED TO MEET IN MUMBAI REGARDING THIS.
ANY MORE INFORMATION REGARDING THE SAME IS ALSO WELCOMED.

I REQUEST YOU TO PLEASE PROVIDE ME WITH THE DETAILS SO THAT I CAN WORK ON IT IMMEDIATELY

THANK YOU

ABHIJEET MOHITE

Replies (4)

CS Executive Ankit Parikh

Sr. Associate

284 Points Joined October 2009

Hi,

1. Any person who has good writing skilled can draft MOA & AOA.

2. Stamp Paper will be done on MOA and AOA based on the AUthorised Share Capital

(https://www.mca.gov.in/MCA21/dca/efiling/eStamp_rate.pdf)

3. You'll have to seek certification from CA or CS

abhijeet mohite

Marketing and Business Development

25 Points Joined June 2011

Hi Ankit,

i really apppreciate yout help here. I also wanted to know the step by step procedure to file the MOA and the AOA on the MCA website. Please this is urgent. can someone help in guiding me. As from the conversation I understand that i need to file the MOA and the AOA on a stamp paper. but what after that. can any one please tell me the step by step details till aquiring company incorporation certificate.

Thanks

CS Nadeem Ahmed Siddique

Company Secretary

354 Points Joined February 2011

Hello Abhijeet, with the advent of mca 21 portal incorporating a company has become much easier. Stamp duty is paid electronically while filing Form 1. There are four e-forms needed for incorporating a company (form 1A, 1,18,& 32). form 1A is is the first and foremost form to be filed for applying the name of the company, after the name is approved you need to file form 1 enclosing the following:

i) MOA and AOA properly drafted with main object clause of the company

ii) Printed copy of form 1 after it being filled and signed by one of the first promoter on the last page.

iii) Declaration that you have not been convicted under any offence.

You require to apply for your Director Identification Number (DIN) in order to quote it in both Form 1 & 1A. If you are intending to file the forms by yourself you will also require digital signature certificate to sign the e-forms. Thenafter you can proceed to file Form-18, where you will have to provide details regarding the proposed registered office of the company. Lastly you'll hv to file the form 32 intimating the details of the directors of the company (Atleast 2 in case of private limited and three in case of public limited co.). It must be however beared in mind that form 32 should be certified by CA/CS/CWA. You can upload these forms on mca portal by making e-payment through your credit card.

The above mentioned procedure will lead to incorporate your company.

SkDash

CS (Member) CWA (Final)

909 Points Joined February 2009

Abhijit-

why dont you take the assistance of a CA/CS ? If you will go by this way, you will face so many resistance and RoC wil ask you to amend the MOA/ AOA for many times. SI i would like to suggest you to see hw things going on for the first time. If you will actively participate in the formation, it will cost very less may be within 5000-8000 in yr area.