Licence under section 25

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RAVI SANGURI (Querist)
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09 September 2013 I have made application for availing licence under sec 25 and attached all the required documents.whether the all documents are required to be submit to ROC manually.

Ajay Mishra

Ajay Mishra (Expert)
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09 September 2013 Yes, it is required to be submitted, if ROC demand.

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RAVI SANGURI

RAVI SANGURI (Querist)
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09 September 2013 But the now status is showing as "assigned".

Whether we have to ask ROC that they need original papers or they will communicate us.

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Ajay Mishra

Ajay Mishra (Expert)
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09 September 2013 I think, now you go ROC and check the details.

You can also wait for few days.

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RAVI SANGURI

RAVI SANGURI (Querist)
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09 September 2013 Sir,as the incorporation form has to be filed within 60 days of name approval from MCA. we have already submitted the form 24A , if, in the meantime , the ROC doesn't give licence number and 60 days expires.

what will happen then?

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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02 August 2024 If the 60-day period for filing the incorporation form with the Registrar of Companies (ROC) expires and you have not received the license number or further instructions, here’s what typically happens and the steps you should take:

### **Consequences of Missing the 60-Day Deadline**

1. **Name Approval Validity**:
- The name approval is valid for 60 days. If you fail to incorporate the company within this period, the name approval will expire.
- This means you will need to reapply for name approval if the 60 days elapse without incorporation.

2. **Rejection of Incorporation**:
- If the incorporation form is not filed within the 60-day period, the ROC will not process the incorporation request, and the application will be considered as lapsed.

### **Steps to Take if the 60-Day Deadline Expires**

1. **Contact the ROC**:
- Immediately contact the ROC or the concerned department to inquire about the status of the license number and any possible delays or issues.
- Explain the situation and ask if there are any provisions for extensions or alternative steps.

2. **Reapply for Name Approval**:
- If the name approval has expired, you will need to submit a fresh application for name approval.
- The new name approval will have a new 60-day validity period for incorporation.

3. **File Incorporation Form**:
- Once you receive a new name approval (if applicable) and any necessary instructions or license number, promptly file the incorporation form with the ROC.
- Ensure all required documents are completed and submitted as per the guidelines.

4. **Consult with Professionals**:
- It’s advisable to consult with a company secretary, legal advisor, or chartered accountant to understand the specific implications in your case and ensure compliance with regulatory requirements.

### **Preventive Measures**

- **Track Deadlines**: Keep track of deadlines and ensure that all required forms and documents are submitted promptly.
- **Follow Up**: Regularly follow up with the ROC to ensure there are no pending issues that might delay the process.

### **Summary**

If the 60-day period lapses without incorporation, the name approval will expire, and you will need to reapply for name approval and file the incorporation form afresh. Contact the ROC immediately to address any issues and seek guidance on the next steps.