Bombay Shops and Establishment Act
Jaydeep Kurup
(Querist) 15 July 2008
This query is : Resolved
Hi Friends,
A proprietorship firm is already owning an S & E certificate. It now wants to close the firm and open a pvt. ltd. co. Does it need to get a fresh S & E cert or can it transfer the old one existing in the name of the firm in favour of the company.
Does the firm need to be converted into a pvt. co for this purpose ?
Pls offer your comments.
Thanks & Rgds,
Jaydeep Kurup.
Manish Singh
(Expert) 15 July 2008
Yes the firm needs to be converted into a compnay now with allassets goodwill etc. No u dont need a fresh registration instead go for rectification.
Jaydeep Kurup
(Querist) 15 July 2008
Thanks Manish.
I think alike. But there is no provision in the Act which substantiates the same.
Do you find the same.
Thanks & Rgds,
jaydeep Kurup.
Manish Singh
(Expert) 15 July 2008
Which Act? If you are talkinf about partnership act then the said act is only about the legal perspective but registration and all other things are done according to some separate rules.
conversion here does not exactly means conversion instead it will be like dissolving the firm first and incorporate a separarte company but you will have to get into assignment of trademark, goodwill, transfer of assets etc. of the said firm to the company.
Jaydeep Kurup
(Querist) 15 July 2008
Dear Manish,
Iam referring to the Bombay Shops and Establishment Act.
i cant find any provision for rectification in case of the said conversion / succession into a company.
Further whether the firm needs to be dissolved or transfered as a going concern.
I have got views that once the firm gets dissolved we need to submit the S & E certificate and cannot transfer / rectify the same.
Thanks & Rgds,
Jaydeep Kurup.
arunprakaash.m.
(Expert) 16 July 2008
If a firm is takenm over by the private limited company then also you have to apply to competent authorities for fresh certification stating all the relevant takeover.
