Doubt_LLP_Subscription Sheet

[spandana kn]

Hi,

LLP Subscription sheet, 4th column requires Name, address & profession (along with  professional membership number) of witness.

Please clarify - who can sign as witness
any normal person or
person who is in practice or
practicing person who certify the form or
person who is member of the Institute.

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Thanks and Regards

Spandana K N

 

[Nisha Dhailla]

a person who is in practice (CA, CS, CWA, Lawyers)

[spandana]

Hi Nisha,

Thanks.

My another doubt is - can Company Secretary in employment sign the subscription sheet (he holds professional membership no.)

[Nisha Dhailla]

Yes.. actually it varies state to state.. any one who is not an interested party can witness.. but in Delhi ROC demands only professionals to witness the subscriber sheet.. so it is just a customary practice that professionals witness the subscriber sheet.. it only demands an authenticate person to witness.. so if you have membership no. you can witness..

On Wednesday, July 24, 2013 4:51:12 PM UTC+5:30, spandana wrote:

[Ganga Anil Kumar]

Dear Friend,

Any body having capacity according to Contract Act 1872 can be a witness for subscription sheet. Witness may be a PCS, or other person including relatives and employee CS.

Dear Nisha Dhailla,

May I know where is it mentioned that "the witness should be a non interested party".

In subscription sheet (LLP eForm 2) it is mentioned that "Name, address and profession (along with professional membership number) of witness".

Professional membership number is required if the witness is professional.

Hence, witness can be any person having sound mind.

Thanking you,

Warm Regards

CS Anil Kumar Ganga | Hyderabad | India | +91 80082 99901 | +91 84980 84006 

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                                             " Try And Try Till You Succeed"

On 24 July 2013 17:40, Nisha Dhailla <csni...@gmail.com> wrote:

No.. the witness should be a non interested party.

On Wednesday, July 24, 2013 4:51:12 PM UTC+5:30, spandana wrote:

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[Nisha Dhailla]

Sir first of all thanku for this valuable information.. secondly I would like to ask u a doubt.. but before that I want to discuss  this case with u.. sir actually in a company incorporation case client sent us their subscription sheet duly witnessed and we filed their documents.. but our form came for resubmission with the remarks that subscription sheet is not witnessed by authenticated person.. so we personally visited the ROC office and asked for the clarification then they asked who was the witness?? N as this is a very old case I don’t remember exactly but the witness was might be the father or brother of the promoter.. n as I mentioned the same at ROC office this was their comments that witness should be a non interested party and it is not mandatory to get the subscription sheet witnessed by professionals but it is advisable as professionals are authenticated person.. and sir as I was merely a fresher and was not confidant enough to question back that where it has been mentioned that witness should be non interested party and also didn’t want to get clash with the case we followed their advice.. now I am very thankful to u for this clarification and now I can actually ask them this query.. but sir I would be oblige to u if u will clear one more doubt.. as u said a person competent to contract under contract Act can be a witness so I want to clear is there any implied contract while a person witness a document ??

On Wednesday, July 24, 2013 4:51:12 PM UTC+5:30, spandana wrote:

[spandana]

Thank you Anil Kumar Ganga

[Ganga Anil Kumar]

Dear Friend,

The person who is witnessed is neither liable to perform any obligation nor it is a implied contract. He is just eye witness that the subscribers have signed the subscription sheet in his presence.

Witness is for evidence for the signatures of the parties to the contract or subscription sheet but not liable for any obligation in the contract. 

Further, witness need not be non-interested party.

Thanking you,

Warm Regards

CS Anil Kumar Ganga | Hyderabad | India | +91 80082 99901 | +91 84980 84006 

...........................................................................................................................................

                                             " Try And Try Till You Succeed"