illegal object in the object clause
This query is : Resolved
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?
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
SO ever COI from ROC can not legalise a company with illegal objects.
REgards
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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?
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?
28 August 2010
Yes brother COI can be easily challenged. If the objects are illegal there is no escape route.
Rgds
Rgds
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