Company law - change of members of a section 25 company
Rahul Lahiri
(Querist) 06 October 2014
This query is : Resolved
I have a query relating to a Section 25 company limited by Guarantee. The company has not been functioning since its incorporation.Hence the existing management decided to transfer the company to some interested personnel who became directors of the company and the existing management resigned from directorship. Now, let me know the responsibility of the members of the company. is there any process to change the members of the company? Please reply.
Hemant Agarwal
(Expert) 08 October 2014
File Form no. 32, (under company's Act), after following due procedure of law.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 11 October 2014
As rightly advised, you may visit section 32 of the companies act, 1956 which provides you the answer for your query.
Rahul Lahiri
(Querist) 13 October 2014
Sir, thanks for reply but Section 32 of CA 1956 deals with Registration of unlimited company as limited, etc. Hows is it pertinent to my query. I just wanted to know, that in case the Directors resign and the management is controlled by a separate set of Directors, the responsibility of the members of the company/ subscribers to the memorandum.
Hemant Agarwal
(Expert) 13 October 2014
Kind Attention : Shri rahul Lahiri
It seems that you have read , what seemed convenient for you.
It is NOT section 32 (as inadvertently mentioned by Shri T. Kalaiselvan, Advocate.
The Company Secretary has to file "FORM no. 32", as required Section 303(2) under Companies Act, 1956.
Company Act - 1956 is now redundant.
Company Act - 2013, is in force and many FORMS have been changed.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 13 October 2014
Dear Author,The above Expert had guided you properly.Still i prefer to insist that Company Secretary is Must For R.O.C.Consult and Appoint them for a Long Run.
