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Sanjay Bhattacharya (Service)     05 May 2009

Section 25 Company

The Companies Act and its procedual requirement seems to silent on the recconversion procedure of Section 25 Company into Pvt Ltd Company. Wahat is the procedure to be followed for the voluntary submission of Licence obtained under section 25 of The Comanies Act so that the Company can distribute dividend.



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 4 Replies

A V Vishal (Advocate)     06 May 2009

25. Power to dispense with "Limited" in name of charitable or other company

(1) Where it is proved to the satisfaction of the Central Government that an association:-

(a) is about to be formed as a limited company for promoting commerce, art, science, religion, charity or any other useful object, and

(b) intends to apply its profits, if any, or other income in promoting its objects, and to prohibit the payment of any dividend to its members, ................................
The act is crystal clear Mr Nirav & Mr Sanjay, dividend cannot be declared, so the question of distribution of dividend without reconversion is not possible

A V Vishal (Advocate)     06 May 2009

I suggest you to approach the R D with an application for reconversion and subject to the provisions u/s, 25(7), license may be revoked"

S.25 (7) The licence may at any time be revoked by the Central Government, and upon revocation, the Registrar shall enter the word "Limited" or the words "Private Limited" at the end of the name upon the register of the body to which it was granted; and the body shall cease to enjoy the exemption granted by this section:

Provided that, before a licence is so revoked, the Central Government shall give notice in writing of its intention to the body, and shall afford it an opportunity of being heard in opposition to the revocation.

2[(8)(a) A body in respect of which a licence under this section is in force shall not alter the provisions of its memorandum with respect to its objects except with the previous approval of the Central Government signified in writing.

(b) The Central Government may revoke the licence of such a body if it contravenes the provisions of clause (a).

(c) In according the approval referred to in clause (a), the Central Government may vary the licence by making it subject to such conditions and regulations as that Government thinks fit, in lieu of, or in addition to, the conditions and regulations, if any, to which the licence was formerly subject.

(d) Where the alteration proposed in the provisions of the memorandum of a body under this sub-section is with respect to the objects of the body so far as may be required to enable it to do any of the things specified in clauses (a) to (g) of sub-section (1) of section 17, the provisions of this sub-section shall be in addition to, and not in derogation of, the provisions of that section.]

(9) Upon the revocation of a licence granted under this section to a body the name of which contains the words "Chamber of Commerce", that body shall, within a period of three months from the date of revocation or such longer period as the Central Government may think fit to allow, change its name to a name which does not contain those words; and-

(a) The notice to be given under the proviso to sub-section (7) to that body shall include a statement of the effect of the foregoing provisions of this sub-section; and

(b) Section 23 shall apply to a change of name under this sub-section as it applies to a change of name under section 21.

(10) If the body makes default in complying with the requirements of sub-section (9), it shall be punishable with fine which may extend to 3[five thousands rupees] for every day during which the default continues.

Arvind K. Vashistha (Attorney and Counselor at law...)     08 June 2009

gud afternoon sir,, i m a final year law student, u plz explain me about the section 25 clause 10 of indian companies act 1956 in brief.. 


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