Company Law

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S.Jegadeesan (Querist)

03 August 2009 I want to clarify one doubt relating to Change of name of a Pvt Ltd Company.As per Law, First file Form1A and a company must send a notice to the shareholders less than 21 days to hold the GM to pass a special resolution.My query is, Can a company send a notice before get the name approval u/s.20 but after the resolution passed which was passed for name change purpose?
i.e.resolution passed on 02.07.09 for name change.The name was approved on 25.07.09 after filing the form1A .In this situation, Is it possible to send a notice before the name approval(before 25.07.09)

Ankur Garg

Ankur Garg (Expert)

04 August 2009 Hi,

Kindly appreciate your statement "Can a company send a notice before get the name approval u/s 20 but after the resolution passed which was passed for name change purpose" is not correct at all.

Sending of notice after the resolution passed doesn't make any sense.

However holding of GM after giving proper notice of 21 days and passing of name change resolution before getting name approval from ROC is not prohibited in law.

But later on when you file form 23 there may be some problems in e filing and ROC may questioned your practice.

S.Jegadeesan

S.Jegadeesan (Querist)

04 August 2009 Thanks for your reply.

S.Jegadeesan

S.Jegadeesan (Querist)

04 August 2009 I have one more doubt relating to company Incorporation i.e.1.Who are authorise to sign as a witness against a foreign director in MOA & AOA of a company?
2.Can an Indian Professional(CA,CS,CWA, Notary) sign as witness against a foreign director in MOA & AOA of a company?
Regards,
S.Jegadeesan.

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