illegal object in the object clause

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jai singh jamwal (Querist)
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26 August 2010 kindly suggest me if there is an illegal object in the object clause of the MOA and the certificate of incorporation has been given by the registrar of companies then the illegal businesses of the company would be regarded as legal since the certificate of incorporation cannot be challenged under any circumstances?

Ankur Garg

Ankur Garg (Expert)
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26 August 2010 No This is your misconception. As per a decided case protection of section 35 in case of COI issued by the ROC is not applicable where objects are illegal.

SO ever COI from ROC can not legalise a company with illegal objects.

REgards

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jai singh jamwal

jai singh jamwal (Querist)
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27 August 2010 Dear sir,
I am totally in your favour.But, if by mistake ROC approves the MOA containing an illegal clause,just because the registrar skips the object clause. I know this point is not practical but humans commit mistakes.And if this mistake is actuallly commited then COI could be challsnged?

Ankur Garg

Ankur Garg (Expert)
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28 August 2010 Yes brother COI can be easily challenged. If the objects are illegal there is no escape route.

Rgds

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