| Originally posted by :Mukesh Kumar |
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Hello Friends
I many time observed incosistency related to section of Law mentioned in CA module.
Please any one tell me:
Whether I believe on other notes/books or CA module
for example
A/Q to module, Section 23 says that " By alteration of name of company, there is no changes in rights or obligations of company. If there is any legal proceeding in continuous or to be commenced by its former name, it is carry by its name
But
I read in other book { I think Bare Act ) Section 23 talks about legal procedures to filing with registrar " A copy of special resolution( within 30 days) and approval of Central Government ( within 3 Months)" |
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module is absolutely right in context of sec 23 which goes like "Registration of change of name and effect thereof.
1) Where a company changes its name in pursuance of section 21 or 22, the Registrar shall enter the new name on the Register in the place of the former name, and shall issue a fresh certificate of incorporation with the necessary alterations embodied therein; and the change of name shall be complete and effective only on the issue of such a certificate.
2) The Registrar shall also make the necessary alteration in the memorandum of association of the company.
3) The change of name shall not affect any rights or obligations of the company, or render defective any legal proceedings by or against it; and any legal proceedings which might have been continued or commenced by or against the company by its former name may be continued by or against the company by its new name"
wat u ve said abt sec SR & approval CG dat is in sec 21,not in sec 23
sec 21:-
"Change of name by company.
A company may, by special resolution and with the approval of the Central Government signified in writing, change its name:
[Provided that no such approval shall be required where the only change in the name of a company is the addition thereto or, as the case may be, the deletion there from, of the word "Private", consequent on the conversion in accordance with the provisions of this Act of a public company into a private company or of a private company into a public company.]"
------------so study pe bharosa rakho VATs usme satya likha hai!!!!!!----------
CAclubindia
