Querist :
Anonymous
(Querist) 28 December 2010
This query is : Resolved
I with other two people started discussion about starting a company. We had discussions of starting a educational business and shortlisted some name and given it for approval of MCA through a Charterd accountant and these names have not been approved. By this time I decided to backout due to some personnel reasons and this educational biz discussions were stoped.
After this other two continued discussions for starting a construction company and they have applied for a name for this business. But they forgot to remove my name from the application which was forwarded by a chartered accountant. Now the name of this company is sanctioned and when it came to incorporate it is noted that my name was there in the application.
Now this CA have advised to get a NOC letter from me stating that " I was a co-applicant for this name but due to some personnel problems I canot join this company and continue in this company. I have no objection in other two promoters continuing with this name and company"
But for me I was not a part of the discussions when this new business(constuction company) was discussed and name was proposed. So is it ok to say that "I was a coapplicant for this name" which is not true. Will there be any other legal issues in future as I am presently employed in a private firm?
adv. rajeev ( rajoo )
(Expert) 28 December 2010
There will not be any legal problems for your because co., is not yet regd. You do one thing write a letter to both informing them that you are not interested to be part of the co., and at present you are working in private firm.
Advocate. Arunagiri
(Expert) 28 December 2010
You problem. Just forget about it. As long as you have not signed in the MOA your name will not be included in the company share holders list.
Devajyoti Barman
(Expert) 28 December 2010
You can atleast say that by miistake your name was iincorporated and hence you are giving no objection to remove your name.
abhishek
(Expert) 30 December 2010
Hi, there is no need to panic as you are not infact involve in any documentation. so its better do say no to them giving an assurance that they give a letter to concerned department and you will never do any thing against them.
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