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Rent deed in the name of new company

25 December 2013

Hi,

Please guide me,

we have fillied & approved by MCA of Form 1A.

we want to take business premisses on rent . Can we made rent agreement in the name of Pvt. limited before filling Form 1/18/32 & geting certificate of corporation.

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3 Replies

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 27 December 2013

Yes you may execute the agreement in the name of such company. Please mention proposed to be incorporated in brackets to clarify that the company is proposed to be executed.

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Birendra kumar (PROFESSIONAL) (66 Points)
Replied 06 March 2014

pl specify the the who will sign the rent agreement & what would be effective date.pl if any format pl send the rent agreement format at kumarbirendra66666 @ gmail.com

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 06 March 2014

Friends, in my view, pre-incorporation contracts are to be signed by the promoters only (acting on behalf of proposed company) since company will come into existence on the date of incorporation. Promotoers will be personally liable for such contracts in case the same are not adopted by the company after incorporation or if the company is not registered at all.

Alternatively, an MoU could be signed at this stage for rent and after incorporation rent agreement could be signed in the name of the company.