I applied for a name of a company by filing FORM 1A & the same got approved. In a day's time I have received a notice stating as below :
"Name is not in consonance with the main object.
You are required to reply as to why the name should not be withdrawn.
Please take notice that if no reply is received within 15 days from the date of issue of this notice, the aforesaid name shall be withdrawn without further notice."
Please suggest as to how the reply should be filed ???????
07 January 2014
You have to convince the ROC that the Main objects mentioned by you is having some co-relation with the name of the Company. Expert drafting and convincing skills required in this.
07 January 2014
Mostly reply to notices are in physical form. You need to deliver a hard copy to the office of ROC and take an acknowledgement from them that you have submitted your reply. Also consult the ROC official to whom your SRN has been assigned for Form 1A.
07 January 2014
Please go through MCA General Circular 45/2011 dated 8/7/2011 before drafting the replay. Clause 9 is reproduced below:-
9. In addition to above, the user shall also adhere to following guidelines: -- (i) It is not necessary that the proposed name should be indicative of the main object.; (ii) If the Company’s main business is finance, housing finance, chit fund, leasing, investments, securities or combination thereof, such name shall not be allowed unless the name is indicative of such related financial activities, viz., Chit Fund/ Investment/ loans, etc.;
Despite of the above clause 9(i) of the Name Availability Guidelines, 2011, ROC sometimes rejects names which is not in sink with the Main Objects. Also, if a Company changes its Main Objects, ROC raises a query to change the name of the company which is in consonance with the Main Objects. So is the ROC overlooking this provision of Name Availability Guidelines? Or Is there any other circular/notification which has empowered the ROC to do this??
CAclubindia
