Insepction_sec.39

This query is : Resolved

siddhi08 (Querist)
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05 August 2013 Dear All,

One of the Shareholder of the Company wanna a copy of MOA & AOA also last 5 yrs Annual Report. He had sent the cheque of Rs. 10/- for the same.

Kindly help me out, the charges for inspection? whether it s one rupee for per page and its details.

Urgent,

Thanks,
Siddhi Patil

Ajay Mishra

Ajay Mishra (Expert)
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05 August 2013 Hi

Memorandum of Association is a basic document of a company; it is a charter of the company. This document is of vital importance for the company, its directors and every other persons dealing with it. After its registration, it acquires the status of MOA as a public document, which is available for inspection at the registered office of the company as well as with the office of the concerning Registrar of Companies. A copy of which may also be obtained on payment of the prescribed fees.

These documents are open and accessible to all for inspection, etc., subject to rules framed in this regard under different sections of the Companies Act, 1956. The Memorandum and Articles of Association of a company assume the character of public document on their registration with the concerned Registrar, therefore the Articles are open to any person to read these documents and ensure that his contract is in keeping with the provisions contained in the Articles.

http://wirc-icai.org/wirc_referencer/Company%20Law/Statutory%20Registers.htm

siddhi08

siddhi08 (Querist)
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05 August 2013 Dear Ajayji,

But, if the shareholder wants a copy of the same, then it is available after paying Rs. 1/- per copy of MOA & AOA?

Thats my query, because i have received the cheque of Rs.10/- from that shareholder who wanna MOA & AOA and 5 yrs Annual Report.

Thanks,
Siddhi

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Ajay Mishra

Ajay Mishra (Expert)
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05 August 2013 Generally, the inspection fee is not defined under the Act for MOA/AOA, so you can use the provision of other section which specifies the fee charged for getting copy of other documents after inspection.

The shareholders has right to take copy of MOA/AOA, because they have invested in your company.