rahul (article) (39 Points)
25 November 2012Dear Friends
There is a private company which is incorprated in 1995 ,
But company has not filled its annual return since 2002 and registrar has strike off the name of the company , which i have verified using search option of companys master data on mca portal.
Now i want to incorporate a company with the same name can i apply for that.
Megha Saklani
(Company Secretary)
(68 Points)
Replied 26 November 2012
Rahul,
If you want to Incorporate a Company with the same name, then you have to apply for restoration/re-incorporation of the Company striked off by the Registrar of Companies.
And for that , first you have to file a Petition under Section 560(6) of the Companies Act, 1956 read with Rule 11(a)(21) to restore Company's Name with the Registrar of Companies. Once the Court approves it , you can start up with the Incorporation procedure.
Regards,
Megha Saklani
Company Secretary
Aditya Soni
(CS Final Student Trainee)
(727 Points)
Replied 26 November 2012
Dear Megha,
I think the situation is different. in this case, the applicant (Rahul) was not related to the older company and want to form a new company on that name. Please comment.
Megha Saklani
(Company Secretary)
(68 Points)
Replied 26 November 2012
Ok. Thank you Aditya.
If the case here is you are not related to the Company being striked off and want to Incorporate a fresh co. with same name.
According to me, you still cannot go for the same name as the Company was striked off by RoC for non-filing since 2002.And According to Section 560(6) the company having been struck off the register, can apply to court for restoration anytime before the expiry of twenty years from the publication in the Official Gazette for striking off the Company.
So, you can not apply for a fresh Incorporation using that name.
Thats my opinion ..let us wait for experts comments
rahul
(article)
(39 Points)
Replied 26 November 2012
thanx Megha ......
So if the name of the company whose is strike off is PEACE TRAVELS PVT. LTD,can i form another company naming PEACE TOUR AND TRAVELS PVT. LTD OR PEACE TRAVELS & TOURISM PVT. LTD.
Megha Saklani
(Company Secretary)
(68 Points)
Replied 27 November 2012
Dear Rahul,
Before filing Form 1A for Name availability ,do a background search at https://www.mca.gov.in/MCA21/
the names proposed must not resemble with any existing Company. You can propose upto 6 Names. It is better if you read the Naming Guideliness available at www.mca.gov.in before going for Incorporation
Regards,
Megha
Aditya Soni
(CS Final Student Trainee)
(727 Points)
Replied 27 November 2012
Xactly Megha,
In the said situtation, one can not incorporate other company on that name.
Dear Rahul,
As Megha said, First go for a complete varification before any decision,,,, other wise you may have to face legal troubles later on...... name should not be resembling to any other name.....
Regards,
Aditya...
6 days Certification Course on GST Practical Return Filing Process
CAclubindia
