Thursday, 14 March 2019

Company Registration in Tirupur

Company Registration in Tirupur

Company Registration in Tirupur

Section 147 of Companies Act, 1956

The object of insisting on the publication of the name and address of the company as detailed in section 147 of the 1956 Act is to make the company itself continually to bring to the notice of all those having any dealings with it the fact of its being a company with limited liability. This is the rationale behind s. 123) of the 2013 Act as well. The provision to s. 12(3) of the 2013 Act also ensures that the words "One personcompany" be to the name. This is so persons dealing with the company are aware of the fact. Similarly section 12(3) now also requires the older names of the companies to also be printed if the name had changed in the last two years). This is so persons are able to identify the company by its old name as well, before the new name is established and recognized. Publishing the name in a name board "on the outside of every office" does not require that the board should be kept outside the compound wall of the building. It is enough, if it is affixed just outside the office premises. The requirements of the section do not 'however' preclude a company from carrying on business in other names also, while not concealing its own name as the owner thereof. The use of abbreviation Ltd.' instead of 'Limited' or 'Co.' for company or similar abbreviations does not make the name of the company incorrect and does not render the directors or other officers personally liable. However, omitting the word "limited" completely is a breach.
A company secretary signing without using the word "limited", was held personally liable. It is a breach to abbreviate a proper name to an initial. Durham Fancy Goods Lid. V Michael Jackson (Fancy Goods) Ltd, (1968) 2 All ER 987 where Michal Jackson was abbreviated to 'M Jackson' and this was held as not capable of conveying the full word unambiguously as 'Ltd.' and 'Co.' are capable of doing. A minor mistake in the spelling of the name of a company does not invalidate the advertisement for winding up. Omission of the word Limited' from the name of the company and describing the company as 'Firm' is a mis-description which can be corrected and is not fatal to the suit.

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