You are a Company Secretary in practice. The would be promoters of a company have asked you about stamping and dating of Memorandum and Articles of Association. Advise them.

CS Professional · Advanced Company Law and Practice · PYQS · December 2017
You are a Company Secretary in practice. The would be promoters of a company have asked you about stamping and dating of Memorandum and Articles of Association. Advise them.

Answer & Explanation:

Memorandum and Articles of Association of the company are printed and signed by subscribers to the memorandum. Thereafter, the Memorandum and Articles of Association of the company are duly stamped by the appropriate State Authority (Collector of Stamps) under the Indian Stamp Act, 1899. At present, Stamp duty is payable online along with the filing fees. The Stamp Duty payable on the Memorandum and/or the Articles of Association is determined according to the place of incorporation of the company since stamp duty on MOA & AOA is a subject matter of "State Act" and not a matter of the Central Government. The memorandum and articles are dated after signing and it must be the date of stamping or any later date than the date of their stamping and not, in any event, a date prior to the date of their stamping.

Topics: Company Incorporation and Formation

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