F Ltd wishes to apply for change of its name under Section 13 of the Act. Comment whether the change of name shall be allowed in each of the following situations: F Ltd has defaulted in payment of interest due on debentu
CS Professional · Advanced Company Law and Practice · PYQS · December 2021
F Ltd wishes to apply for change of its name under Section 13 of the Act. Comment whether the change of name shall be allowed in each of the following situations: F Ltd has defaulted in payment of interest due on debentures.
Answer & Explanation:
As per Section 13 of the Companies Act, 2013 read with Rule 29 of the Companies (Incorporation) Rules, 2014, request for change of name by a company shall not be allowed if the company has not filed annual returns or financial statements due for filing with the Registrar or has failed to pay or repay matured deposits or debentures or interest thereon. However, the change of name shall be allowed upon filing necessary documents or payment or repayment of matured deposits or debentures or interest thereon as the case may be. In the light of the above- F Ltd. shall not be allowed to change the name as there is a default in payment of interest due on debentures which is a prohibition as per the above mentioned provisions.
Topics: Memorandum and Articles of Association
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