11 January 2022
In a notice of the private limited company there was a mistake in the explanatory statement for passing special resolution . But the form has not been filed yet . The agm was held through vc meeting and the notice was circulated in the meeting through email. There is litigation going in this company. Now while preparing the form i realised the mistake. Can i rectify the same before filing the form?
10 July 2024
Yes, you can rectify the mistake in the explanatory statement before filing the form. Here are the steps you can follow:
1. **Amend the Explanatory Statement:** - Prepare a corrected version of the explanatory statement with the accurate information that should have been included originally.
2. **Document the Correction:** - Clearly mark or indicate the changes made compared to the original explanatory statement. This helps in demonstrating the correction process.
3. **Approval and Documentation:** - Obtain approval for the corrected explanatory statement from the board of directors or any relevant authority as per your company's internal procedures.
4. **Update the Notice and Form:** - Update the notice that was circulated for the AGM (Annual General Meeting) to include the corrected explanatory statement. Ensure that all shareholders receive the updated notice.
5. **File the Form with Corrected Explanatory Statement:** - Once the notice has been updated and circulated, proceed to file the form with the corrected explanatory statement. This ensures that the correct information is recorded officially.
6. **Document the Process:** - Keep a record of all communications, approvals, and changes made regarding the explanatory statement. This documentation can serve as evidence that the correction was made in case of any future inquiries or litigation.
Given that there is ongoing litigation, it's essential to ensure that all corrections are done transparently and in compliance with legal requirements. If you have legal counsel involved in the litigation, it may also be prudent to consult with them regarding the correction process to avoid any potential complications.
By following these steps, you can rectify the mistake in the explanatory statement effectively and proceed with filing the form with accurate information.
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