Signing of incorporation documents

This query is : Resolved

Guest

Guest (Querist)

16 March 2011 Dear Friends / Experts,

Please see my basic query :

New private limited company (proposed to be incorporated in Chennai) shall have two shareholders,

where first shareholder is a private limited company, which is represented its MD and

second shareholder is an individual and a nominee shareholder for the first shareholder (who is also the MD of the 1st shareholder i.e. company).

Query :

Whether all the documents (i.e. MOA, AOA and POA) shall have to be signed by the same person, as he plays two roles here.

Ans : ……………….. (I need clarity).

Experts’ may share their experiences.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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16 March 2011 Sir
In the given situation, the following observation may be looked into.
1)The new pvt ltd company can have two promoters / subscribers to the incorporation documents viz., a pvt ltd company represented by its MD and an individual in his individual capacity.
2) In view of the above, my understanding to the query is one person in dual capacity cannot incorporate another company.