company incorporation under companies act 1956
SUNIL BHAT
(Querist) 01 May 2010
This query is : Resolved
A pvt ltd company is formed with one canadian citizen (PIO) and two indian citizens.Canadian was in india to sign moa & aoa and and POA & then left for canada. Canadian adress is given on MOA &AOA.CA witnesses the signature and keeps on record photo copy of immigration papers in support of his presence in india. Papers are forwarded to registrar.Registrar wants following papers.
Personal appearance of subscriber
Original passport and visa
and his address in india
is ROC correct in asking for these papers when subscriber has already left india after signing all papers necessary for incorporation. Please advice what remedy is available as foreign promoter canot come to india or send his passport for time being.
A V Vishal
(Expert) 01 May 2010
Talk to the ROC, the CA must have witnessed stating that the PIO appeared personally before him and signed the documents in his office. I don't think it is a big issue, ample care must had been taken while filing the docs.
Kumar Thadhani
(Expert) 02 May 2010
ROC can ask such documents in case of doubt it is advisable to visit ROC concerned and to explain him to his satisfaction or cause to explain him in writing if need arises so.
Heaven 2011
(Expert) 03 May 2010
Kindly never intend to judge whether ROC is right or wrong in asking the documents. Section 234 of the Companies Act 1956 provides that ROC has absolute right to ask for any information rearding the incorporation of the Company and/or any related matter there to. Better you follow the above advises and then the Roc would require a written explanation. You have provide the same. Better take the advises of your legal department.
CA Adarsh Agrawal
(Expert) 03 May 2010
Dear Sunil !! Simply visit to ROC or contact to the person who handles the matter related to ROC & visits mostly !! even u'll submit the copy of passport & visa, the same will be accepted ! just contact to a consultant who handles & submits hardcopy of MOA/AOA with POA to ROC !! its just a formality & nothing else ! dont worry !!
A V Vishal
(Expert) 04 May 2010
Mr Learner:
The system of accepting hardcopies have been done away long way back (atleast in the ROC @ A P) so please update yourself.
