Spice resubmission

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Vivek Hegde

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May 31, 2017, 10:11:27 PM5/31/17
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Dear Friends, 

We have got the Spice form for resubmission asking us to attach physical MOA and AOA. This is a case of foreign subscriber. 

Can we now resubmit the form without linking it to INC-33 and INC-34.?

I heard we need to file fresh application.  Please clarify. 

CS Arpit Gupta

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Jun 1, 2017, 1:08:37 AM6/1/17
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if the subscriber is foreign nationality and signed outside India then u should attach physical MOA & AOA with the comply of Rule 13(5) of Incor. Rules,2014



Thanks & Warm Regards
CS Arpit Gupta
Contact No. :- 94145-44398 

P  Please consider the environment before printing this e-mail

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CS Gaurav Kumar

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Jun 2, 2017, 12:29:02 AM6/2/17
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While resubmitting the Forms, it will automatically link all form and upload PAN & TAN as well.

Vivek Hegde

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Jun 2, 2017, 6:22:23 AM6/2/17
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Dear Friends,

I am getting this error:

Inline image 2

Warm Regards

CS Vivek Hegde, FCS, CMA

Vivek Hegde & Co.
Company Secretaries
Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave
Kumaraswamy Layout 2nd Stage , Bangalore-560061
Mob: +91 9900898223; Off: +9180 26663577

On Fri, Jun 2, 2017 at 9:59 AM, CS Gaurav Kumar <pcsgaur...@gmail.com> wrote:
While resubmitting the Forms, it will automatically link all form and upload PAN & TAN as well.

photo 
CS Gaurav Kumar (M.Com, ACS, LL.B)
Prop. at Kumar Gaurav & Associates, Company Secretaries (KGCS)
On Thursday, June 1, 2017 at 7:41:27 AM UTC+5:30, Vivek Hegde wrote:
Dear Friends, 

We have got the Spice form for resubmission asking us to attach physical MOA and AOA. This is a case of foreign subscriber. 

Can we now resubmit the form without linking it to INC-33 and INC-34.?

I heard we need to file fresh application.  Please clarify. 

--

cspar...@gmail.com

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Jun 2, 2017, 7:39:09 AM6/2/17
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while resubmitting u have to upload all linked forms with SPICE form.


On Friday, 2 June 2017 15:52:23 UTC+5:30, Vivek Hegde wrote:
Dear Friends,

I am getting this error:

Inline image 2

Warm Regards

CS Vivek Hegde, FCS, CMA

Vivek Hegde & Co.
Company Secretaries
Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave
Kumaraswamy Layout 2nd Stage , Bangalore-560061
Mob: +91 9900898223; Off: +9180 26663577

On Fri, Jun 2, 2017 at 9:59 AM, CS Gaurav Kumar <pcsgaur...@gmail.com> wrote:
While resubmitting the Forms, it will automatically link all form and upload PAN & TAN as well.

photo 
CS Gaurav Kumar (M.Com, ACS, LL.B)
Prop. at Kumar Gaurav & Associates, Company Secretaries (KGCS)
On Thursday, June 1, 2017 at 7:41:27 AM UTC+5:30, Vivek Hegde wrote:
Dear Friends, 

We have got the Spice form for resubmission asking us to attach physical MOA and AOA. This is a case of foreign subscriber. 

Can we now resubmit the form without linking it to INC-33 and INC-34.?

I heard we need to file fresh application.  Please clarify. 

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Jayshree Lalpuria

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Jun 4, 2017, 6:20:17 AM6/4/17
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You need to attach only the subscribers pages in INC32 as the MoA and AoA will be taken care of in INC33 and INC34.  In case the complete MoA and AoA is attached with INC32, the form will be rejected citing duplication.  The CRC is not aware that INC32, INC33 and INC34 are linked forms.

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Regards,

Jayshree A. Lalpuria
Practising Company Secretary

(M):  09820996575
(Off): 022 26121371/22933381
(Fax): 022 26111371

Add: 14, Adarsh,
83, Nehru Road,
Near HDFC Bank, 
Vile Parle (East),
Mumbai-400 057. 

Vivek Hegde

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Jun 6, 2017, 10:11:41 PM6/6/17
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Dear All,

I guess CRC is also not clear on the process. I feel attaching only subscription pages has no meaning. We need to mention the place of signing by subscriber and PCA/PCS in INC-33 and 34. 

Following is the sequence of issues which I am facing:

1. After getting the name availability, application was filed with two foreign individual subscribers who are Indian Citizens but residing in US. They need not have business VISA since they have Indian Passport. They could not travel to India for signing.

2. Since, we have the authorization for using their DSC as subscriber, and they are not foreign nationals requiring attestation as per INC rules, we filed INC-33 and 34 with DSC. 

3. Please note that without attaching INC-33 and 34, in 'individual cases', it will not even allow you to upload. We can file INC-32 alone only in case of foreign holding Company/foreign body corporate.

4. They have sent the form for re-submission stating that 2)Place of Signing of Mr................ in AOA is India and in all other documents is US, Provide Clarification Ensure IF place of signing is in INDIA valid Business Visa with proof of arrival/OCI/POI required  as per rule 13(5) of Co Inc Rules OR IF place of signing MOA AOA  is OUTSIDE INDIA provide ONLY PDF of SUBCERIBER SHEET of MOA AOA duly notarized and apostiled .

​5. B/w subscribers took a decision to change the subscribers. Instead of individuals, they wanted their US company to be the holding Company. Accordingly, documents were prepared, and while resubmitting the form, it was insisting for INC-33 and 34 since the same was attached during original submission. 

6. Since we could not resubmit INC-32 alone, it was marked as NTBR.

7. Name was valid, but the sub category of the Company was not "foreign subsidiary". We took a change and filed fresh application. They have sent it for resubmission to rectify the sub category of the Company. 

Is it possible to change the sub-category which is prefill once the name is approved? 


Warm Regards

CS Vivek Hegde, FCS, CMA

Vivek Hegde & Co.
Company Secretaries
Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave
Kumaraswamy Layout 2nd Stage , Bangalore-560061
Mob: +91 9900898223; Off: +9180 26663577

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