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 ?
What are the provisions with respect to signing of financial statements under the Companies Act, 2013
Who will sign the share transfer deed if the shares of the company are transfer?
What are the provisions with respect to signing of financial statements under the Companies Act, 2013?
One of the directors would like to resign.
His KYC is overdue. i.e,, DIR-3 KYC has not been done for this financial year. And if we need to do that we have to pay Rs. 5000 just to complete the KYC.
Can he file the resignation without completing the KYC?
If a Director is attending a meeting through video conferencing, then how will he sign the attendance register and how to mention this in the minutes that attendance register has been signed?
Is date of Board meeting for approval and signing date of financials are same?
Can the auditor sign the balance sheet on 01.11.2021 for LLP.
Thanks in advance?
Can the Financial of a Private Limited Company be signed by using digital signatures of Directors instead of Hand Signatures.
What is the provision in this regard?
Can a advocate affix the DSC in the form of company incorporation.
Can an Advocate sign E MOA, E AOA while doing spice incorporation?
Please provide a solution how the auditors sign the Balance Sheet in the current date for FY 2019-20 and the company can hold the AGM accordingly. No prior extension permission was taken by the company from ROC.
Compliance Calendar LLP is Recognised as Startup by DIPP Under Ministry of Commerce & Industry, Government of India