22 July 2022
"Declaration of directors/ shareholders Previous name to be mentioned in Altered AAOA & AMOA with footnoting" this is the Message received on for filing Form MGT 14 and asked for Resubmission. Is there a proper format to be uploaded
07 July 2024
The message you received regarding the "Declaration of directors/shareholders Previous name to be mentioned in Altered AAOA & AMOA with footnoting" suggests that you need to make a specific declaration in the altered Articles of Association (AOA) and Memorandum of Association (MOA) of your company when filing Form MGT-14. Here’s how you can address this:
1. **Update AOA and MOA**: Ensure that the altered AOA and MOA contain a specific declaration regarding any previous names of directors or shareholders. This declaration should explicitly state their previous names along with their current names.
2. **Footnoting**: Use footnotes in the altered AOA and MOA to provide clarity and reference to the declaration. The footnotes should be placed at the relevant sections where the names of directors or shareholders are mentioned.
3. **Format and Documentation**: While there isn’t a standard template provided by the Ministry of Corporate Affairs (MCA) for this specific declaration, it typically involves a straightforward statement within the AOA and MOA documents. Here’s a general format example:
``` "Declaration: The directors/shareholders of the company were previously known by the following names: - [Previous Name 1] - [Previous Name 2] ... (list all previous names) This declaration is made in accordance with the requirements of [mention the specific section or regulation if applicable]." ```
**Submission**: When resubmitting Form MGT-14, ensure that the altered AOA and MOA with the declaration and footnoting are uploaded as part of the required documents.
**Consultation**: If you’re unsure about how to format this declaration or if specific regulations apply to your situation, it’s advisable to consult with a company secretary or legal advisor who can provide guidance tailored to your company's needs and ensure compliance with regulatory requirements.
By following these steps and ensuring the declaration is clearly stated and footnoted in the altered AOA and MOA, you should be able to proceed with the resubmission of Form MGT-14 successfully.
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