Query regarding incorporation of a private company

721 views 4 replies

Varun Kumar S K

Student

318 Points Joined August 2008

One of our client wants to Incorporate a company. We are facing the following issues:-

1. The property was purchased last month and there is no legal document other than Sale deed. The ROC is not accepting the sale deed as a document in Form 18. They are asking a document/receipt from the Government.eg. Property Tax receipt, Electric/water bill as address proof. The same is not available as the property was purchased last month.

2. The Property is in the name of the Director. Is it required to get NOC from the director to run the business. And the same to be entered in the Register as per Sec 299.

Please provide us the solution.

Email: skvkskvk @ gmail.com

Replies (4)

CS MOHIT SALUJA

PRACTICING CS Jalandhar 9914558709

5155 Points Joined April 2010

Yes proof in respect of any govt bill is required for address proof for incorporating a company. It exhibits that the building actually exists.

Yes if the company is in name of director and the director is giving the land without any lease to the company, then NOC is required from Director. If the property is given on lease, then NOC is not required rather lease deed/ rent deed will be suficient.

CA Darshak Shah

Practicing CA

1889 Points Joined April 2012

Hello Sir,

Try to obtain allotment letter/possession letter from builders on letter head.

Write a detail justification letter (mentioning above problem) signed by directors and attach in optional attachment.

NOC by director is also required.

P.S- If possible, please obtain declaration/undertaking from

builders indicating that the said property is undergoing through registration from various government authority and request you to consider allotment letter as a valid proof being given in bonafide intention.

It will work i guess.

Regards

Charu Srivastava

Company Secretary

4210 Points Joined July 2010

Dear Varun

Address proof is necessary pusuant to the notication of ROC dated 24.12.2013. you can ask for thr address proof from the seller and also attach Sale deed justifying the fact it has been execute.

Thanks & Rgards

Charu