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.
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rules
incorporation
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Dear All,
Please advise regarding the below matter from the point of view of Legal Metrology (Packaged Commodities) Rules.
'A' is the manufacturer of a product, who manufactures it exclusively for the distributors/ customers of 'B'
The brand name of 'B' is printed on principal display panel of the package of the product.
The name and registered office address of 'A' is also mentioned, but without the prefix 'manufactured by'.
The definition of 'manufacturer' under the Rules includes the person or firm who or which puts or causes to be put any mark on the packaged commodity and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person.
COnsidering the above, please let me know if the name and address of 'B' is mandatory to be declared on the package.
compliance
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metrology
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A company has wrongly availed Input Tax Credit under erstwhile CENVAT Rules in 2015-16. During GST Audit in current year, this was found out and the company paid the wrong credit availed in earlier years as above now, i.e. in FY 2019-20. The same has been expensed off. Is it an allowable expenses under Income Tax Act? Please provide any case laws, if available.
Dear Members,
In case of a Private Limited Company, the following is the shareholding;
Mr. X (individual) - 49%
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Thanks in advance
applicability
rules
Hi All
Indian Private Company is wholly owned by a Foreign Listed Company and Mr. X is holding 23% stake in such Foreign Listed Company. Mr. X is required to submit the BEN-1 to Indian Private Company?
Learned members are requested to reply with proper clarification under SBO Rules.
Thanks
rules
Dear Members,
Does Companies (Indian Accouting Standards) Rules, 2015 is applicable to private company.
Private company is a joint venture company and one of its shareholder is listed on NSE and BSE.
Please guide.
Rgds
Devansh
rules
standards
accouting
indian
applicability
Please upload declaration by applicant under rule 8(A)(1)(p) of Co (Inc.) Fifth Amendment Rules,2019
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Please answer my query.
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I have applied for Nidhi Company and MCA has send form re submission with following msg "Declaration from all the subscribers should be attached stating that rule 4, 5, 6 and 10 of Nidhi Rules, 2014 shall be duly complied with."
If any one have format of such declaration.
Dear All, kindly help me on this query.
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"The company shall, not more than thirty days before the date of filing the application in Form No. INC.23 -
(a) advertise in the Form No.INC.26 in the vernacular newspaper in the principal vernacular language in the district and in English language in an English newspaper with the widest circulation in the State in which the registered office of the company is situated"
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state
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