Apostille of Incorporation documents

[cshemantpai]

Dear Learned Members,

A foreign company is incorporating Indian subsidiary for which it is authorising an officer, who is an Indian national having Indian address. In this case whether the documents (including MOA and AOA) to be signed by Indian national on behalf of the foreign company requires notary and apostile?

Please share your views.

[Devansh Garg]

No

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[Devansh Garg]

no

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[Ramaswami Mohan]

has the name been approved ?

the resolution which the foreign company passes and its true copy has to be signed and notarised / apostilled - the resolution will state the shares to be undertaken etc and the person who is authorised to sign the MOA / AOA.

I feel that , there will not be any need to apostille MOA /AOA if it is executed in India - but again the Indian national having Indian address - is he going to be a Director ? then the MOA /AOA being signed by a company under an authorisation has to be sealed as well, so the place of execution has to be necessarily abroad and not in India. Hence the document is necessarily to be apostilled.

views of others welcome,

regards,

Mohan

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CS. R.  Mohan
Mobile: 9908814677

[cshemantpai]

Dear Mohanji,

Thanks for your response.

Does it valid to consider that foreign company has allowed to carry the seal to such Indian authorised representative? for signing the document as place of execution of document is the concern for considering the Apostile.

Thanks & Regards

Hemanth Pai

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[Venkata subba rao]

All the documents of the proposed directors shall be notarized by the Notary (Public) of the country of his origin and, in certain cases, if the Director is a foreign national, the documents may require Apostilling as well.

It means that in case of a Non-Resident Indian (Indian National), only notarization is required. Such an NRI can give his Indian residence or foreign residence Proof, both of which will require notarization only.

. MOA and AOA shall a require Apostilling in case any of the subscribers is a foreign national, which will always be the case because the proposed company is being incorporated as a subsidiary of the foreign company and hence foreign company will be its subscriber.

 regards

cs p.v.subba rao

m.com,m.b.a,cs,cma

[Kumar Bhagwat]

Hi Hemant,

In my view, MOA(INC-33) and AOA(INC-34) can be digitally signed by the representative who is authorised by foreign company by way of resolution. However, the resolution & foreign company registration documents are to attached and the same need to be notarized and apostilled at the home country.

regards,

 

On Thursday, September 7, 2017 at 1:25:59 PM UTC+5:30, cshemantpai wrote: