Form 1a - notice for withdrawal.

This query is : Resolved

Shruti Mishra (Querist)
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07 January 2014 Dear Sir,

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You are required to reply as to why the name should not be withdrawn.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aforesaid name shall be withdrawn without further notice."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 ???????

CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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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.

Other views invited.

Good luck!!

Shruti Mishra

Shruti Mishra (Querist)
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07 January 2014 Sir but how will this happen technically, do i have to email, file a form ??? Whats is the procedure to do this !????

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CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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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.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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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.;

CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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07 January 2014 Dear Warrier Sir,

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??

You expert opinion will be highly appreciated.

Thanks,
Adnan