Re: Obtaining of NoC for Company Incorporation

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This query is : Resolved

Mitesh Darji (Querist)

11 November 2010
In connection with the above sited subject, I would like to draw your kind attention on my query mentioned below:

I am engaged in incorporating a Company in India (say “Company C”) which is going to be subsidiary of another Foreign Company incorporated outside India (say “Company B”) which in turn is the subsidiary of another Foreign Company (say “Company A”). The proposed Company C is to be incorporated with the name which contains a word that is the registered trademark and a part of the name of Company A.

My query is do I need to obtain the No objection Certificate (NoC) from Company A, and if so, would the NOC in the form of a letter suffice or does it necessarily have to be a board resolution?

Learned members are requested to consider the above query and solicit their views on the same.

Thanks & Regards,
Mitesh Darji

udit sharma

udit sharma (Expert)

11 November 2010 Hi....

In my opinion u need to btain an NOC from Company 'A' and the NOC in the form of a letter would be suffice......

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

11 November 2010 Board resolution of company A is also required.

Ajay Mishra

Ajay Mishra (Expert)

11 November 2010 Hi

I think NOC will be sufficient, because some country not passing Board resolution, like China.

Please suggest if I am wrong.

Mitesh Darji

Mitesh Darji (Querist)

22 November 2010 Dear sirs,

In continuation with my earlier mails, we have obtained NoC letter from the Parent Company.However, the following are the points which i would like to discuss & confirm:

The NoC letter has been obtained from the Parent Company's Branch office in Mumbai and it is signed by the Authorised Signatory of the parent company on the letterhead of the Branch office. Now a question arises whether there is any requirement to get the NoC Notarised & consularised or just attestation from the PCS will serve the purpose. You may also note that the NoC is signed in India.

Memebers are requested to consider the above query and solicit their views on the same.

CA. Anuj Gupta

CA. Anuj Gupta (Expert)

10 March 2011 The NOC from Branch office in India shall NOT be suffice. Kindly get the same from Company A in foreign country which should be notarised and apostiled(or Indian Embassy signing as the case may be)

Anuj
9810106211

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

10 March 2011 Anju Ji what u say about requirement of board resolution.

CA. Anuj Gupta

CA. Anuj Gupta (Expert)

10 March 2011 Mr. B.Chackrapani Warrier kindly read my name correctly, I am ANUJ GUPTA.

Also Board Resolution should also be preferably obtained after notarised and apostiled(or Indian Embassy signing as the case may be)

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

11 March 2011 1) Misspelling is regretted.
2) Regarding resolution your observation is appreciated.

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