Change in name of a company

Monday, April 21, 2008 7:55 AM

Hi Padmapriya,

Since the approval of the Central Government (the ROC) is a sine qua non for a change in the name of the company u/s Section 21 of the Companies Act, the new name of the company will take effect from the date of the fresh certificate of incorporation bearing the new name of the company viz. 25th April. It can never be effective from the date of the passing of special resolution, because what if the new name gets rejected because it is undesirable in terms of Section 20? The company is also supposed to adduce sufficient reasons for its decision to seek a change in its name. So obviously, only after the ROC has had a chance to look at the company's proposal for name change can the company be rechristened.So beyond 25th April, the transactions undertaken in the old name will be void. The date of the EGM, 15th April, doesn't matter in terms of the validity of transactions— -the EGM was just an internal procedure of the company. Transactions undertaken between 15th and 25th April will have been in the old name only. The company can't have started acting in its new name until it heard from the ROC.Thanks,CA Sanjeev Bedi--- In ICAI_CIRC_MEERUT_ CA@yahoogroups. com, Padmapriya V wrote:>> Dear Friends,> > A closely held Public ltd company, is in the process of changing its name.> > In such a case, the following are the queries,> > EGM is held on 15th April and the new certificate of Incorporation is received on 25th April. > > 1) What is the date of name change? Is it effective from the EGM date?> > 2) If so, what about the transactions entered between those two dates?> > 3) Beyond which date will the transactions undertaken in the old name become void?> > > Regards,> Padmapriya