Mca illegally rejecting application for new company formation.

MCA 572 views 2 replies

I had initiated the registration of a new company a month back.
First Rejection: For company address proof I had submitted the electricity bill. Which was rejected by MCA. Since the utility provider in my state has automated the bill generation process and generates the bill on a thermal paper similar to the bill generated at Supermarket grocery stores, I decided to give MCA the benefit of doubt and provided the BSNL bill as an RO address proof.
Second Rejection: The submission was again rejected with the reason  The name of propose company is not proper as it has not suitable prefix/ significance or meaning. Hence, file with fresh name along with documents in support of your claim to the propose name.

I seek the wisdom of the group on the legality of this rejection and options available to me to persue the registration while retaining the name.

Note:

  1. To the best of my knowledge via its notification dated January 22, 2016 MCA had deleted the clauses in rule 8 of the "companies incorporation rules" based on which the above rejection was done.
  2. Even if the above notification was not effective, The name selected by me followed the pattern recommended by MCA i.e. prefix domain (opc) Private Limited.

Where:
Prefix: is a rarely used sanskrit word which translates to "Majestic" or "inspired" in English. There are no companies registered with this specific sanskrit  word and no companies In my domain with its translation in any other language.
domain: is the domain in which the company is working and is mentioned in the MOA.

Replies (2)
You can file writ before the high court. Otherwise there are no options to deal with such CRC stupid officers. Many senior professionals are also involved in these cases.

Update:
I filed an RTI application seeking details of the rules/clauses/subclauses under which this decision was taken.
I also filed a clarification letter via the normal route.

This resulted in the name allotment happening on the last possible day.

While I did not get a proper reply to the RTI, The name allotment and the response to the RTI took place on the same day.
Now they are again sleeping on linking the PAN/TAN number with the company and linking the director with the company!


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