Change of Name of Company

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Hello Friends

There is one Company ,who has  recently change its name,Now the problem arise here,the company want to take loan by creating charge on its immovable property which is registered in the previous name and the bank denies to consider the property belongs to the new name, as bank said the property doesnot belong to the Company as the Co.s name is changed, Now I want to know any Judgement ,by which we can prove to the Bank that acc. to section 394 of the Co.s Act,1956, all the properties and liabilities  of the Company will belong to its new name.

Replies (5)

I think, Bank can't say like this. You should give them all the proofs of company name change alongwith the copies of ROC papers. Also, give them the MOA/AOA of new company after name change. Also give them the copy of relevant section which you mentioned. I think bank people may not be aware of the legal provisions in this regard. You just talk to their top officials. They will definitely understand the issue and guide you accordingly.

it is merely a change of name of the company. the company remained the same and hence by chaning the name bank can not say that the property belongiing to other company. for detail u may refere to section 21 of the companies act and relevent judgements passed thereunder.

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Thks u all but if any body has a copy of Judgement then please give me, it is very urgent,waana I have done all the formalities like changed MOA & AOA ,ROC Papers ,but they people donnot understand

 

 

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  Originally posted by :Niraj Trivedi   "   it is merely a change of name of the company. the company remained the same and hence by chaning the name bank can not say that the property belongiing to other company. for detail u may refere to section 21 of the companies act and relevent judgements passed thereunder.   "

No judgement copy is required, as it is irrelevant to your query/problem.


Take certified copy of Form 1A from ROC, attach it to the necessary documents.  As the form 1A provides full details.

Part A: About new name

Part B: Old Name


And go to bank, they will approve.


If you need further clarification than contact me

Ankur Shah (Practicing Company Secretary)

“Guru Gautam” Bungalow, Inside Parshwa Tower,

Nr. Shyamal Cross Road, 132ft. Ring Road,

Satellite, Ahmedabad – 15

Contact: + 91-9427633901

E-mail: ankurjewel @ gmail.com

Blog: csankur.blogspot.com

 

 

 you can take help of RTI, make application to him, he is bound to give you reply in written within 30 days, And he canot give wrong information which is not acceptable.


CCI Pro

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