Applicability of annexure-ii for section 25 company new

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Guest

Guest (Querist)

14 July 2012 Dear Friends / Experts,

Please refer MCA Notification dated 09.05.11, wherein it has been mentioned that Annexure-II (i.e. Publication of Notice) shall be omitted.

After filing Form 1A, we need to file Form 24A.

Query

Should we publish Notice within 7 days from the date of application to RoC, even though the MCA Notification dated 09.05.11 has omitted the Annexure - II (Publication of Notice) ?

I do not have clarity on the above matter.

Please clarify me the exact position and the current practice.

Thanks.

Ajay Mishra

Ajay Mishra (Expert)

15 July 2012 Hi

Earlier before Notification issued by MCA on 09.05.2011 the following regulation of Companies Regulation, 1956 was applicable:

11. The applicants shall, within a week from the date of making the application to the Regional Director in accordance with regulation 4 or 8 publish in the manner specified below and at their own expense, a notice of the application made to the Regional Director and a certified copy of that notice as published, shall be sent forthwith to the Regional Director. The said notice-
(a) shall be in the form set out in Annexure II, or in a form as near thereto as circumstances admit ; and
(b) shall be published at least once in a newspaper in a principal language of the district in which the registered office of the proposed company is to be situate or is situate, and circulating in that district, and at least once in an English newspaper circulating in that district.
12. The Regional Director shall, after considering the objections, if any, received by it within the time fixed therefor in the notice aforesaid, and after consulting any authority, Department or Ministry, as it may, in its discretion, decide, determine whether the licence should or should not be granted.

As per Regulation 4 Companies (Amendment)Regulation, 2011, no need to publish public notice.

After the said notification the said regulations and Annexure II has been deleted. So as per this you are free to issue public notice.

Regards

Guest

Guest (Querist)

18 July 2012 Thanks a lot.

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