AMENDMENT WITH REGISTRAR OF FIRMS
ASHWANI GAGNEJA
(Querist) 13 July 2009
This query is : Resolved
DEAR SIRS
WE HAVE FILED A RECOVERY SUITE AGAINST A PRIVATE LTD. CO. IN TIS HAZARI COURT. OUR FIRM WAS REGISTERED WITH REGISTRAR OF FIRMS IN MAY 1994. EITHER BY OUR OWN OR BY SUB REGISTRAR'S MISTAKE, THE NAME WAS MENTIONED IN THE REGISTRATION AS AVS INDUSTRIES INSTEAD OF AVS SILVERPLATE. IF, WE GET THE AMENDMENT FROM REGISTRAR'S OFFICE NOW, PLEASE LET US KNOW WHETHER THE AMENDMEND BE EFFECTIVE FROM THE DATE OF REGISTRATION OR THE CURRENT DATE BEFORE COURT OF LAW.
CAN YOU PLEASE ADVISE ME OF ANY RUILING BY ANY HIGH OR SUPREME COURT.
ALSO, PLEASE SUGGEST US A COMETANT LAYWER ON THIS MATTER. LOOKING FORWARD TO YOUR EARLY REPLY.
THANKS & BEST REGARDS
ASHWANI GAGNEJA
A V Vishal
(Expert) 14 July 2009
In my opinion I don't think it can have retrospective effect, how ever it is suprising how come for 15 long years you did not notice the mistake and even if you have noticed did not take steps to rectify it?
Anant Vats
(Expert) 14 July 2009
Sir,
when you have registered your firm, you must have got the registration certificate from the registrar of firms, you must have rectified the error then.It is a clerical mistake and can be rectified by providing the documents like partnership deed and all. As in the case of Partnership registration is not compulsory, and the liabiltiy of partners is unlimited, so the partners are liable for the acts done and they are liable for all the business they have done.So if there is no malafide in registration it will have retrospective effect after change. But no worries in any case, partners are liable for the acts done by them and they can sue and be sued in the capacity of partners because firm is not legal seperate entity like that of company.
