Effective date for change of name

This query is : Resolved

PANKAJ (Querist)
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01 March 2012 As per Section 23 of the Companies Act, name change carried out under section 21 & 22 takes effect upon issuance of fresh certificate of incorporation by RoC.

However, in many cases name change is carried out as an integral part of the Scheme of Arrangement which becomes effective upon filing the Scheme with RoC.

The query is as follows:
If Scheme becomes effective and fresh incorporation certificate is received subsequently then what will be the effective date of change of name. In this case, probably name change should be effective from the effective date of the Scheme and not from the date of fresh RoC certificate as name is being changed pursuant to Scheme u/s 391-394 and not u/s 21 & 22 as envisaged under section 23.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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08 April 2012 The effective date will always be the date of issue of fresh certificate as on that ROC has recorded the change of name and accordingly it cannot be from the date of filing of application

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