Digitally signed EMOA & EAOA in case of foreign national having no DIN
franc...@gmail.com
Form SPICe (INC-32) dated 02/11/2021 filed by CAREINSPIRE HEALTH CARE PRIVATE LIMITED vide SRN T57430951 has been examined and marked as Sent for resubmission with one of the following remarks-
Attachment of MoA and AoA are not acceptable in this scenario. Please provide eMoA (INC-33) and eAoA (INC-34) as linked filing to SPICe form.
The proposed company has 3 subscribers and 2 directors. One of the promoters is Foreign National being Subscriber-cum-Director not having valid DIN. He has OCI Card and visited India and signed the incorporation documents (Physical MOA &AOA) as permitted in Rule 13 (5) (d) of the Companies (Incorporation) Rules, 2014. But the spice form was sent for resubmission with above remarks. Then I doubts are.
1) He is a foreign national and has a PAN. But being a foreign national, his Passport No instead of PAN has to be given in Spice, EMOA & EAOA.
2) EMOA & EAOA has to be digitally signed and for that purpose his DSC should be registered in MCA under Authorised representative's DSC where PAN is asked. But in EMOA & EAOA his Passport No has been given. Hence when these forms are uploaded, message may arise that his DSC is not registered with MCA. Is there any chance; Can we give PAN instead of Passport No in Forms in case of foreign national. Issue was raised to CRC but they ask to refer the Spice tool kits.
Can anybody guide me.
