The promoters of a company engaged in the formation of a software company approach you as a Company Secretary in practice to advise them about the details of declaration required to be made by: (a) the professional invol

CS Executive · Company Law · PYQS · June 2019
The promoters of a company engaged in the formation of a software company approach you as a Company Secretary in practice to advise them about the details of declaration required to be made by: (a) the professional involved in the formation of the company and (b) subscribers to the Memorandum of Association while filing documents for incorporation of a company. Advise them.

Answer & Explanation:

(a) According to Section 7(1) of the Companies Act, 2013, the declaration required to be made by an advocate, chartered accountant/cost accountant or a company secretary in practice who is engaged in the formation of the company and by a person named in the articles as a director, manager or secretary in Form No.INC.8. should state that : "all requirements of this Act (Companies Act, 2013) and the Rules made there under in respect of registration and matters precedent or incidental thereto have been complied with" (b) The declaration by the subscribers to the memorandum and articles must state that: "he is not convicted of any offensive in connection with the promotion formation or management of any company or that he has not been found guilty of any fraud or misfeasance or any breach of duty to any company under this Act or any provisions of company law during the preceding 5 years" and that "all the documents filed with the registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief"

Topics: Company Incorporation

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