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What documents are needed to be submited by the witness

Karthik Mohan Prabhu (Associate) (73 Points)

22 December 2010

Hi All,

What documents are needed to be submitted by the witness/witnesses (Witness of AOA & MOA) with Form 1. And I hope this needs to be attached under Optional attachment(s)

Thanks in advance

Karthik

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6 Replies

HARDIK (COMPANY SECRETARY NCFM (Corporate Governance )) (664 Points)
Replied 22 December 2010

No Docs required for witness.

Divya K S (CA) (289 Points)
Replied 22 December 2010

Agree... No documents required for witness purpose.

Karthik Mohan Prabhu (Associate) (73 Points)
Replied 22 December 2010

I met a company secretary today to get his Digital Signature on Form 18 and Form 32. And this guy confused the hell out of me by saying I need to submit a Photo, Photo ID, and an address proof of the witness of MOA and AOA along with Form 1. Thanks for confirming that its not required guys. I am not submitting a POA as I am one of the director and subscriber for the company being incorporated. Would this create any issues in future ?

Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 23 December 2010

No problem. However if any corrections are suggested by ROC, you have to be personally present at ROC to collect the documents and carry out corrections.

As regards witness, no need for photos, etc. but the witness should give complete details pertaining to him beneath his signature viz., name, father/husband's name, occupation, address and date.

Syam kamal (Company Secretary) (156 Points)
Replied 23 December 2010

Dear Karthik

Legally speaking there are no documents required to be attached for witness purpose. But a practicing company secretary certifying an e-form undertakes that he verified the particulars from the records and found them to be true and correct and he will have to face the disciplinary actions for negligent and false certifications. So he can not be blamed if he insists to get the identity proof and photo of the witness to establish the genuineness of the identity of the witnessing person.

Vijay Krishna (Business) (34 Points)
Replied 01 June 2012

ROC Bangalore rejecting my MOA on these grounds -

1st time - no of share written is still typed , and total no of shares not writt

response - everything was hand written and filed

2nd time - Ask for ID and address proof of witness duly attested by the professional.There are two witnesses.It is not clear who is winessing the 1st and 2nd susbcribers.

response - first and last copies of passport and pan card were duly attested by CA and filed

3rd time - witness occupation not mentioned.Ask for the attested copy of full set of passport copies of witn

What the hell??