Name approval
This query is : Resolved
07 December 2009
HI,
FOR 6TH NAME AND FOR MANUFACTURING ACTIVITY IN OBJECT CLAUSE CAPITAL LESS Form should be resubmitted.
What does ROC mean saying the above clause?
With Thanks
Ca Subhash Singh
FOR 6TH NAME AND FOR MANUFACTURING ACTIVITY IN OBJECT CLAUSE CAPITAL LESS Form should be resubmitted.
What does ROC mean saying the above clause?
With Thanks
Ca Subhash Singh
07 December 2009
Object clause contains manufacturing activity. Minimum capital for manufacturing activity is Rs.10 Lakhs. If the promoters are agreeing to this, 6th name mentioned in e-form 1A will be considered on resubmission of the said form.
08 December 2009
sir,
The object is software development, not manufacturing.
The Names are
I. IMBUE SOFTWARE PRIVATE LIMITED
II. IMBUE SOFTECH PRIVATE LIMITED
III. IMBUESOFT TECHNOLOGIES PRIVATE LIMITED
IV. IMBUE SOFTWARE TECHNOLOGIES PRIVATE LIMITED
V. IMBUE SOFTSOLUTION PRIVATE LIMITED
VI. IMBUE SOFTWORLD PRIVATE LIMITED
The Object in Form 1A:
TO DESIGN, DEVELOP, PROCURE SYSTEMS AND APPLICATIONS SOFTWARE, WEB DESIGN EITHER FOR ITS OWN USE OR SALE IN INDIA OR EXPORT OUTSIDE INDIA FOR OR ON BEHALF OF MANUFACTURERS, OWNERS AND USERS OF COMPUTER SYSTEMS AND DIGITAL / EQUIPMENT IN INDIA AND ELSEWHERE IN THE WORLD.
TO ESTABLISH, DEVELOP, MAINTAIN, CONDUCT, PROVIDE, PROCURE OR MAKE AVAILABLE SERVICES OF EVERY KIND INCLUDING DATA PROCESSING, SEARCH ENGIN OPTIMISATION AND ITS MARKETING, SOFTWARE CONSULTANCY, MIS DESIGN, SYSTEM STUDIES.
Thanks
Ca Subhash Singh
The object is software development, not manufacturing.
The Names are
I. IMBUE SOFTWARE PRIVATE LIMITED
II. IMBUE SOFTECH PRIVATE LIMITED
III. IMBUESOFT TECHNOLOGIES PRIVATE LIMITED
IV. IMBUE SOFTWARE TECHNOLOGIES PRIVATE LIMITED
V. IMBUE SOFTSOLUTION PRIVATE LIMITED
VI. IMBUE SOFTWORLD PRIVATE LIMITED
The Object in Form 1A:
TO DESIGN, DEVELOP, PROCURE SYSTEMS AND APPLICATIONS SOFTWARE, WEB DESIGN EITHER FOR ITS OWN USE OR SALE IN INDIA OR EXPORT OUTSIDE INDIA FOR OR ON BEHALF OF MANUFACTURERS, OWNERS AND USERS OF COMPUTER SYSTEMS AND DIGITAL / EQUIPMENT IN INDIA AND ELSEWHERE IN THE WORLD.
TO ESTABLISH, DEVELOP, MAINTAIN, CONDUCT, PROVIDE, PROCURE OR MAKE AVAILABLE SERVICES OF EVERY KIND INCLUDING DATA PROCESSING, SEARCH ENGIN OPTIMISATION AND ITS MARKETING, SOFTWARE CONSULTANCY, MIS DESIGN, SYSTEM STUDIES.
Thanks
Ca Subhash Singh
08 December 2009
i m not sure why does ROC raise quary that he himself understands onl.
03 August 2024
The Registrar of Companies (ROC) is likely raising a query regarding the use of "Capital Less" in the form and the nature of your business activity described in the object clause of your incorporation application. Here’s a breakdown of the likely concerns and what you might need to address:
### **Understanding the ROC Query:**
1. **"Capital Less" Form:**
- The term "Capital Less" typically refers to a situation where the capital requirement is lower than what might be expected for certain types of business activities.
- For software development or other service-oriented businesses, the ROC might be indicating that the form or the details provided do not align with the capital requirements for the stated activity.
2. **Mismatch Between Object Clause and Business Activity:**
- The object clause you provided details software development and related services, which is not a manufacturing activity.
- The ROC's comment about "manufacturing activity" might be a standard caution or error message indicating that your business activity is more service-oriented rather than manufacturing. This is important for correctly classifying the company's activities and ensuring compliance with regulations.
3. **Re-submission of Form:**
- The ROC might be asking you to resubmit the form with corrected details or clarification to ensure that the object clause accurately reflects the nature of your business.
- You should verify that the business objects and activities described align with the name and capital requirements.
### **Steps to Resolve the Issue:**
1. **Review and Correct Object Clause:**
- Ensure that the object clause accurately reflects the business activities of software development and related services. The description you provided seems appropriate for software services, so ensure there are no discrepancies.
