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Is form 18 required immediately after form 1

Karthik Mohan Prabhu (Associate) (73 Points)

21 December 2010

1) I am e-filing and e-stamping form 1 for incorporating a pvt limited company in bangalore. I would like to know if form 18 and form 32 needs to be filed immediately after form 1 or should form 18 be done after incorporation of the company.

2) There are people who say ROC needs to check the MOA and AOA and then rectifications if any needs to be done before filing form 1. Is this applicable anymore, if yes how do I submit the MOA and AOA to ROC before submitting Form 1 (I would be paying the stamp duties online along with form 1)

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7 Replies

Neha Gupta (PCS) (377 Points)
Replied 21 December 2010

We have to File forms 1, 18 and 32 together at time of incorporation and each form shall be digitally signed.

How could you apply for incorporation of a Company without filing form 18, which give details of the Registered Office address of the Company. It is mandatory to file form 18 along with form 1 and 32.

With Form 1 we have to attach MOA and AOA of the Company, you have to ensure that the MOA and AOA should be properly drafted specially Main Objects Clause of MOA as the purpose of the Company is already given to ROC while applying for name availability in Form 1A. So it should be similar to what you have earlier given in Form 1A.

Even if any correction and information is demanded by ROC you have to give proper reply to them in by filing e forms.

Regards.

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Ajay Mishra (Company Secretary) (74337 Points)
Replied 21 December 2010

Agreed with Neha.........

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Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 21 December 2010

Agree with Neha. Form 1, 18 and 32 have to be filed simultaneously.

Further to the points emphasised by Neha I would like to add further that the MOA and AOA have to be properly executed by the subscribers by writing their names, father's / husband's name, address, occupation,number of shares subscribed in words as well as in figures, signatures and date which needs to be witnessed. The witness shall also write his name, father's / husband's name, address, occupation, signature and date.

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Kumaresh (STUDENT) (30 Points)
Replied 01 November 2012

I filed Form 18 for change of company address. when will change company address as per ROC Date. Payment is approved. but, company master data does changed address. whwn it will change in current address?

Ajay Mishra (Company Secretary) (74337 Points)
Replied 01 November 2012

Check the master data , i think, it have been changed.

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CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 01 November 2012

Agreed with the views of Learned Members....

Vinod Kabra (BUSINESS) (246 Points)
Replied 28 September 2013

What are the document required before filling the Form 1, 18,32 so that we ensure that there is no delay. if the registered office address is owned by the director of the company then what is the consequencs??????? please reply urgently..