Mohammed (CS, Mcom, LLB) (857 Points)
16 February 2011Dear All,
There is a foreign company whose subsidiary is in India and they have changed the company name in Foreign Country
So what will be the procedure to go along for the same for intimating to ROC in Mumbai?
Sudhir Garg
(Service)
(236 Points)
Replied 16 February 2011
Hi
The change of name of the holding company does not need to be intimated to the office of ROC. However, Annual return will mention the new name (also quote its former name in that).
Even transfer of shares is also not required to be intimated to ROC except Annual Return.
Regards- Sudhir
Mohammed
(CS, Mcom, LLB)
(857 Points)
Replied 17 February 2011
Dear Sudhir,
I've researched on this & came to know that Form 49 is to be filed with ROC for Change of Name
Sudhir Garg
(Service)
(236 Points)
Replied 17 February 2011
Dear Mohammed
As per my understanding, name of your parent company (Foreign company) is chaned and not the subsidiary company (which is incorporated in India). If it is so, then Form 49 is not applicable. Form 49 is applicable on foreign company only for intimating the change of its prescribed particulars.
My answer is still same as earlier was.
Regards- Sudhir
Mohammed
(CS, Mcom, LLB)
(857 Points)
Replied 17 February 2011
Dear Sudhir,
If there is a Branch company in India and not a Subsidiary company.. so i guess we need to intimate to ROC with Form 49.. Experts view are solicited on this..
Sudhir Garg
(Service)
(236 Points)
Replied 17 February 2011
Dear Mohammed
What do you mean by Branch Company. If there is company incorporate in India, No form 49. If no domestic company, then form 49.
Regards- Sudhir
Mohammed
(CS, Mcom, LLB)
(857 Points)
Replied 17 February 2011
Dear Sudhir,
Below is the example of a Branch company
Company ABC incorporated in China and having a Branch Office in India.. So they would file necessary documents in Form 44 to intimate ROC and also serve with various compliance relating to RBI for showing there Branch office in India.
If ABC company changes the name to XYZ then it has to file necessary papers in there country i.e. China and also need to intimate to ROC with Form 49 for change of name along with the requisite documents. Hope its crystal clear now..
Sudhir Garg
(Service)
(236 Points)
Replied 17 February 2011
Dear Mohammed
As per your cited example, form 49 would be required to be filed with ROC.
As it is apparent from your profile that you are persuing CS and LLB. Wish to correct there is difference between two terminology Branch company and Branch office.
Whenever you say branch company (as you did in your second last post), impression goes there is company being designated as Branch. But if foreign company is having any branch in India, it is better to write as Brach office of foreirgn company.
Regards- Sudhir
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