2. **Check for Misalignment:**
- Confirm that the form and other documents do not contain any references or terms related to manufacturing if your business is solely focused on software and IT services.
3. **Resubmit the Form:**
- Make any necessary corrections in the form and resubmit it to the ROC. Ensure that the form clearly reflects the nature of your business and aligns with the names proposed.
4. **Clarify with ROC:**
- If the ROC's feedback is unclear, consider contacting the ROC office directly or consulting with a company secretary or legal advisor. They can provide specific guidance and help ensure that the form and application are in order.
5. **Review Company Name Approval:**
- Ensure that the names you are proposing do not conflict with any regulations or existing company names. The ROC’s concern might also be related to the suitability or uniqueness of the company name in relation to the business activities.
### **Sample Resubmission Explanation:**
If you are resubmitting the form, you could include a statement such as:
---
**Subject: Clarification and Resubmission of Form for Company Incorporation**
Dear Sir/Madam,
We have reviewed your comments regarding our application for company incorporation. We acknowledge the concern about the "Capital Less" issue and the alignment of our business activity with the object clause provided.
Our business is focused on software development and IT services, not manufacturing. We have updated the object clause to clearly reflect the nature of our business as follows:
**Updated Object Clause:**
- To design, develop, procure systems and applications software, web design either for its own use or sale in India or export outside India for or on behalf of manufacturers, owners, and users of computer systems and digital equipment in India and elsewhere in the world.
- To establish, develop, maintain, conduct, provide, procure or make available services of every kind including data processing, search engine optimization and its marketing, software consultancy, MIS design, system studies.
We request that you kindly review the updated form and object clause and proceed with the approval process.
Thank you for your assistance.
Sincerely,
[Your Name]
[Your Contact Information]
---
By ensuring accuracy in the object clause and resolving any discrepancies related to capital or business activity, you can facilitate the approval process for your company incorporation.
### **Understanding the ROC Query:**
1. **"Capital Less" Form:**
- The term "Capital Less" typically refers to a situation where the capital requirement is lower than what might be expected for certain types of business activities.
- For software development or other service-oriented businesses, the ROC might be indicating that the form or the details provided do not align with the capital requirements for the stated activity.
2. **Mismatch Between Object Clause and Business Activity:**
- The object clause you provided details software development and related services, which is not a manufacturing activity.
- The ROC's comment about "manufacturing activity" might be a standard caution or error message indicating that your business activity is more service-oriented rather than manufacturing. This is important for correctly classifying the company's activities and ensuring compliance with regulations.
3. **Re-submission of Form:**
- The ROC might be asking you to resubmit the form with corrected details or clarification to ensure that the object clause accurately reflects the nature of your business.
- You should verify that the business objects and activities described align with the name and capital requirements.
### **Steps to Resolve the Issue:**
1. **Review and Correct Object Clause:**
- Ensure that the object clause accurately reflects the business activities of software development and related services. The description you provided seems appropriate for software services, so ensure there are no discrepancies.
2. **Check for Misalignment:**
- Confirm that the form and other documents do not contain any references or terms related to manufacturing if your business is solely focused on software and IT services.
3. **Resubmit the Form:**
- Make any necessary corrections in the form and resubmit it to the ROC. Ensure that the form clearly reflects the nature of your business and aligns with the names proposed.
4. **Clarify with ROC:**
- If the ROC's feedback is unclear, consider contacting the ROC office directly or consulting with a company secretary or legal advisor. They can provide specific guidance and help ensure that the form and application are in order.
5. **Review Company Name Approval:**
- Ensure that the names you are proposing do not conflict with any regulations or existing company names. The ROC’s concern might also be related to the suitability or uniqueness of the company name in relation to the business activities.
### **Sample Resubmission Explanation:**
If you are resubmitting the form, you could include a statement such as:
---
**Subject: Clarification and Resubmission of Form for Company Incorporation**
Dear Sir/Madam,
We have reviewed your comments regarding our application for company incorporation. We acknowledge the concern about the "Capital Less" issue and the alignment of our business activity with the object clause provided.
Our business is focused on software development and IT services, not manufacturing. We have updated the object clause to clearly reflect the nature of our business as follows:
**Updated Object Clause:**
- To design, develop, procure systems and applications software, web design either for its own use or sale in India or export outside India for or on behalf of manufacturers, owners, and users of computer systems and digital equipment in India and elsewhere in the world.
- To establish, develop, maintain, conduct, provide, procure or make available services of every kind including data processing, search engine optimization and its marketing, software consultancy, MIS design, system studies.
We request that you kindly review the updated form and object clause and proceed with the approval process.
Thank you for your assistance.
Sincerely,
[Your Name]
[Your Contact Information]
---
By ensuring accuracy in the object clause and resolving any discrepancies related to capital or business activity, you can facilitate the approval process for your company incorporation.
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