Conclusiveness is of certificate of incorporation
This query is : Resolved
Roshan Srivatsan
(Querist)
30 October 2011
In the ICAI material regarding Companies Act, 1956, it is stated that "where any of the objects is illegal, the Registrar may refuse to register, and if he does register, the RC issued is not conclusive".
Is this statement valid?
Is this statement valid?
30 October 2011
once certificate of incorporation issued by ROC is treated as conclusive evidence of company incorporation.even company has illegal objects.
above statement is not valid if a company once registered with roc,he can't take plea that certificate issued is not conclusive.
above statement is not valid if a company once registered with roc,he can't take plea that certificate issued is not conclusive.
Roshan Srivatsan
(Querist)
30 October 2011
Thank You. But what answer am i supposed to give if a question comes on this matter?
Because, the statement which i mentioned has been repeated in many places in the ICAI material.
Because, the statement which i mentioned has been repeated in many places in the ICAI material.
30 October 2011
answer given by me above is correct answer...write this answer everywhere of this question
30 October 2011
If the registrar register the company with illegal objcts and issues certificate of incorporation, as per section 35 of the companies act 1956, it is a conclusive evidence that the company is incorporated beyond doubt. However ,the illegal objects would not become legal by the issue of COI meaning thereby the company is forbidden to carry on any business in furtherance of its illegal objects.
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