Company Law
This query is : Resolved
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)
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)
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.
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.
04 August 2009
Thanks for your reply.
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.
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.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Refund Annexure-B
- House Property Reporting in ITR
- TDS Claim year
- Liable to deduct tds and 44ADA
- TDS Challan Code
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- Refund of 20%pre-deposit paid for stay application
- Two seprate Invoice needed
- CCFS 2026 Schemed
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
