Allotment of shares to parnership firm


This query is : Open 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
03 August 2011 A private ltd. co.has alloted shares in the name of partnership firm.
form 2 filed and approved by ROC.

how to rectify this mistake?

03 August 2011 Cancel the alotment and make fresh allotment. Again file Form-2 in the new names.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
03 August 2011 can i file form 67 - addendum or it should be rectify while filling annual return?????

03 August 2011 Transfer the shares in the name of an individual and exercise section 187C of the Companies Act,1956.

03 August 2011 Form 67 can't be filed suo-motu for an e-form which is "approved". It can be filed if and only if the status of the e-form is "pending for user clarification" commonly called as PUCL.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
03 August 2011 As per companies act partnership firm is neither a legal entity nor it is a person and shares can not alloted in the name of partnership firm.
section 187 C is not applicable bcz it is "Declaration by persons"
how can a firm transfer its shares when he dnt have a right to hold it????

03 August 2011 I know that and the circular is here under.

A partnership firm ,not being a person, cannot be registered as a member of a company except where the company is licenced u/s 25 of the Companies Act,1956.

ref :- Circular 4/72 dated 9/3/1972.

But I have given only a link to the way out for your thought and for comments from other experts.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
03 August 2011 thank u sir

can i rectify this mistake by annual return???


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
ARTICLESHIP 29 August 2026
Article Assistant

RRPM & ASSOCIATES LLP

Chennai

CA Inter

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details
Company
19 August 2026
PAID ARTCILE ASSISTANT

My Legal Tax Consultants Pvt. Ltd.

Noida

CA Inter

View Details
Company
13 August 2026
Chartered Accountant (FP&A)

Client of Trellis Consulting

Gurgaon

CA

View Details
Company
ARTICLESHIP 14 August 2026
Article Assistant

N J Suresh & Associates

Bengaluru

CA Inter

View Details
Company
12 August 2026
Deputy Manager - Finance

RoamPrime Technologies Private Limited

Bengaluru

CA

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details