Practice Notes

 

The declaration has to be signed by an advocate of Supreme Court or High Court or an attorney or pleader entitled to appear before High Court or a secretary or chartered accountant in whole-time practice in India who is engaged in the formation of the proposed company or person named in the articles as director, manager or secretary.

The Registrar of Companies has to be satisfied not only that the requirements of section 33(1) and (2) have been complied with but be also satisfied that provisions relating to number of sub scribers, lawful nature of objects and name are complied with.

The Registrar will check whether the documents have been duly stamped and also whether the requirements of other laws are met.

Any defect in any of the documents filed has to be rectified either by all the subscribers or their attorney, or by one subscriber holding power of attorney on behalf of other subscribers.

This form is to be presented to the Registrar of Companies within three months from the date of letter of Registrar allowing the name.

This declaration is to be given on a non-judicial stamp paper of the requisite value . The stamp paper should be purchased in the name of the person signing the declaration.

This declaration is to be given by all the companies at, the time of registration, public or private.

The place of Registration No. of the company should be filled up by mentioning New Company therein.

The Registrar of Companies will now accept computer laser printed documents for purposes of, registration provided the documents are neatly and legibly printed and comply with theother requirements of the Act. This will be an additional option available to public; to use laser print besides offset printing for submitting the memorandum  and articles for registration of companies.

Where the executant of a memorandum of association is illiterate, he shall give his thumb impression or marks which should be described as such by the sub- scriber or person writing for him.

An agent may sign a memorandum on behalf of a subscriber if he is authorised by a power-of-attorney to do so.
In the case of; an illiterate subscriber to the memorandum and articles of association, the thumb impression or mark duly attested by the person writing for him should be given. Theperson attesting the thumb mark should make an endorse- ment on the document to the effect that it has been read and explained to the sub- scriber.
The Registrar of Companies will not accept zerox copies of the memoran dum and articles of association for the purposes of registration of companies.

Copyright©Vakilno1.com Archer Infotech Pvt. Ltd.All rights reserved