Reconstruction of a Firm / Name Change for a Dissolved Firm

Siva (Consultant) (209 Points)

14 November 2008  

Dear CA Gurus,

       I would like to know that shall I reconstruct a firm which was dissolved already (b'coz of expulsion of a partner) by changing only the name of the firm as I understand that we can not restart / renew with the existing name. If so, what are the other changes / paper works need to done for the same?

       For instance, I'm running a firm (named, 'ABC') . For some reasons, it was called for 'Dissolution' and the partner's share was given promptly. Also, please note that the firm get dissolved before it has started its operations  i.e, the newly started firm get dissolved only after some months , say 8 months, but the firm has not been started / run its operations. But the firm was registerd and all the paper works like polution conrol certificate, town & country planning cert., fire control cert, BDO cert., Panchayat Board notifications and all other major papers have been done completely. After all these done, the firm gets dissolved for some issues.

After some period of time, I was planning to reconstruct / rebuild the same firm with different & new partnership deed which means the new firm (called, 'XYZ') that I'm going to start have the 'same nature of business', with 'same Survery number' (same place), same machineries, etc that I get as my share from the previous one but with other set of people (one or two people joined with me from the previous partnership).

      Here, my doubt is that whether I need to get all the paper works (like polution conrol certificate, town & country planning cert., fire control cert and all other major papers) to be done freshly or I can use the existing paper works done for the dissolution firm, called 'ABC', for the new firm, called 'XYZ', by only giving the 'Change of Name' to all respective offices to amend papers wherever necessary since I'm starting the same nature/kind of business in the same survey No. or place.

     Please clarify my doubts as soon as possible with proper guidelines.

     Your immediate respond is highly appreciated ! Thanks in advance !!

  Cheers, Siva