Signing of Documents for incorporation of a company

[Santhosh Kumar]

I propose to register a company in which 75% of the shares are taken
by an Italian co and the balance 25% by an Indian residing in Italy.
The Italian company will be authorizing its chairman to sign the
document for and behalf of the Italian Company. The documents will be
signed at Italy. What are the formalities to be complied in this
regard for registration of the company with ROC.
Who can witness the documents. Whether it is to be attested by the
Indian Embassy at Italy? Is it necessary that the Chairman should
produce some letter of authority or any thing like that for signing
the documents. Learned members views are solicited.

Thanks in advance

[Rakesh]

Dear Santhosh,

Please note that practise of acceptance of incorporation documents may
vary from one ROC to another ROC slightly.Invariably,you should follow
the following steps:

Since the incorporation docuemnts such as subscription sheets,POA
etc., are to be signed outside India therefore all the signed
docuemnts must be attested by the Mission of India at Italy.In your
case witness can be any body in presence to whom chairman signed the
docuemnts.The chairman should be duly authorised through proper board
resolution or letter of authority.You should obtain One Power of
Attorney in favour yourself to take up the rest of formalities from
the Italian company as well as from the Indian Shareholder.

You have to prepare following documents to incorporate the company:



Register a Company

Registrars of Companies (ROC) appointed under Section 609 of the
Companies Act covering the various States and Union Territories, are
vested with the primary duty of registering companies floated in the
respective States and Union Territories and of ensuring that such
companies comply with statutory requirements under the Act. These
offices function as registries of records relating to the companies
registered with them, which are available for inspection by members of
the public on payment of the prescribed fee.


The steps to be followed for registering a private limited or a public
limited company are enlisted here.

Steps to be taken to get incorporated a private limited Company:

Select, in order of preference, a few suitable names, not less than
four, indicative of the main objects of the company.
Ensure that the name does not resemble the name of any other company
already registered and also does not violate the provisions of Emblems
and Names (Prevention of Improper Use) Act, 1950.
Apply to the concerned ROC to ascertain the availability of a name in
the General Rules and Forms along with a fee of Rs.500/- If the
proposed name is not available apply for a fresh name on the same
application.
Arrange for the drafting of the Memorandum and Articles of Association
by the solicitors, the vetting of the same by the ROC and the printing
of the same.
Arrange for the stamping of the Memorandum and Articles with the
appropriate stamp duty.
Get the Memorandum and Articles signed by at least two subscribers in
his own hand, his father's name, occupation, address and the number of
shares subscribed for and witnessed by atleast one person.
Ensure that the Memorandum and Articles are dated after the date of
stamping.
Get the following forms duly filled up and signed:
Declaration of Compliance
Notice of the situation of the registered office of the company
Particulars of the Director, Manager or Secretary
Present the following documents to the ROC with the filing fee and the
registration fee:
The stamped and signed copies of the Memorandum and Articles of
Association (3 copies).
Form-1, 18 & 32 .
Any agreement referred to in the M & A.
Any agreement proposed to be entered into with any individual for
appointment as Managing or whole time Director.
Name availability letter issued by the ROC.
Power of Attorney from the subscribers in favour of any person for
making corrections on their behalf in the documents and papers filed
for registration.
Pay the Registration and Filing Fee by Demand Draft/Banker's Cheque if
it exceeds Rs.1000/-
Obtain the Certificate of Incorporation from ROC.

Kind Regards.
Rakesh

[Rakesh]

On Dec 4, 9:34 am, Rakesh <royra...@gmail.com> wrote:
> Dear Santhosh,
>
> Please note that practise of acceptance of incorporation documents may
> vary from one ROC to another ROC slightly.Invariably,you should follow
> the following steps:
>
> Since the incorporation docuemnts such as subscription sheets,POA
> etc., are to be signed outside India therefore all the signed
> docuemnts must be attested by the Mission of India at Italy.In your
> case witness can be any body in presence to whom chairman signed the
> docuemnts.The chairman should be duly authorised through proper board
> resolution or letter of authority.You should obtain One Power of
> Attorney in favour yourself to take up the rest of formalities from
> the Italian company as well as from the Indian Shareholder.
>
> You have to prepare following documents to incorporate the company:
>
> Register a Company
>
> >

> > Thanks in advance- Hide quoted text -
>
> - Show quoted text -