Upgrad LLM

hc lawyer can incorporate company on behalf of his client


 hi friends

high court lawyer can incorporate a company in favour of his client.

how can file e forms without help of the company secretary

form1 form submit by without use digital signature, only to use pan card

 
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Student

Mr.Manuraj,

A Company can be incorporated by any duly authorized person if the requisite modalities are fulfilled. To my mind what you want to cross check is that in the eventuality of the situation wherein the paid up capital of the Company is such that it does not need to have a Company Secretary then even a Lawyer for that reason can act as a Company Secretary.   Yes it is happening day in and day out.

I hope this satisfies your query.

Best Regards

Daksh

 
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 i need sharp answer hc lawyer can file form1 by online on behalf of his client.  but in mca website digital signature only approved by company secretary. can u check and before answer this question

 
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Adv P & H High Court Chandigarh

I do agree with Daksh
 
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Legal

Read the following extract that clearly states that an advocate can file form no.1

'Get the following forms duly filed up and signed :- (i) Declaration of compliance in Form No.1 by an advocate of the Supreme Court of a High Court, an attorney or a pleader entitled to appear before a High Court or a Secretary or a Chartered Accountant, in whole-time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a director, manager or secretary of the company that all the requirements of the Companies Act, 1956 and the rules thereunder have been complied with in respect of registration and matters precedent and incidental thereto. (Section 33(2))' (ii) Notice of the situation of the registered office of the company in Form No.18 (Section 146). (iii) Particulars in favour of one of the subscribers to the memorandum of association or any other person authorising him to file the documents and papers for registration and to make necessary corrections, if any. This should be executed on non-judicial stamp paper of the requisite value. (Forms stated in sub-items (ii) and (iii) though required to be filed within 30 days of the incorporation of the company, are generally filed together with the Memorandum and Articles of Association.) '

 
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up to name availability a lawyer can proceed and further the digital signature of a CA/ACA/ICWA is required.

steps:-

1. apply DIN for the proposed directors.

2.apply DSC or one of the directors.

3.apply  for name availability in form 1A  with 6 name choice.  and digital signature of the applicant.(client)

in the second stage you need the signature of  CA/CS/ICWA.

 
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Dear Manuraj,

There is no E- Form in which an advocate can digitally sign and submit with Registrar of Companies. You must take assistance of a CA/ CS or CWA to do the needful.

 
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Advocate (Corporate Lawyer)

Only e-form 1 can be digitally signed by an advocate/ CA/ CS/ ICWA but all other eforms under the Companies Act  for formation requires digital signature of a practicing CA/ CS/ ICWA. I am an advocate and a Company secretary but I am practicing as a lawyer. When ever I proceed to form a Company I make all documentation, digitally sign form 1 and get the digital signature of a practicing company secretary on all other forms and pay his fees for certification of forms. This is the easy way out. Please have a tie up with a practicing companny secretary and you work will be smooth.

 
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you said that lawyer can submit e form 1 through digitally, how can register digital  signature in mca site 

 
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