11 November 2010
In connection with the above sited subject, I would like to draw your kind attention on my query mentioned below:
I am engaged in incorporating a Company in India (say “Company C”) which is going to be subsidiary of another Foreign Company incorporated outside India (say “Company B”) which in turn is the subsidiary of another Foreign Company (say “Company A”). The proposed Company C is to be incorporated with the name which contains a word that is the registered trademark and a part of the name of Company A.
My query is do I need to obtain the No objection Certificate (NoC) from Company A, and if so, would the NOC in the form of a letter suffice or does it necessarily have to be a board resolution?
Learned members are requested to consider the above query and solicit their views on the same.
In continuation with my earlier mails, we have obtained NoC letter from the Parent Company.However, the following are the points which i would like to discuss & confirm:
The NoC letter has been obtained from the Parent Company's Branch office in Mumbai and it is signed by the Authorised Signatory of the parent company on the letterhead of the Branch office. Now a question arises whether there is any requirement to get the NoC Notarised & consularised or just attestation from the PCS will serve the purpose. You may also note that the NoC is signed in India.
Memebers are requested to consider the above query and solicit their views on the same.
10 March 2011
The NOC from Branch office in India shall NOT be suffice. Kindly get the same from Company A in foreign country which should be notarised and apostiled(or Indian Embassy signing as the case may be)
CAclubindia
