I have submitted an article, titled - Sweat Equity Shares (Meaning and Conditions) for review on 09/07/2023, I have not yet received its confirmation neither any suggested changes to be made in it. Kindly take cognizance of this. Regards Sarthak Jain
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Hello Professional
Is a Section 8 company required to seek permission from Central
Government (“RD”) for alteration of its articles of association
prior to getting the same approved by the members by means of
special resolution in the general meeting?
government
alteration
articles
association
central
permission
company
required
seek
section
Dear All,
What should be mentioned in the Article 90 of the Articles of Association of the company in case of Section 8 company?
CRC Raised query to modify-
Article 90 of AOA is not made as per requirement of section 8 company, please submit the same in view of clause 10 of MOA. Please rectify, accordingly. A section 8 company cannot distribute its fund or assets and dividend between members.
Please share the MOA & AOA for section-8 company.
If as per Incorporation Rule -13. Signing of memorandum and articles.-
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 apostillised 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.
Explanation.- For the purposes of this clause, it is hereby clarified that, in case of Person is of Indian Origin or Overseas Citizen of India, requirement of business Visa shall not be applicable.
But my question is here in the case of NRI, required physical MOA and AOA duly notarized / apostillised / authenticated by a diplomatic or consular officer, as applicable, as per Rule 13(5) of Companies (Incorporation) Rules, 2014 ? If yes then how to file E-MOA & AOA which is mandatory in the case of NRI . Very contradiction in incorporation of company in case of NRI . Please suggest its mandatory or not ?
case
articles
memorandum
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Hello Professionals
Whether every company is required to alter its Articles of Association as per the new format under the Companies Act, 2013 ?
Hello Professionals!
Can stamps, labels, tokens, and cards be considered an article for the purpose of registration of Design?
design
under
registered
articleproduct
Company will be considered as Public company since where a company being a private company alters its articles in such a manner that they no longer include the restrictions and limitations which are required to be included in the articles of a private company under this Act, the company shall, as from the date of such alteration, cease to be a private company.
Name Change will be effective from the date of COI or EGM ?
Hello Professionals
Is a Section 8 company required to seek permission from Central
Government (“RD”) for alteration of its articles of association
prior to getting the same approved by the members by means of
special resolution in the general meeting?
permission
require
company
section
article
alternation
Hi All
What is the procedure for the Alteration of Articles of the Company?
Other than the filing of Form MGT-14 is there any other form also required to be filed?
company
association
articles
alteration
Is a Section 8 company required to seek permission of Central
Government (“RD”) for alteration of its articles of association
prior to getting the same approved by the members by means of
special resolution in general meeting?
association
article
alteration
Today I have submitted article on company law related content o would like to know how much time it will take in publishing on your site
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