Use of c/o word
Sumit Khandelwal
(Querist) 21 March 2013
This query is : Resolved
Sir,
If a director and shareholder of pvt ltd company use C/O word in communication in following manner
Name of director,
C/O ABC Company Pvt Ltd
Director's residential address
Is it legal?
Please reply,
Raj Kumar Makkad
(Expert) 21 March 2013
Yes. There is no illegality to use such way of showing their link with the company.
R.K Nanda
(Expert) 21 March 2013
yes,it is legal.
prabhakar singh
(Expert) 21 March 2013
There would be no illegality if you do so.
Adv k . mahesh
(Expert) 21 March 2013
c/o means you communication to be sent it is legal
Guest
(Expert) 21 March 2013
Your query is purely of academic nature. the company is a PRIVATE limited company, you have not stated, what actually is the registered/ correspondence address of the company and also that of the Director in addition to what is actual stake holding of that Director in the company.
Without stating the real problem, it is not understood, how you have linked this matter with the criminal law.
So, better state the real problem instead of trying to put the wits of the experts to test.
Sumit Khandelwal
(Querist) 21 March 2013
I am not using registered address of the company and using C/O ABC Pvt Ltd Company and my residential address. So, is it legal? Register address is different.
Guest
(Expert) 21 March 2013
Your information is still not complete. You have not stated what is the correspondence address of the company and also what percentage is the stake of the Director in the company's capital.
You have also not stated the reason of linking this query with the criminal law?
Further, your latest post indicates, as if you are the Director of the company, while your profile speaks about you as a shareholder.
You have also not mentioned, why you want to append company's name specifically before your residential address, if that is not the correspondence address of the company. You cannot use the term "C/O ABC Company Pvt Ltd" if that is not the real correspondence address of the company. That would be totally illegal and fraudulent effort on your part, if you do so (MY APOLOGY TO OTHER EXPERTS, IF MY VIEWS ARE IN DISAGREEMENT WITH THOSE OF THEM).
Legality or illegality of any issue cannot be decided merely on general type of queries. Legality is decided with particular reference to the background and other facts of the case.
If you are so shy of sharing the minimum required information on this forum, better consult some local expert by discussing your problem.
prabhakar singh
(Expert) 21 March 2013
Dhingra ji !
i answered in very casual manner paying attention to only C/O which is found generally in use.i could not at then care about the "intention behind"
But the moment you attended the post i realized my mistake of being so casual in answering.
This is why this time i kept mum and waited for your response as i guessed you are well prepared and can address him more competently.There is nothing to seek like apology at least from me.
Guest
(Expert) 21 March 2013
Pabhakar ji,
Thank you very much for your response. I admire your sportmanship spirit by realising the intentions behind the query. Since I dared to disagree with all the contributing experts, I had to express my apology to them.
Naturally, the intentions do not seem to be clear, as the author of this query has preferred not to come forward with full facts, even to state whether that is the correspondence address of the company or not.
Evidently, after showing C/O of the company name with some address other than the real correspondence address of the company would tend to denote the company's address, which can only be termed as a fraudulent effort to cheat others by intentionally misleading them about the fake address of the company.
Raj Kumar Makkad
(Expert) 21 March 2013
With full regards with Dhingra G, I want to add that it is not necessary that the person/director in the given case, would have bad intension in the given case. He might be identifying himself with the name of the company and thereafter might have been mentioning his own address. There is no ill will if this is the real story, however, the facts from the author are still awaited and he is the only person to clarify it.
Guest
(Expert) 21 March 2013
Makkad ji,
May be there be no ill intention on the part of the querist, as the Director to use C/O of the company. But, certainly it is bad in law, if not using the real address of the company if he specifically uses the term "C/O". He can very well use his status of Direcor with the name of the company (without prefixing C/O) specifically indicating his addres to be the residential address of the Director, not of the company, as C/O clearly indicates as if he is using the address of the company, as a fake address, which is not the address of the company.
Sumit Khandelwal
(Querist) 21 March 2013
Sir,
Thank you for your giving valuable time and reply..
I am share holder of Sankalp Minerals Pvt Ltd and also a director.
I having 50% stake in Company..
I have used
Mr. Sumit Khandelwal,
C/O Sankalp Minerals Pvt Ltd,
Vadodara
while register office is at Dahod. I don't have any ill intention behind this but other directors and share holders have objected that why I am asking.
Sorry because I had tried to ask the same by putting little information..I am very sorry for that..
Is it a serious illegal offence?
Guest
(Expert) 21 March 2013
Dear Sumit,
Irreaspective of whether you have any ill intention or not but a wrong message goes for sure to the viewers, stakeholders, as well as the Company Law office, as if you have some ulterior motive behind use of wrong address as the postal addres of the company.
There is no objection, if your visiting card indicates you as "Sumit Khandelwal, Director, Sankalp Minerals Pvt Ltd" and then shows addresses separately as Office Address: (address of company) and Res: Your residential address. But surely not C/O the company but with your residential address. That woul;d be quite illegal, as you would be showing address, which is neither the Registered Office, nor the correspondence address of the company, as per the Company Law.
However, if you formally notify your residential address as the company's correspondence addresss, there would be no illegality if you use the term C/O with that address, as that would be the official address in the record of the Registrar of the Company.
