The Memorandum of Association pronounces the main object and the business activities of the company. The Articles of Association spells the rules and regulations for operations of the company. Process of approval of draft MOA & AOA by MCA: The MOA and AOA shall bear page numbers on all their pages. The photographs of the…
The Ministry of Corporate Affairs (MCA) has introduced Form INC-29, for registration and obtaining the certificate of incorporation that lessens paperwork to a large extent. This 8 pages new form is used as an alternate process to do away with the earlier process of filling out several forms separately for allotment of DIN, Name of the company…
The e-form INC-7 deals with incorporation of the new company (other than OPC) under prevailing customary process. Filing of form INC-7 is not required where the promoters opted for integrated application form INC-29 for registering a company. A prospective director of the proposed company shall possess Digital Signature Certificate, Director Index Number to apply for…
The Ministry of Corporate Affairs (MCA) established a Central Registration Centre (CRC) to process Applications for Reservation of Companies Names across India [25 Jan 2016]. The CRC process the application for reservation of name received by it in e-form INC-1 with the prescribed fee as provided in the companies (registration of offices and fees) Rules,2014.…
(This article elucidates on what is digital signature, different types of digital signature, digital signature certificate, who issues digital signature certificate and what is USB token) What is the digital signature? Digital signature is a digital code generated (electronic signature) to validate the authenticity and sender’s identity of an electronically transmitted document. Like physical documents are…
The Director Identity Number (DIN) is the number through which the Registrar of Companies (ROC), Ministry of Corporate Affairs (MCA), Government of India, identifies directors of companies. A director of a company is thus required to register his/her DIN to deal with the MCA. Process of obtaining DIN: The e-form DIR 3 for the purpose…
There is no prescribed format for a WILL; you can write a WILL in your own language in your own style. It is not necessary that any technical words or terms of art be used, no need to approach a lawyer to prepare a “WILL”, but only that the wording used in the ‘WILL’ shall…
The term WILL is, defined under Section 2(h) of the Indian Succession Act 1925. It is a declaration in writing by the Testator (A person who makes a will), showing how his/her properties and assets should be distributed after his/her death. The WILL surpasses the succession law on inheritance. The person, whose name is mentioned…
In terms of section 18 of Registration act, the registration of a WILL is not compulsory. In the case of Ishwardeo Narain Singh vs Kamta Devi ( AIR 1954 SC280), the Supreme Court also held and observed that in a majority of cases wills are not registered and to draw any inference against the genuineness…
The provisions of nomination are found in various Acts like Life Insurance, Provident Fund, Gratuity, Co-operative societies and banking regulation acts. You might have made nominations for all your bank deposits, real estate assets in the co-operative housing society, Bank lockers, insurance policies, mutual funds, shares etc. Therefore, you assume that nominations made by you…