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urgent: Error in Promoter name in form 1A

llllVICTORllll (Internal Auditor) (511 Points)

03 September 2010

Hi everyone, this an urgent

I had filed a form 1A(request for availability of name) for formation of a company. while filing, in the column for "details of promoters", i entered name of the promoter wrong(for example say instead of arjun i mentioned karan) , with correct PAN number( that is of correct promoter in our example arjun). now name has been approved and am trying to file form 1(application for incorporation of company) and MCA website is not accepting.

Please help me rectify this error. I cannot give NOC as MR karan never existed.

What should i DO.. please help fast

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6 Replies

Ajay Mishra (Company Secretary) (74337 Points)
Replied 03 September 2010

Dear Friend

You generally mention in Form 1 the details of promoters as mentioned in Form 1A. If one of the promoter is no more then you can take NOC of other promoters and includes new promoter, a copy of NOC is required to attached with Form 1.

Regards

CS Ajay Mishra

llllVICTORllll (Internal Auditor) (511 Points)
Replied 03 September 2010

Hi Sir,

I agree with you, But here the problem is completely different, it is just a typing error regarding name of promoter. The person by the name i mentioned in form 1A is not existant, so what reason can be given for the change in promoter?

or can typing error in form 1A be treated same as the case death of promoter?

There is only one another promoter than the person in our context. so as per you, if i get an NOC from the other promoter along with the correct promoter, would the problem be solved?

dont i need to give the reason for the change in promoter?

Ajay Mishra (Company Secretary) (74337 Points)
Replied 03 September 2010

Dear Friend

Yes, you get NOC from all other promoter for inserting a new promoter whose name given in Form-1A.

Regards

CS Ajay Mishra

llllVICTORllll (Internal Auditor) (511 Points)
Replied 03 September 2010

ok, thank you sir...

Neha Gupta (PCS) (377 Points)
Replied 03 September 2010

Absolutely agreed with Ajay Sir..........

you have to take NOC from all the promoters including "Karan" even though it does not exist for your company but because u have wrongly mentioned his name as Promoter in Form 1A he shall also be treated as promoter of the Company from ROC point of View.

Aman Morya (Company Secretary - MT) (21 Points)
Replied 14 October 2010

If they will get the NOC letter from "Karan" even though he does not exist . Will this act be attracting the provision of Section 187C of the Companies ACt, 1956?

While allotment and subsription of shares karan would be beneficial intt. and arjun awill be the holder of the shares.

Kindly clarify?