Foot note in moa and aoa

This query is : Resolved

Nehal jain (Querist)
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14 December 2013 Dear Expert,

1. I have filled form 23 and 1B on 03/12/2013.
today i received a mail stating that form 23 and 1B is defective. FOOT NOTE IS NOT APPEARING IN THE MOA AND AOA THAT IT IS SUBJECT TO THE APPROVAL OF COMPETENT AUTHORITY, form should be resubmitted or else treated as invalid.

2. Its mandatory to sign MOA and AOA by the director.

IN THIS CASE WHAT I MUST DO.

Thanks and Regards
R. Nehal Shah

CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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14 December 2013 Dear Nehal,

Please check the following:

1) In the special resolution passed, have you mentioned that the changes will be subject to the approval of Registrar of Companies.
2) Have you inserted proper footnotes in MOA and AOA wherever changes have been made.

Regards,
Adnan

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Nehal jain

Nehal jain (Querist)
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14 December 2013 Dear Sir,

Yes, i have mentioned and even in MOA

The new name would help the company to grow faster. Hence it is decided in the EGM dated 15/11/2013 by the shareholders to change the name from XYZ Consultants Private Limited to ABC Consultants India Private Limited.

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CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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14 December 2013 According to me the footnote in MOA should be like:

"The name of the Company is 'ABC Private Limited' in clause .... is substituted in place of The name of the Company is 'XYZ Private Limited' vide Special Resolution passed by the Members at the EGM held on ......."

The Special resolution filed in Form 23 should have the words in it"SUBJECT TO THE APPROVAL OF REGISTRAR OF COMPANIES" and the footnotes, wherever inserted in MOA and AOA should be signed by Director of the Company along with the stamp of the Company.

Regards,
Adnan

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Nehal jain

Nehal jain (Querist)
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14 December 2013 Thanks a lot sir.

CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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14 December 2013 U r welcome.