SECTION 21 & 23 OF COMPANY ACT

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This query is : Resolved

CHANDER (Querist)

09 September 2007 PLEASE TELL ME THE EFFECT OF CHANGE IN COMPANY NAME, OUR TOURISM DEPARTMENT HAS NOT REGISTERING OUR COMPANY AS PER CHANGED NAME. THEY ARE ASKING FOR REVENUE PAPERS WHICH IS PERTAIN TO NEW NAME. WE HAD CHANGED THE ONLY COMPANY NAME AND THERE IS NO CHANGES IN THE SHARE HOLDRES AND THEIR SHARE HOLDING PATTERN, CONSTITUTION OF THE BOARD OF THE DIRECTORS OF THE COMPANY, AND THE OWNERSHIP OF THE COMPANY.THEY TOLD US IT HAS TO BE CHANGE IN THE REVENUE RECORD.

THANKS
CHANDER

R.V.RAO

R.V.RAO (Expert)

10 September 2007 WHEN A SIMILAR PROBLEM CAME TO A COMPANY, THEY REPRODUCED SUB SECTION 3 OF SECTION 23 OF THE COMPANY'S ACT WHICH SAYS " THE CHANGE OF NAME SHALL NOT EFFECT ANY RIGHTS OR OBLIGATIONS OF THE COMPANYOR RENDER DEFECTIVE ANY LEGAL BY OR AGINST IT......".
STILL IF THE OTHER PARTY DOES NOT COOPERATE WITH YOU ,THE PROPER COURSE IS TO PRODUCE A WRITTEN LAWYER'S OPINION AND GIVE THE.
STILL IF THEY PERSIST ,YOU MAY WRITE TO THE REGULATING/ GOVERNING MINISTRY UNDER WHICH THE DEPT. FUNCTIONS AND SHOW THEM THE LEGAL OPINION WITH ROC CERTIFICATE SHOWING OLD AND NEW NAMES OF THE COMPANY. THE REVENUE DEPT. DOES NOT COME IN THE PICTURE.
raovr2001@yahoo.com

akash

akash (Expert)

10 September 2007 with respect to the change in yhe name of the company pursuant to the provision of section 21 registerar will enter the new name of the company and will issue a fresh certificate of incorporation, you will be required to make necessary alteration in MOA ,further section 23 (3)change in the name shall not effect any privious matter of the company before such change,certainly if the authority is not responding to you properly you can file a written complaint and if even after that they dosen't seem to move file an application with the regulating agency..........

CHANDER

CHANDER (Querist)

21 October 2007 Sir,
We have submitted the application with tehsildar for change the name in our land revenue record, he refused , saying that the name can be changed only through transaction, and we have to paid stamp duty for changing the name.

Please clear he is right or wrong.

Thanks

Chander