MEDCO Ltd. was incorporated on 20th March, 2023, as a public limited company with the main objective to provide the consultancy services to businesses in Medical Sector, including supply of medical professional through o

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2024
MEDCO Ltd. was incorporated on 20th March, 2023, as a public limited company with the main objective to provide the consultancy services to businesses in Medical Sector, including supply of medical professional through outsourcing. The Board of Directors in its meeting held on 16th June, 2024 approved the proposal to change the main object to start medical service with nominal charges by setting up hospitals, health centres and medical institutions for charitable purposes in interest of general public. The members of the Company also approved the proposal and accordingly application for conversion of the company into section 8 company is prepared. However, legal consultant opined that company must be running the business at least for 3 years prior to such application. Comment on following: (1) Whether the view of legal consultant is correct as per the provisions of the Companies Act ?

Answer & Explanation:

Section 8(5) of the Companies Act, 2013 provides that where it is proved to the satisfaction of the Central Government that a limited company registered under this Act or under any previous company law has been formed with any of the objects specified in clause (a) of sub-section (1) i.e has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object and with the restrictions and prohibitions as mentioned respectively in clauses (b) and (c) of that sub-section, it may, by licence, allow the company to be registered under this section subject to such conditions as the Central Government deems fit and to change its name by omitting the word "Limited", or as the case may be, the words "Private Limited" from its name and thereupon the Registrar shall, on application, in the prescribed form, register such company under this section and all the provisions of this section shall apply to that company. Thus, the existing company can be converted into section 8 company even than functioning for less than three financial years or for one financial year only. Hence, the view of the legal consultant is not correct.

Topics: Company Law

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