Sec 560.
This query is : Resolved
12 July 2011
the date in the affidavit about the incorporation of the company and the type of the resolution selected in Form23 is wrong in case of sec560. The same has been filed with ROC and approved.
should the same be changed and if yes what is the procedure for the same without paying any additional fee?
should the same be changed and if yes what is the procedure for the same without paying any additional fee?
13 July 2011
Application is required to be made to the ROC regarding the matter with the proof of documents.
23 July 2025
If there is an error in the affidavit regarding the incorporation of the company and the type of resolution selected in Form 23 under Section 560 of the Companies Act, 1956 (now part of the Companies Act, 2013), the error must be corrected with the Registrar of Companies (ROC). Here’s how you can go about it:
1. Should the Mistake Be Corrected?
Yes, it is important to correct the mistake as it could affect the legal status of the company, especially if it involves incorrect details regarding the incorporation date or the type of resolution.
2. Procedure for Rectification:
To rectify the mistake:
Prepare a Petition/Application:
A formal application needs to be made to the Registrar of Companies (ROC). This should outline the nature of the mistake and request for its correction.
The application should be supported with proof of the correct documents, such as the correct date of incorporation or the correct type of resolution.
File with ROC:
You would file the application with the ROC, requesting that the relevant details be corrected in the public records.
Attach Necessary Documents:
Attach any supporting documentation to verify the correct facts, such as:
Correct affidavit or declaration,
Board Resolution (if necessary),
Any other relevant proof of incorporation or documents that substantiate the correct details.
3. Will There Be an Additional Fee?
Typically, the ROC does not charge an additional fee for rectifying errors if they are administrative or clerical in nature, as long as:
The error is genuinely a mistake and not due to any fraudulent activity.
The application is made in a timely manner.
However, this depends on the specifics of the case and the ROC's discretion. In some instances, they may require you to file the application with the usual filing fees for any other procedure.
4. Timeline:
The ROC will process the application and, upon satisfaction, issue an amended certificate or make the corrections in the company’s records.
This process may take some time depending on the ROC’s workload.
5. Important Points:
Ensure that you document all communication with the ROC and keep copies of all correspondence for future reference.
If the mistake is discovered very late, or if it involves a material issue affecting the company’s legal standing, the ROC may take longer to process the request or ask for additional documents.
Summary:
Yes, you should correct the mistake by submitting an application to the ROC.
The process involves filing an application with proof of the correct details.
No additional fee is typically required unless the situation requires special handling or involves non-compliance penalties.
1. Should the Mistake Be Corrected?
Yes, it is important to correct the mistake as it could affect the legal status of the company, especially if it involves incorrect details regarding the incorporation date or the type of resolution.
2. Procedure for Rectification:
To rectify the mistake:
Prepare a Petition/Application:
A formal application needs to be made to the Registrar of Companies (ROC). This should outline the nature of the mistake and request for its correction.
The application should be supported with proof of the correct documents, such as the correct date of incorporation or the correct type of resolution.
File with ROC:
You would file the application with the ROC, requesting that the relevant details be corrected in the public records.
Attach Necessary Documents:
Attach any supporting documentation to verify the correct facts, such as:
Correct affidavit or declaration,
Board Resolution (if necessary),
Any other relevant proof of incorporation or documents that substantiate the correct details.
3. Will There Be an Additional Fee?
Typically, the ROC does not charge an additional fee for rectifying errors if they are administrative or clerical in nature, as long as:
The error is genuinely a mistake and not due to any fraudulent activity.
The application is made in a timely manner.
However, this depends on the specifics of the case and the ROC's discretion. In some instances, they may require you to file the application with the usual filing fees for any other procedure.
4. Timeline:
The ROC will process the application and, upon satisfaction, issue an amended certificate or make the corrections in the company’s records.
This process may take some time depending on the ROC’s workload.
5. Important Points:
Ensure that you document all communication with the ROC and keep copies of all correspondence for future reference.
If the mistake is discovered very late, or if it involves a material issue affecting the company’s legal standing, the ROC may take longer to process the request or ask for additional documents.
Summary:
Yes, you should correct the mistake by submitting an application to the ROC.
The process involves filing an application with proof of the correct details.
No additional fee is typically required unless the situation requires special handling or involves non-compliance penalties.
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