re-submission query on OPC thrice times

[CS Chetan bakshi]

Dear colleagues,

I am trying to incorporate One Person Company but I got resubmission for the third time and the common objection is 

Pl make the following compliances as it is final opportunity :-
 1.As per rule 3(6) of the Companies (Incorporation)
Rules, 2014 OPC cannot carry on NBFC related activities and no OPC can acquire/invest in securities of any body
corporate and further OPCcannot issue or allot shares to anyone except its member. Please remove such objects from MOA/AOA i.e. Point no. 3(ii) & 8 from AOA.

there is no such activity related to it, kindly help in this regard. i am also sharing object clause along with this mail

   

CS Chetan Bakshi
M/s Chetan & Associates
1st Floor, W.S.191,
Basti Sheikh, Near Old Division No.5
Jalandhar

9781893651 (M)

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[CS Vicky Kundaliya (V.M.Kundaliya & Associates, Practicing Company Secretary), Mumbai]

Dear CS Chetan,

As per my opinion, CRC is pointing in AOA and not MOA.

If possible, share AOA or check in AOA.

Thanks & Regards,

CS Vicky 

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[Naveen Kumar]

Plz submit the OPC MOA and AOA not Pvt company, for few points they send resub... 

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​Thanks & Regards

CS Naveen Kumar

(Practicing Company Secretary)

Mo. No. - 9452865114

[CS Chetan bakshi]

they are pointing out repeatedly in AOA's other clauses. In the last resubmission, they pointing out Specifically that Clause No 7 and 8 of Table F not applicable after i submit a query on MCA portal

see below the last resubmission I GOT: - 

As per rule 3(6) of the Companies (Incorporation) Rules, 2014 OPC cannot carry on NBFC related activities and no OPC

can acquire/invest in securities of any body corporate and further OPC cannot issue or allot shares to anyone except
its member. Please remove such objects from MOA/AOA i.e. Point no. 7 & 8 from AOA.

in this regard, how I can understand what they want to point out exactly 

as provision 3 (ii) related to debentures who are creditors of the company and how this clause relates to OPC, i did not understand.

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[CS V Kartik]

If there's any point pertaining to debentures in MOA, remove them. Secondly, in AOA, all the provisions or points pertaining to general meeting should be marked as Not Applicable (box).

Kartik

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[CS Chetan bakshi]

Dear Sir,

clauses pertaining to debenture mention in AOA and not in MOA, i have already pointed out clauses related to general meeting not applicable on OPC. they are pointed out new provisions again and again. That's why I share with group members.

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[CS Shivani Arora]

Dear Chetan,

Even a single word related to said activityl leads to objection. 

Please read thoroughly your MOA and AOA and remove such words.

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[CS Nagpur]

i think Sir you have used these words "Trader & Marketers " they might me interpreting it as engaged in Financial Assets.

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[CS Chetan bakshi]

yes, might be interpreted in that way. i talked to one of my friends, he is also of the same view. so, I changed the language of the main object. However, I attached the whole main object clause at the time of Spice Part  - A which got approved so I ignored it in the previous submission.

Thanks for your valuable values. 

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[Puja Agarwal]

I HAVE RECIEVED THIS QUERY FOR RESUBMISION HOW TO SOLVE THIS. PLZ HELP

As per rule 3(6) of the Companies (Incorporation) Rules, 2014 OPC cannot carry on NBFC related activities and no OPC

can acquire/invest in securities of any body corporate and further OPC cannot issue or allot shares to anyone except
its member. Please remove such objects from MOA/AOA i.e. Point no. 7 & 8 from AOA

[CS Neha Gupta]

@ Puja ......Remove such clause from MOA & AOA

[kartik bhatia]

remove NBFC related activities and no OPC

can acquire/invest in securities of any body corporate  from moa object and.....  uncheck 7 and 8 point in aoa

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