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 ?
How can a MOA altered ?Click here to view / answer Share it on
In case the subscriber to the memorandum is a foreign national
residing outside India, his signatures and address, etc. shall be
witnessed by a Notary Public/Embassy/Consulate offices of
Embassies as per the Rule 13 of the Companies (Incorporation)
Rules, 2014. In such cases, how can the DSC of such a witness
Can a company alter it's memorandum of association by passing an ordinary resolution with the prior sanction of Regional Director?
Please share format for MOU in case of takeover of Proprietorship by Private Limited CompanyClick here to view / answer Share it on
Can anyone provide me information memorandum of any company under IBC 2016
Kindly advise regarding the concept of Filing of Entrepreneurs Memorandum under MSME ?
Thank you in advance.
Dear respected members,
Please share the Format of Memorandum of Understanding.
Consider this on a priority basis.
Can anybody share the the format of Memorandum of Transfer to be printed on the backside of SH-1
Should we get the memorandum subscription only in the form Cash or can it be brought in the form of Kind also. I am referring to Section 10A of Companies Act, 2013.
The terminology used is value of shares. If the consideration is brought in the form of Kind should we follow valuation norms? i.e. obtaining valuation report from Registered Valuer etc.,
An illiterate person wants to become a subscriber, how can he sign as a subscriber to the Memorandum of Association?Click here to view / answer Share it on
Whether every company is required to alter its Articles of Association and Memorandum of Association as per the new format under the Companies Act, 2013 ?Click here to view / answer Share it on
Compliance Calendar LLP is Recognised as Startup by DIPP Under Ministry of Commerce & Industry, Government of India