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Typed annexure to moa and aoa

Manu.R (student FINAL) (106 Points)

27 July 2013

DURING INCORPORATION

WHILE FILING FORM-1, annexure to MOA and AOA WERE TYPE WRITTEN and signed by the subscribers to MOA

UNLIKE HANDWRITTEN AND SIGNED ,,.. DOES IT HAVE ANY IMPACT IN APPROVING THE FORM-1.

THANX

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1 Replies

Ajay Mishra (Company Secretary) (74337 Points)
Replied 29 July 2013

Name, address, descripttion and occupation of each subscriber

Subscribers shall sign and write in the Memorandum and Articles of Association his/her own hand, his/her name, father's/husband's name, address, age and occupation, if any, and shall also write against his name the number of shares he/she proposes to subscribe. Subscribers can be either literate or illiterate, either man or woman, either resident or non-resident, either Indian national or foreign nationals. In any case they must be competent to enter into an agreement.

The subscripttion to a memorandum of association means not merely signing at every one of its pages but signing their names in token of entering into an agreement both as to signatories forming themselves into a company but also their undertaking to take number of shares indicated against their names. [Arthanari Transports (P) Ltd. v K.P. Swami Gounder (1965) 35 Comp Cas 930 (Mad)].

The signatures of the subscribers must be authenticated by a witness who is not a subscriber himself. He shall likewise add his name, father's name, address, age and occupation, if he is a member of the professional body, membership number with shall also be written if any. If attestation of Memorandum of Association which has been registered turns out to be irregular, it does not render the same void [Chotalal v Dal Sukram (1892) ILR 17 Bom 472].