Memorandum of Association (MoA) and Article of Association (AoA) are the key documents executed at the time of incorporation of company be it Private Limited Company, One Person Company or Section 8 Company. The MCA has simplified the process of Company incorporation by rolling-out SPICe+ Form for Company incorporation. After the SPICe+, the copies of MoA and AoA are not required to be attached rather the SPICe + Form consists e-MoA and e-AoA as linked forms.
However in following cases, the physical copy of MoA and AoA are required to be submitted as separate attachments in SPICe plus Form –
- Section 8 Company;
- Any or all of the Individual Subscribers are of foreign national and do not possess a valid business Visa of India;
- Any or all of the non-individual Subscribers (like body corporates) are based beyond and outside India;
Format of Subscriber Sheet of MoA & AoA
When the physical copies of MoA and AoA are required to be submitted then the Subscriber sheet shall be prepared in following format in order to avoid resubmission or rejection of SPICe + Form.
Key Points to Remember
There are certain points related to Subscriber Sheet that are required to be noted when any of the subscriber is foreign national or foreign body corporate. They are as follow –
- The Subscriber sheet shall be Apostilled or Notarized or both depending upon the place of signature of foreign national or body corporate.
- Separate subscriber sheet of foreign national subscribers and Indian subscribers are required to be prepared and affixed in the MoA.
Consequently, it is always suggested to seek Professional’s help for company incorporation. Contact your Trustworthy Advisors Manthan Experts to Incorporate your Company.