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16 Aug 2025
Signing of Memorandum and Articles of Association
Signing of Memorandum and Articles of Association – Tabular Summary
| S. No. | Clause | Description | Details / Conditions |
|---|---|---|---|
| 1 | General Signing Requirements | Who must sign and how | i. Each subscriber must sign the Memorandum and Articles. ii. Full particulars to be mentioned: Name, Address, Description, Occupation (if any). iii. Signature must be attested by at least one witness. iv. Witness must verify and confirm the subscriber’s identity and provide their own details. |
| 2 | Illiterate Subscriber | Thumb impression process | i. Subscriber shall affix thumb impression/mark. ii. Another person shall write the name and share details on behalf of the subscriber. iii. That person must also sign and declare that contents were explained. |
| 3 | Typed/Printed Particulars | Acceptance of typed details | i. Typed/printed particulars of subscribers and witnesses are permissible. ii. Such particulars must be duly signed or thumb-impressed to be valid. |
| 4 | Explanation of Contents | Reading and endorsement | i. Assisting person must read and explain the document to the subscriber. ii. Must endorse on the Memorandum/Articles that such explanation was provided. |
| 5 | Legal Entity as Subscriber | When subscriber is a Body Corporate/LLP | Body Corporate: Signature by a director/officer/employee duly authorized by Board Resolution. LLP: Signature by a partner duly authorized through resolution of all partners. Prohibited: Authorized signatory cannot also act as an individual subscriber. |
| 6 | Foreign National Subscribers | Based on country of residence | See detailed requirements below. |
Foreign National Subscriber – Requirements
| Residency | Notarization & Authentication Requirements |
|---|---|
| (a) Commonwealth Country | Must be notarized by a Notary Public in that country. |
| (b) Hague Apostille Convention Member | Must be notarized by Notary Public and further apostilled under the Hague Convention (1961). |
| (c) Other Countries (Non-Commonwealth & Non-Hague) | Must be notarized by Notary Public and further authenticated by Indian Diplomatic/Consular Officer or in accordance with applicable law. |
| (d) Visited India | Permitted to sign in India, provided the subscriber holds a valid Business Visa. PIOs/OCIs: Business Visa not required. |
Reference Links
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Commonwealth Nations List – The Commonwealth
-
Hague Apostille Convention Members – HCCH Official Site
Disclaimer: The above content is based on prevailing provisions and available information. While due care has been taken to ensure accuracy, no responsibility is accepted for any errors or omissions. Users are advised to verify with applicable laws, rules, and regulations. This document is for informational purposes only and does not constitute legal advice.
From the desk of CS Sharath