27 February 2015
1. What is From 2p2. 2. And Format of Affidavit for Non Acceptance of Deposit as per Company act 2013. 3.Sample Format of MOA & AOA for an OPC Company.
27 July 2024
Registering an OPC (One Person Company) involves several formalities under the Companies Act, 2013. Below is the guidance on the queries you've raised:
### **1. What is Form 2P2?**
**Form 2P2** does not exist in the context of OPC registration or the Companies Act, 2013. You might be referring to **Form INC-2**, which is used for the incorporation of a One Person Company (OPC) under the Companies Act, 2013.
- **Form INC-2**: This is used for the incorporation of a One Person Company (OPC). It contains information about the OPC, including its proposed name, the address of the registered office, and details of the sole member and nominee.
### **2. Format of Affidavit for Non-Acceptance of Deposit**
The affidavit for non-acceptance of deposits is required as part of the incorporation process to declare that the OPC will not accept any deposits from the public. Below is a sample format of such an affidavit:
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**Format of Affidavit for Non-Acceptance of Deposit**
**AFFIDAVIT**
**I, [Full Name],** son/daughter of [Father’s Name], aged [Age] years, residing at [Address], do hereby solemnly affirm and declare as follows:
1. **That I am the sole member of [Company Name] and am making this affidavit in connection with the incorporation of the said company as a One Person Company (OPC) under the Companies Act, 2013.**
2. **That I, in my capacity as the sole member of [Company Name], declare and undertake that the company shall not accept any deposits from the public within the meaning of section 73 and section 76 of the Companies Act, 2013.**
3. **That I fully understand the implications of accepting public deposits and have made this declaration to comply with the statutory requirements under the Companies Act, 2013.**
4. **That this affidavit is executed to ensure that the company’s registration and incorporation process are completed in accordance with the legal requirements stipulated under the Companies Act, 2013.**
**Place:** [Place]
**Date:** [Date]
**Signature:** [Full Name] Sole Member of [Company Name]
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**Verification**
I, [Full Name], do hereby declare that the contents of this affidavit are true and correct to my knowledge and belief. No part of it is false, and nothing material has been concealed therein.
**Place:** [Place]
**Date:** [Date]
**Signature:** [Full Name]
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### **3. Sample Format of MOA & AOA for an OPC Company**
**Memorandum of Association (MOA)**
**[Company Name]** **Memorandum of Association** **(Under the Companies Act, 2013)**
**1. Name Clause:** The name of the Company is [Company Name] OPC Private Limited.
**2. Registered Office Clause:** The registered office of the Company will be situated in the State of [State].
**3. Object Clause:** The objects for which the Company is established are: - To carry on the business of [Nature of Business]. - To engage in any lawful activity related to the primary object.
**4. Liability Clause:** The liability of the member is limited to the extent of the unpaid share capital.
**5. Capital Clause:** The authorized capital of the Company is ₹[Amount] divided into [Number] equity shares of ₹[Value] each.
**6. Subscription Clause:** We, the undersigned, are desirous of being formed into a Company in pursuance of this Memorandum of Association.
**Name, Address, and Signature of the Sole Member:**
1. [Full Name], residing at [Address], Signature: ____________
**Date:** [Date] **Place:** [Place]
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**Articles of Association (AOA)**
**[Company Name]** **Articles of Association** **(Under the Companies Act, 2013)**
**1. Preliminary:** The regulations contained in Table F of the Companies Act, 2013 shall apply to the Company in so far as they are applicable to One Person Companies.
**2. Share Capital and Variation of Rights:** - The Company shall have only one shareholder and the capital of the Company shall be [Capital Amount].
**3. Meetings and Voting:** - The Sole Member may pass resolutions in lieu of meetings.
**4. Directors:** - The Sole Member of the Company shall also be the Director of the Company.
**5. Financial Statements:** - The Financial Statements of the Company shall be maintained as per the provisions of the Companies Act, 2013.
**6. Dividends:** - The profits of the Company shall be distributed as dividends to the Sole Member.
**Date:** [Date] **Place:** [Place]
**Signature:** [Full Name], Sole Member
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### **Final Steps:**
1. **Document Preparation:** Ensure all documents are accurately filled out and signed. 2. **Submission:** Submit the Form INC-2 along with the necessary documents to the Registrar of Companies (ROC). 3. **Compliance:** Ensure compliance with all legal requirements as per the Companies Act, 2013.
For precise assistance, you may want to consult a company secretary or legal expert who can provide guidance tailored to your specific needs and ensure compliance with current regulations.