Certificate of commencement of business

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CA SONI KRUNAL (Querist)
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30 July 2011 Hi , I am working in a Bank , Today we have gone through a disbursement process , where our operation department ask a Commencement of Business certificte of a Ltd company , as per CS of that company this company is basically a pvt ltd com and converted in to LTD company hence not require Certificate Of Commencement of Business , plz give me exact section reference so that i can present my claim againts operation department

CA Ashwani Agarwal

CA Ashwani Agarwal (Expert)
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30 July 2011 Section 149 of Companies Act applies on the same.

Please go through the same.

CA SONI KRUNAL

CA SONI KRUNAL (Querist)
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30 July 2011 i have read it but there nothing is mentioned about converted company...

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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30 July 2011 Your CS is correct. Pl refer department's clarification no. 44/50-CL-IV/62 which is reproduced below.
"THE PROVISIONS OF SECTIONS 149 AND 165 OF THE COMPANIES ACT,1956 RELATING TO CERTIFICATE OF COMMENCEMENT OF BUSINESS AND STATUTORY MEETING WOULD NOT BE APPLICABLE TO A PRIVATE COMPANY WHICH HAS CONVERTED ITSELF INTO A PUBLIC COMPANY".

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