ya non ca also can vitness for that purpose

Only professional can witness...

CA in practice or CS in practice etc....

Regards

CA Darshak there is no provision in the Companies Act that a  only a proffessional can witness MOA or AOA of a company.

In my opinion a layman may also witness the same

Infact I have incorporated Companies with a layman as witness.

Regards

CA Gaurav Kaushik

+91 98 280 32 885 

There is no provision in the Act that the witness should only be a professional. 

However, there is a reportedily fraud couple of years back before MCA-21 era when a company was incorporated by the ROC based on the witness done by a non-professional (i.e. his identity is not known anywhere). In this case the fraud was to the extend that both the subscribers were non-existing and the witness shown was also non-existing. When such company defaulted in filing the BS/ AR, no one was traceable. Now what to do ?

After that the ROC obtained guidance from the Ministry and the reply recd was that if the witness to the subscriber is a professional (who is always searchable) it shall be better to have someone to give explanation. After that ROC started insisting that the witness should only be a professional. Important is that only few ROC are following this practice. 

Hence as per law WITNESS TO MEMORANDUM AND ARTICLES OF NEWLY INCORPORATING COMPANY, IT IS NOT NECESSARY ONE SHOULD BE A PRACTISING PROFESSIONAL OR EVEN OTHERS(LIKE PROFESSIONALS IN SERVICE OR EVEN LAYMAN) CAN ALSO DO IT. But few ROC still insist for a professional witness to MOA as a safe practice only.

Regards

Thats Right Darshak you got the point :)

thanks chartereds 

So this is always prudent approach to get it witnessed by Professional.

This will protect the interest of ROC person who is evaluating form and also the professional who is digitally signing the form against the identity of person subscribing the form.

Regards

Are both same who authorised the INC-29 as a professional and the witness of Subscribers? 

Can they be same person??? sir

advocate may be given witness in moa and aoa

can a CA be  witness if he himself is declaring and certyfying incorporation??

is phisical appearance is compulory before witness??