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11 December 2012 How many Directors need to sign on MOA & AOA ?

Hari Beldona

Hari Beldona (Expert)
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11 December 2012 Not by directors but by subscribers to M/A & A/A
MEMORANDUM OF ASSOCIATION
be signed by each subscriber (who shall add his address, description and occupation, if any), in the presence of at
least one witness who shall attest the signature and shall likewise add his address, description and occupation, if any.
ARTICLES OF ASSOCIATION
be signed by each subscriber of the memorandum of association

Ajay Mishra

Ajay Mishra (Expert)
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11 December 2012 Hi

Agreed with expert.

Important points which must be considered while drafting Association clause of Memorandum
(1) According to section 12, there should be at least two persons subscribing to Memorandum of Association in case of private company and seven in case of public company.
(2) The names of subscribers to Memorandum of Association must tally with the names of promoters as given in application for availability of name. (See the Circular No. 1/90, dated 5-1-1990).
(3) In case one or more of the promoters, whose name have been included in application for availability of name, are no more interested in incorporation of the Company, no-objection letter from such promoter should be obtained and made available to MCA/ROC at the time of registration of the company.
(4) The Registrars have also been told that in case if there is any change in the names of the subscribers from what was given in e-Form 1A for availability of name, the changed subscribers should be asked to make a fresh application for availability of names. However, the names in instances of the above nature will be valid for six months, the MCA/Registrar will have no objection to allow the said name in response to the fresh application if the name is not utilised for six months in terms of the original application.

As per provisions of section 30 of the Act, the Articles shall be printed, divided into paragraphs, numbered consecutively and signed by the subscribers of Memorandum of Association.

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