Companies act 2013


My query 

 

The name of the company is approved by the Roc. But The Roc rejected the form on the basis that the MOA and AOA is not as per the Companies Act,2013.

 

Now the e-forms have changed.

 

whether I should again apply for name availability in form INC-1 and pay the requisite fee. or there can be some other measure?

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

for Company Incorporation after The New Companies Act, 2013 has been passed in the parliament.

Form 18 and form 1 are being rejected by the ROC Authorities, as many people are using the same old AOA formats for incorporating company now.

You can use the same old format, but, make the few changes, stated below:
 

--->In the first page of the Articles of Association (AOA), there will be para like "The Company is a private Company within the meaning of Section .......".


As per previous Act, you might have written Section 3 in there. Now, replace that section with 2(68) which then comes as "The Company is a private Company within the meaning of Section 102 of the Companies Act, 2013 and accordingly:"

--->In the Memorandum of Association (MOA), in the last clause stating the Authorised Share Capital, Remove the entire para after "Rupees ten only" (See below, remove the text marked in Red).

The Authorised Share Capital of the Company is Rs.1,00,000/- (Rupees One Lakhs only) divided into 10,000 (Ten thousand only) Equity Shares of Rs. 10/- (Rupees Ten only) each  to be increase or reduced  in accordance with the relevant provisions of the Companies Act, 1956.

This Article is for those people,

applying

for Company Incorporation after The New Companies Act, 2013 has been passed in the parliament.

Form 18 and form 1 are being rejected by the ROC Authorities, as many people are using the same old AOA formats for incorporating company now.

You can use the same old format, but, make the few changes, stated below:
 

--->In the first page of the Articles of Association (AOA), there will be para like "The Company is a private Company within the meaning of Section .......".


As per previous Act, you might have written Section 3 in there. Now, replace that section with 2(68) which then comes as "The Company is a private Company within the meaning of Section 102 of the Companies Act, 2013 and accordingly:"

--->In the Memorandum of Association (MOA), in the last clause stating the Authorised Share Capital, Remove the entire para after "Rupees ten only" (See below, remove the text marked in Red).

The Authorised Share Capital of the Company is Rs.1,00,000/- (Rupees One Lakhs only) divided into 10,000 (Ten thousand only) Equity Shares of Rs. 10/- (Rupees Ten only) each  to be increase or reduced  in accordance with the relevant provisions of the Companies Act, 1956.

 
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