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g.p.srinivas (advocate)     31 May 2015

Re-starting the company

Greeting to all my hon'ble colleagues.

My nephew started Pvt Ltd Company with his friends, all the Director are his very close friends from the childhood and all of them studied and completed graduation together. After the running of 6 months of the company, in 2011 all of a sudden his mother (my sister-in-law) died. With that unbearable shock, company was discontinued by all of them, as she was mother to all.

All of them now decided to restart the company again, with the same name, style and type. 

Now the point is (1) whether they can continue with the same old name, style and type? (2) whether limitation act applies in this regard? Is there any allocation in Company Act and Corporate Law?

Kindly advise at your earliest.

With Best Regards

G. Padmavathi Srinivas
Advocate
High Court – Hyderabad
9491742769



Learning

 3 Replies

rajuchowdappa   01 June 2015

Company never end until it is windup according to company act as amended till now. If you need any clarification, you can contact me 9738465552.

T. Kalaiselvan, Advocate (Advocate)     09 June 2015

From your contents it can be inferred that the company or the firm was not dissolved hence it is still in tact, so there should not be any problem in resuming the activities of the company as it is. 

N R Dash.. (Advocate)     13 June 2015

Check in the MCA website to find the whereabout of the company registered by them. You need to file all compliance related filings (ROC & IT returns) to keep the company data updated as now a days clients do check the updated data of the company before entering into business agreement.

 

Until the company is desolved, they can very well re-start the business under the same banner.


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