Roc rejected form 1

Pvt ltd 2319 views 3 replies

Harsha Hegde

Self Employed

25 Points Joined June 2012

Hello All,

I am trying register a technology company with the objective of providing technology solutions to local and global businesses. Name was registered successfully with RoC, Karnataka, following which, our CA filed Form 1 - application and declaration to incorporate a company . However, RoC rejected Form 1 with below observations:

1. Place of execution of documents may be written in the last page of MOA/AOA.

2. ID/Address proof of Witness to be attested by professional .

3. No. of shares subscribed not written in Form 1.

4. 4th main objects is not in consonance with the name.

Form should be resubmitted by 21/07/2012 failing which

the eForm shall be treated as invalid and shall not be taken on record. (Please refer

Regulation 17 of the Companies Regulation, 1956)

The first 3 objections are crystal clear and we will make the approriate corrections. However, I do not understand objection to 4th main objective, which in our MoA reads:

"To conduct research in the areas of software development and its applications, Information technology related areas, and register Intellectual property rights, patents trademarks and to sell, export, license, franchise, such Intellectual property rights patents, trademarks and other related properties."

As a technology company, if we don't conduct research and register IP, how can we maintain an edge over competitors? Moreover, how is this tied to the name of the company (Dharana Technologies Pvt.Ltd.)?

Would appreciate if experienced hands shed some light here.

In case I want to file an appeal for the above objection, whom should I file it with?

Thank You,

Harsha Hegde

Replies (3)

Guest

Dear Madam,

As per MCA’s guiding principles relating to name availability, a name which is not in consonance with the principal objects of the company as set out in its Memorandum of Association will not generally be made available. This does not necessarily mean that every name should be indicative of its objects. But when there is some indication of business in the name (in your case, the word ‘technologies’) then it should be in conformity with its objects.

As per my opinion, the name of the company in question is perfectly in consonance with the fourth main object of your company, as the companies providing technology solutions, also conduct research in order to survive the competition in the market. Thus, I do not see any reason for objection.

In case of any grievance, the best person to approach the same is the Registrar of Companies (ROC). In the event of any further grievance, you can approach the Regional Director (RD) or Ministry of Company Affairs (MCA).

Regards,

Veeral Gandhi

Harsha Hegde

Self Employed

25 Points Joined June 2012

RoC approved revised MoA, with 4th main object removed. Finally, company is incorporated. Thanks all for your advise.

Regards,

Harsha Hegde

Vinod Ram

C A

165 Points Joined April 2012

Originally posted by : Harsha Hegde
	Hello All, Would appreciate if experienced hands shed some light here. In case I want to file an appeal for the above objection, whom should I file it with? Thank You, Harsha Hegde

Most often than not, when someone is trying to set shop or is part of a business intiative, they get so immersed in turning the idea into reality, that they forget the protection of intellectual property. You can go through these articles and get the info you require:

https://smallbusinessindia.intuit.in/general/protect-intellectual-property-%E2%80%93-trade-marks/

https://smallbusinessindia.intuit.in/general/protect-intellectual-property-%E2%80%93-copyrights/