CA Module vs. Other Notes/Books

Others 2014 views 7 replies

Guest

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)"

Replies (7)

CA.Madhavan

Chartered Accountant

942 Points Posted on 05 August 2008

MY Dear Friend ,First of all we need to believe our Institute and Study material since that is the basis of all.There can some mistakes because the text are also made my Humans like ours .We need to study along with a Good Reference book also

Guest

Dear one,

But how would I know which is true or false.

There may be amendment in law which our module can not catch it

and

There may be something wrong explanation in other notes.

However, thanx for suggest

CA Rajiv Kumar Agarwal

Chartered Accountant

156 Points Posted on 06 August 2008

your 2nd view is right

the co. has to submt a copy of special resolution eith the registrar

Originally posted by :Mukesh Kumar
"	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)"	"

Guest

460755 Points Posted on 07 August 2008

hello sir,

is it right to read module only for law and audit tell me please

Guest

460755 Points Posted on 07 August 2008

hello sir,

is it right to read module only for law and audit tell me please

Guest

Hello Manoj,

It is must that you read your module either you have coaching or not

because from coaching you will only get about the sense/meaning of sentence but in paper we can get marks only by writing proper legal language( mostly in theory) which module have ok!

Guest

Originally posted by :Mukesh Kumar
"	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)"	"

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!!!!!!----------