Memorandum of association ‑Requirement as to signature by a subscriber who is illiterate - Companies Law - Letter : No. 8/15/58‑PR,

Letter : No. 8/15/58 ‑ PR, dated 13 ‑ 9 ‑ 1958. Subject:- Memorandum of association ‑ Requirement as to signature by a subscriber who is illiterate It has been brought to the notice of this Department that some practical difficulties have been experienced in complying with the provisions of sections 13 and 15 in cases where the subscriber to the memorandum of association of a company is illiterate. Section 13(4)(c) requires each subscriber to the memorandum to write opposite to his name the number of shares he takes. Section 15(c) requires the memorandum to be signed by each subscriber (who shall add his address, description and occupation, if any), in the presence of at least one witness who shall attest the signature and shall likewise add his address, etc. After consideration of the position, it has been decided that when an executant of a memorandum of association is illiterate, he should give his thumb impression or mark which should be described as such by the subscriber or person writing for him. The latter should place the name of the executant against or below the mark and authenticate it by his own signature. He should also write against the name of the subscriber, the number of shares taken by him. Such person should also read and explain the contents of the documents to the executant and make an endorsement to that effect on the document. An agent may sign the memorandum on behalf of a subscriber if he is authorised by a power of attorney to do so.