Name of the person by mistake entered as shareholder

Pvt ltd 742 views 2 replies

Dear Expert,

 

Kindly suggest way out in following situation.

Private Limited Company (Two Director who are only shareholders) allotted shares on September, 2010 

At the time of filing Form 2 company mentioned that shares allotted to 3 allottes.

(actually shares allotted to only 2 allottees and name of the third person by mistake entered in list of allottes)

after allotment, company continues to mention name of the third allottee in Annual Return

Third allottee (whose name entered by mistake) provide duly signed letter to company, stating that he is not interested in shares of the company and also not holding any shares of the company. (we can’t consider option of transfer).

Can board resolution is sufficient for rectification?

Waiting for your suggestion.

 

Replies (2)

Dear Savitha

i think you can take section 111 (Rectification of register of members)

or treat the person as holding beneficial interest of shares in the company and file the forms as required.

dear savita,

inclusion of the name of third person in list of allottees of form 2 and in list of shareholders in annual return is not a conclusive evidence of him being a shareholder.

entry in register of members, minutes of board meeting for allotment of shares, etc. are important documents u should check. if these documents are properly prepared then it would mean the form 2 & annual return was wrongly prepared. if this is the case u have to do nothing. just file corrected annual return henceforth. u cannot change or rectify the previously filed returns & form 2. u can file form 2 again with late fee and with correct details, its optional.

regds,

sangram 9422622828.

 


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