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 not registered three charges created in the las

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 not registered three charges created in the last two years.

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 be allowed to change the name as the legal provision does not provide for denial of permission in the given circumstances as per the above mentioned provisions.

Topics: Memorandum and Articles of Association

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