Upgrad LLM

grant of sarfaesi, 2002 with name change in company act 23(1


Dear all,

Please help me to know if the Housing Finance Company name "ABC" has been granted (SARFAESI), 2002 as per the Gazzate Of India Published in 10th NOVEMBER 2003.

This HFC changed his name under Section 21 and Section 23(1) of the Companies Act 1956 to "DEF" once subsquently "GHI" next for two time consequtively.

The Company names have been replaced by default names to avoid reference

Question -:

  1. Can the new company named "GHI" inherit the Power to issue notice under (SARFAESI), 2002 granted to the Company named "ABC" ?
  2. Under what condition the name change will inherit (SARFAESI), 2002 grant of power.

Regards

Santosh

 
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adviser

Normally, the earlier rights continues in such cases...howvere, notification may have to be referred / examined for continuation of rights under SAREFASI

 
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Dear all,

Please help me to know if the Housing Finance Company name "ABC Home Finance Limited" has been granted (SARFAESI), 2002 as per tNotification No. S.O. 1282(E) (Hindi and English versions) published in Gazette of India.

==The WebSite of the Company Clearly describes the following in this SEQUENCE==

1."ABC Home Finance Limited" better known as ABC123 Home Finance Limited following the takeover by "ABC123 Company Limited".
2.Further "ABC123 Company Limited" merged with "DEF Company Limited" ,So the NBFC Changed its name to "DEF Home Finance Limited".
3.This NBFC changed his name to subsquently "GHI Home Finance Limited"
4.This NBFC changed his name under Section 21 and Section 23(1) of the Companies Act 1956.
5.From the facts it is NOT a mere NAME Change at all.
6.The DEF Company Limited is not at all representing itself in DRT.

Question -:

1.Can the company named "DEF Home Finance Limited" inherit the Power to issue notice under (SARFAESI), 2002 granted to the Company named "ABCHome Finance Limited" ?
2.Under what condition the name change will inherit (SARFAESI), 2002 grant of power.


Any HELP ????


Regards
Santosh

 
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