Format of declaration for non acceptance of deposits

16965 views 33 replies

punit padalia

Own practice

77 Points Joined January 2009

hello everyone,

i had applied for the incorporation of a pvt ltd co., the Form1 got rejected for resubmission.

the reason is that they require a Declaration/Affidavits from subscribers/first directors first at the time of incorporation and from directors, to the effect that company/directors shall not accept deposits unless it complies with the applicable provisions of Companies Act, 1956, RBI Act, 1934 and SEBI Act, 1992 and rules/directions/regulations made there under as per Ministry's circular No. 01/2013 vide letter No. 17/118/2012/CL.V dated 19.03.2013.

so kindly request if any one have the format for the same please mail me on pntpadalia @ gmail.com.

thanks in advance.

Replies (33)

Guest

Please check the form I m not sure whether is it required for Pvt Companies.....Is any thing wrong

Mohammed

CS Mcom LLB

857 Points Joined September 2009

Dear Members, I have also got the same error while filied a form1 for incorporation, please if someone could assist on the same or share the circular

punit padalia

Own practice

77 Points Joined January 2009

yes it is required......

Guest

There is no such circular...please check once in ur MOA is there any provision which draws the point of Deposit in the mind of ROC...if it helps

punit padalia

Own practice

77 Points Joined January 2009

okay...thanks

Ruchi Chauhan

Company Secretary

21 Points Joined December 2012

Dear All,

Even I came across same objection and form has got rejected...

I could not find the referred circular.. please help for way out..

CS MOHIT SALUJA

PRACTICING CS Jalandhar 9914558709

5155 Points Joined April 2010

There is neither such circular in this respect nor any thing else. I even uploaded the Forms for incorporation on Sunday and the company incorporate on Monday without any objection.

ashish

Private Service

26 Points Joined February 2013

To those who are saying their form got rejected. please can you specify the type of industry.

I got the same error, I was filing for infrastructure.

To those who are saying their is no such circular, why did MCA rejected the Form 1, filed with MCA reasoning the same as stated by Mr. Punit Padalia

ashish

Private Service

26 Points Joined February 2013

Experts have the opinion this circular has just been passed on 08.05.2013. Please clarify, as such there are lots of changes regarding Company Incorporation Forms.

Anand

Practicing CA

190 Points Joined September 2007

Got the same reason for resubmission

Industry Type : Manufacturing / Fabrication

Also cannot find such circular or declaration format.

Guest

Raise a Tickect...they will reply

yashsr

2285 Points Joined April 2011

Originally posted by : ashish
	Experts have the opinion this circular has just been passed on 08.05.2013. Please clarify, as such there are lots of changes regarding Company Incorporation Forms.

Are you sure? I've checked the list of circulars issue by MCA and I couldn't find it. Please see:

https://www.mca.gov.in/Ministry/companies_act_Cir.html

punit padalia

Own practice

77 Points Joined January 2009

Hello every1 thanks to all for your reply and participation. i finally got the form approved by just attaching in Form1 a simple declaration with 100 Rs. franking done on it and notary done on the same. I M attaching the format of the same.