Dakshayani (Company Secretary) (25 Points)
22 September 2010a public limited company has changed its main objects clause in 2008. it has neither filed form 23 within 30 days nor filed a petition within 60 days.
Now if the company wants make that change effective from from the year 2008. what is the procedure.
can it go for compounding?
but as far as I know it became void and they need to pass a fresh resolution.
I request your helpful suggestions ASAP in this regard.
Thanking You,
Dakshayani.P
Company Secretary in Practice
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 23 September 2010
Any alteration made in the object clause of Memorandum of Association under Section 17 shall not have any effect untill it has been duly registered in accordance with the provisions of Section 18.
Further, if the documents as required to be filed with the Registrar of Companies under section 18 are not filed within the time allowed under that section, such alteration shall, at the expiry of such period, become void and inoperative.
Therefore, such alteration made in the year 2008 has now become void and inoperative and you have to pass a new resolution for the same and accordingly file form 23.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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