Required Resubmittion

MCA 594 views 5 replies

Karthik Mohan Prabhu

Associate

73 Points Joined December 2010

I had filed form 1 on 25th of dec and after about a months time and after making visits personally to ROC they have finally changed the status on the MCA portal from assigned to "requires resubmittion". When I click on the link it gives me more information which is pasted below.

Remarks

IT IS OBSERVED ON SCRUTINY THAT THE WORD "MANUFACTURE" APPEARING IN THE MAIN OBJECT NEEDS TO BE DELETED. FURTHER THE DEFINITION OF PRIVATE COMPANY HAS TO BE WRITTEN CORRECTLY. SRN NEEDS RESUBMISSION PLFurther, ask for ID and address proof of the witness duly certified by the professional Form should be resubmitted by 19/02/2011 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)

The following Form has to be Resubmitted

1. Form1

I understand the part "IT IS OBSERVED ON SCRUTINY THAT THE WORD "MANUFACTURE" APPEARING IN THE MAIN OBJECT NEEDS TO BE DELETED" it is regarding a sentence mentioned in the MOA and I would be modifying the same. However I am a bit confused about the rest of the statement which says "FURTHER THE DEFINITION OF PRIVATE COMPANY HAS TO BE WRITTEN CORRECTLY. SRN NEEDS RESUBMISSION PLFurther, ask for ID and address proof of the witness duly certified by the professional Form should be resubmitted"

Could anyone help me with the same. I am attaching a draft copy of the MOA (company name has been removed)

Thanks in advance

Regards

Karthik

Attached File : 27 memorandum of assosiation.pdf downloaded: 103 times

Replies (5)

Jayashree S Iyer

Company Secretary

3224 Points Joined August 2009

1) You have confirmed that you are modifying the word "manufacture". So that problem is solved.

2) In the last page, the execution of MOA and AOA is witnessed who should affix signature alongwith his / her details viz., father's / husband's name, address, C.P. number, etc. Proabably you have given these details. They are now insisting for id and address proof of the witness. So please obtain the same from the witness and upload it alongwith Form 1. It was not insisted upon previously but now-a-days they are insisting for it.

3) In the Articles of Association, the definition of the 'private company' as appearing in Section 3(1)(iii) of the Companies Act, 1956 has to be reproduced as it is. May be you have left any portion.

After making the above changes in MOA and AOA, get all the corrections signed by the authorised person in whose favour POA is executed and attach these corrected forms to Form 1 and upload it using resubmission button.

Karthik Mohan Prabhu

Associate

73 Points Joined December 2010

Thanks a lot for the response Jayashree I understand the 1st and the 2nd point however I am still confused about the 3rd point. I did cross check our AOA with other drafts and the definition of the 'private company' as appearing in Section 3(1)(iii) of the Companies Act, 1956 has been maintained the same. I am hereby attaching a drafted copy of our AOA. Anyone's help would be greatly appreciated. Thanks in advance Karthik

udit sharma

Company Secretary

2303 Points Joined October 2010

To me the following errors have come to my attention:

1 Under Article 3, it has been erronoeusly written Section 3(Hi) instead of section 3(1)(iii),

2. The definition should be framed as per section 3(1)(iii)

Regards

CS Udit Sharma

CS Ankur Srivastava

Company Secretary & Compliance Officer

17858 Points Joined November 2008

Agree with Jayashree and Udit....

Jayashree S Iyer

Company Secretary

3224 Points Joined August 2009

As rightly pointed out by Udit, the Section number 3(i)(iii) is mentioned as 3(Hi). Correct it. Other things as contained in your articles resembles that of Section 3(i)(iii). So that should be the only problem. However to rule out any other requirements from ROC side, it's better you contact ROC over phone and talk to the dealing person. Generally they guide you.