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Power of attorney for form 1 for private ltd company

Balaji (Company Secretary) (36 Points)

30 November 2013

Dear Sir’s,

Request you to kindly advice. I am in process of Incorporating a Pvt ltd company. I want to know is it mandatory to attach a Power of Attorney, even though it is mandatory then can a CS in employment of other company can be authorised through POA. Also advice me is the CS in employment of some other company can be witness of MOA and AOA of the proposed incorporating company. Please note the CS would not be either the director and subscriber of the company. He will be merely a witnessing person and a person having POA of the proposed company.

Kindly advice. Many thanks

BalaJi

B.com ACS LLB

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4 Replies

Anil Dhiman (Company Secretary) (114 Points)
Replied 30 November 2013

It is not mandatory to attach POA. Had it been compulsorily, CS of some other company can be authorised only on the extant instructions of the Board of both the companies. CS of some other company cannot be the witness.It has to be some independent professional.

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Balaji (Company Secretary) (36 Points)
Replied 02 December 2013

Originally posted by : Balaji

Dear Sir,

Many thanks for the mail. Please note I cannot find anywhere in the Law to grant a POA in case of Incroporation. Further I can also note that the MOA and AOA can be witness by any independent person as well.

Can we do so...correct me if my opinion is incorrect.

Urgent response is required, since I am in process of Incorporation of a Company

Dear Sir’s,

Request you to kindly advice. I am in process of Incorporating a Pvt ltd company. I want to know is it mandatory to attach a Power of Attorney, even though it is mandatory then can a CS in employment of other company can be authorised through POA. Also advice me is the CS in employment of some other company can be witness of MOA and AOA of the proposed incorporating company. Please note the CS would not be either the director and subscriber of the company. He will be merely a witnessing person and a person having POA of the proposed company.

Kindly advice. Many thanks

BalaJi

B.com ACS LLB

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 08 December 2013

MOA AOA can be witnessed by any Professional. No where has been mentioned that he should be in job or not. So a person in employment also can witness to the subscribers in MOA nd AOA. There is no such restriction under the law that a CS in employement in other company can not give his wittness.

Anil Dhiman (Company Secretary) (114 Points)
Replied 09 December 2013

Mohit Sir,

Please think it across. If a professional in employment certifies a document, in what capacity would he authenticate the documents?

Most importantly, please decipher the relevance of the word Independent when used with any professional. If somebody comes to me randomly and asks me to certify his documents, I may not do so because my certification will extend exclusively to my employer and not the outsiders in general.

I hope that suffices the query raised.

CS Anil Dhiman