Private company

Honey Satpal (Querist) 03 May 2015 This query is : Resolved
A private company, files an application seeking approval for transfer of leased property, without making any attachment of the resolution to be taken it that respect, the company after filing application to the government, convened and took resolution and subsequently filed it.

is it a valid act on the part of the company or a dispute can emerge out of this?

one more query, a private company after approval of name but before getting certificate of registration purchased stamp paper in company's name to enter into the transaction in future. is it possible?

* both queries comes under companies act, 1956

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bsrao (Expert) 04 May 2015
In the first case, if the Authorized Signatory is empowered to take any decision that may be ratified by the Management later, then it is OK. Resolution ratifying the action of the MD may be done.

In the second, Name Change is not death of one entity and birth of new one. Stamp paper (NJ) signifies only the amount of stamp duty and has no bearing on the name that appears there. Further, it is an ongoing concern and hence any agreement/contract entered using the stamp paper in question would be valid.

DR.VEDULA GOPINATH (Expert) 05 May 2015

It is a clerical mistake of not attaching a copy of resolution.

You can send the attachment separately and regret for the inadvertence.

No Legal issues are involved.

If the Govt. rejects your application for lack of Board resolution and later you can resend the same along with Board resolution.

There are no legal issues involved.

Second query also is not a legal issue.

PLEASE TRY TO GIVE GOOD QUESTIONS TO EXPERSTS IN THIS FORUM. PLEASE DO NOT GIVE GENERAL QUESTIONS .

cs dr vedula gopinath
advocagte/arbitrator