For Form 1A we need to have complete detail of shareholders & on that require detail of witness also. Whether there is something specifically presrecibed who should be the witness? I mean can a non-CA be a witness for that purpose?
Plz reply asap.......
Only professional can witness...
CA in practice or CS in practice etc....
Regards
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
thanks chartereds
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??
CAclubindia
