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?
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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 ?
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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 ?
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 ?
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?
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The words “unless otherwise provided in the Articles” appearing in paragraph 1.1.1 of SS-1 suggest that a company may have in its Articles, a provision that is stricter than what is stated in this paragraph of SS-1.
In such cases, that provision in the Articles should be complied with ?
Dear Members,
We have a task to appoint a Chairman of the Company (not Chairman of Meetings) by altering the Articles of Association of the Company.
Kindly suggest if we can pass the resolutions for altering the Articles of Association and also appointing the Chairman of the Company in the same meeting.
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Hello Professional,
In case you know anyone looking for articleship in Mumbai, kindly forward their resumes to me in my email id - office...@gmail.com
Thanks & Regards,
Dear all,
for appointment of Director to whole time director or managing director, is it necessary to alter articles first as the AOA is as per table F of the companies act, 2013 and does not contain anything about whole time director or managing director ?
please help
Thanks in advance
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Companies act 2013 provides for maximum no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase no of directors to 15. '
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Dear All,
Please guide what is best way for a company which is doing regular business and in 2019 they have appointed new director's, but this company has not yet adopted new AOA as per Companies Act 2013, is it ok to continue activities (director appointment, share transfer etc.) without updating AOA or we need to change AOA on immediate basis.
Also if I update AOA now, what will be the consequences on appointment made last year.
Please guide
Getting articleship in Pune In baking Sector Is good For semi qualified CS.. ?
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