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Is power of attorney mandatory in eform 1?

Vinayak (None) (35 Points)

29 December 2011

Hi,

As the title says, is POA mandatory to be attached in form 1? I, as a Director, am okay with collecting the Certificate of Incorporation myself from the ROC, so I hope it is not a requirement to appoint a CA/CS for this job.

Thanks

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3 Replies

CS Surbhi Bansal (Self Employed) (131 Points)
Replied 29 December 2011

It is not mandatory but to get the company incorporated you must have to hire a professional who is engaged in the formation of the company and who digitally sinned the E- Form 1, 18 & 32 with respect to incorporate the company.

So , in the general practice the professoinal who is witness the signature of subscriber & other related incorporation documents is authorized by the Special power of attorney to do all the necessary act which required to be conduct in the process of incorporation of the company.

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(Guest)

Mr. Vinayak,

It is not at all mandatory to attach POA to Form 1.

Moroever you are not required to go to ROC for collecting certificate of incorporation. They will dispatch it to your registered office address of company.

Also you can download certificate of incopration from below link available on MCA portal :

https://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&sessioncheck=yes&mode=44

Revert for any other clarification required.

Kind Regards,

Neha Jain

nehajaincs @ gmail.com

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 01 January 2012

Dear Vinayak, yes there is no need for Power of attorney in case you go for incorporation of company. In Form 1 where you give declaration, if it will be signed by any Professional then you need to give POA but in case it is being signed by the Director then no POA is required. But remember under MCA 21, there is need to file Form 32 and Form 18 where there is necessity to get these form certified by the Professional. So without getting the Professional Services, you can not incorporate the company. Professiona certificaton can be done from Practicig CA, CS or CWA.