INC-24 Resubmission

[Brijesh Sharma]

Dear Friends 

INC-24 Resubmission with remark as "Altered MOA & AOA changing the name clause and duly "noted" as required u/s 15 of the CA,2013 is to be attached." 

not understanding about "duly "noted" as required u/s 15 of the CA,2013 is to be attached"

Please help on this matter 

[Registration Bazar]

Mention old name in note form

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[Ashutosh Shukla]

Dear Brijesh Ji, 

Based on the remark, I believe that you failed to attach the altered MOA & AOA while submitting INC-24. A reference to section 15 of the CA 2013 has been made particularly because it states that the changes made (name, in your case) shall be "noted" (read as incorporated) in every copy of MOA/AOA. In other words, section 15 of the CA 2013 requires making the proposed changes in every copy of the MOA/AOA that you issue post-alteration. Having regard to these things, a resubmission along with the altered AOA/MOA shall be in adequate compliance with the remark. I support my interpretation based on the provisions of section 40 of the Companies Act 1956 which states as follows: 

" 40. ALTERATION OF MEMORANDUM OR ARTICLES, ETC., TO BE NOTED IN EVERY COPY (1) Where an alteration is made in the memorandum or articles of a company, 1 [***], or any resolution, referred to in section 192, every copy of the memorandum, articles, agreement or resolution issued after the date of the alteration shall be in accordance with the alteration. (2) If, at any time, the company issues any copies of the memorandum, articles, resolution or agreement, which are not in accordance with the alteration or alterations made therein before that time, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to 2 [one hundred] rupees for each copy so issued."

However, I also believe that the person at the back end might have interpreted the provisions of section 15 of the CA 2013 in a manner otherwise if you had already attached the altered AOA/MOA and still received the rejection. In that case, it appears absurd but you might be required to insert a footnote wherein you specifically mention the old name along with the details such as the date of SR passed (this is not a statutory requirement). However, please note that I have not seen or done it practically. So I request you to please consult other learned members as well. 

Thanks and Regards,

CS Ashutosh Shukla

[Brijesh Sharma]

Thank You So Much Sir for your reply. 

Your information is very helpful for me. 

Again Thanks A Lot

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Thank you

Warm and Sincere Regards

Brijesh Sharma (Didvaniya)

Nanded

Mo.8793441432

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[ruchi singh]

 Hi,

Can anyone provide me the list of documents required to attach with form INC-24

Regards

CS Ruchi Singh

Ruchi SIngh & Co.

Mobile No 8376097948 

SERVICES OFFERED BY us

Incorporation: Private Limited Company| Public Limited Company | One Person Company | Limited Liability Partnership

Return Filing: GST RETURN |  XBRL | ROC Filing

Other:  Secretarial Compliances including Annual Filing, Change registered office of the Company, Name Change, Director Change, Object Change, Increase Authorised Share Capital of the Company, etc

On Thu, May 11, 2023 at 11:15 PM Ashutosh Shukla <imaash...@gmail.com> wrote:

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[aarti vish]

Hello Ruchi Ji,

These are the required documents for Form INC 24. 

All the Board Resolutions, EGM Resolutions and Minutes and Notice with Explanatory Statement of EGM along with the affidavit by directors, form INC 33 & INC 34

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Thanks & Regards,

Aarti Vishwakarma 

7506146489

[ruchi singh]

Affidavit by Director?

Regards

CS Ruchi Singh

Ruchi SIngh & Co.

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[Brijesh Sharma]

Following documents need to attached in INC-24

Altered MOA

Altered AOA

EOGM Special Resolution 

EOGM Notice

EOGM Explanatory Statement

EOGM Minutes

Run Approval Letter

Board Resolution for Name Change

Declaration / Affidavit by Directors  

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[Naveen Kumar]

Sir, Can you provide, what is to be given in Affidavit/Declaration?

Section does not say anything about Affidavit/Declaration.

Best Regards,

Naveen 

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[ruchi singh]

Thank you Brijesh for your response, can you pls clarify what kind of affidavit they required

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[Brijesh Sharma]

Please find herewith attached declaration / affidavit format 

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[Naveen Kumar]

It seems that it's for Incorporation. Not for changing the name of the Company 

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[Brijesh Sharma]

I have done name change for 5 companies since introducing V3 portal 

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[Brijesh Sharma]

Dear Naveen Ji

There is no need for an Affidavit / Declaration for Incorporation of Company. 

INC-9 Declaration provided while incorporation of Company.

[CS Nagpur]

Sir.. Even i have received INC 24 Resubmission due to declaration from director 

Now my Question is stamp paper is on the name of co or Director?

& also Affidavit is to be in State where director livs or as per co's ROC?

Also Pls inform declaration from All director or one director will be ok?

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[aditya savla]

FROM ALL DIRECTOR ON SINGLE STAMP PAPER

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[CS Nagpur]

But one Director is not in india then ? and in co only 2 directors are there..

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[CA Mayur Todmal]

Can name & object change be done in one go or separate mgt14 required

[Brijesh Sharma]

Dear Mayur Sir,

You can proceed with single MGT-14 for for both i.e.Name & Object Alteration   

my suggestion is that to be file separate forms for name change and object alteration 

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Thank you

Warm and Sincere Regards

Adv. Brijesh Sharma (Didvaniya)

[pooja Shetty]

Dear All,

Kindly confirm the Name change needs Declaration or affidavit to be attached in the INC-24. PLEASE CLARIFY AS 1 directors is out of India, need clarification on the same.

On Thu, Jul 27, 2023 at 3:55 PM CS Nagpur <cscomp...@gmail.com> wrote:

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Thanks & Regards,

CS Pooja Shetty

8879700499

[kartik bhatia]

Declaration to be signed on normal paper

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[JYOTI RAO]

Declaration only. 

On Fri, Oct 20, 2023, 22:52 pooja Shetty <pooja.s...@gmail.com> wrote:

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[pooja Shetty]

Hello everyone, 

One more query , after filing Mgt-14 can we immediately file INC24 or do we need to wait unless the MGT-14 srn is approved ?

please advise.

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[Anirudh Tanvar]

Dear Ms. Shetty,

We appreciate your query on the subject and wish to tell that you can file the INC-24 alongwith MGT-14.

Though it will be approved once MGT-14 is approved.

Still you have any query you can call me anytime.

Kind Regards,

Anirudh  Kumar Tanwar

M.Com (Accounts & Business Statistics)

Practicing Company Secretary

Registered Valuer - IBBI

Peer Reviewer -ICSI

Cell - 8268649291