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    Companies (Incorporation) Rules, 2014 as per rule 13(5)

    Posted By : Shreya Maheshwari / Published on : 03-Mar-2020 06:28 AM / View : 2849 / Comment : 1

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    Dear Members,

    Greetings !!!

    Has received a resubmission regarding the Companies incorporation rule, 2014 as per rule 13(5) stating that the Documents INC-9 and DIR-2 has not been Notarized and apostilled but according to the above mention rule it States that:

    "13 (5) Where subscriber to the memorandum is a foreign national residing outside India-

    (a) in a country in any part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized by a Notary (Public) in that part of the Commonwealth.

    (b) in a country which is a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized before the Notary (Public) of the country of his origin and be duly apostilled in accordance with the said Hague Convention.

    (c) in a country outside the Commonwealth and which is not a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity, shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;

    (d) visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa."

    My Conclusion: it states that the MOA, AOA, and Proof if Identity should be Notarised and Apostilled.

    So my question is whether it is mandatory to Appostile and Notarise the INC-9 and DIR-2 document executed outside India and if yes then kindly quote relevant rules or sections?

    Thank you.
    Read more on : rule rules incorporation companies

    • Foreign Nationations includes NRI (subscriber is of Indian origin)

      This provision is related to the incorporation of a company where the subscriber to the memorandum is a foreign national residing outside India. The provision outlines the requirements for notarization and authentication of the subscriber's signatures and proof of identity on the memorandum and articles of association.

      If the subscriber is a foreign national residing in a country that is part of the Commonwealth, their signatures and proof of identity must be notarized by a Notary (Public) in that part of the Commonwealth.

      If the subscriber is a foreign national residing in a country that is a party to the Hague Apostille Convention, 1961, their signatures and proof of identity must be notarized by a Notary (Public) of the country of their origin and be duly apostillised in accordance with the said Hague Convention.

      If the subscriber is a foreign national residing in a country outside the Commonwealth and not a party to the Hague Apostille Convention, 1961, their signatures and proof of identity must be notarized by a Notary (Public) of that country, and the certificate of the Notary (Public) must be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, or where there is no such officer, by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889.

      If the foreign national subscriber has visited India and holds a valid Business Visa, they can incorporate a company in India.

      Exception-It is important to note that if the subscriber is of Indian origin or an Overseas Citizen of India, the requirement of a Business Visa is not applicable.

      20-04-2023 / 08:18:17 AM
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