Certificate of commencement of business

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CA SONI KRUNAL (Querist)

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)

30 July 2011 Section 149 of Companies Act applies on the same.

Please go through the same.

CA SONI KRUNAL

CA SONI KRUNAL (Querist)

30 July 2011 i have read it but there nothing is mentioned about converted company...

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

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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