Mismatch between defination as per sec 146 and eform 18 at the time of incorporatino of company
ravinder
(Querist) 16 November 2011
This query is : Resolved
Dear sir..
My quary is section 146 of compnies Act,1956 says a company can have its registered office with in 30 days or getting certificate of commencement of business whichever is earlier but while filling eform 18 at the time of incorporation of company on MCA21 Portal it is mandatory requirement to state place of registered office of company ? Further i would like to ask you if it is correct then tell me how it is...?
Raj Kumar Makkad
(Expert) 16 November 2011
It is mandatory now to disclose registered office first so it is legally correct.
Rajeev Kumar
(Expert) 16 November 2011
I agree with above experts particularly Mr.Makkad
Guest
(Expert) 23 November 2011
Dear Ravinder,
It seems you have a misinformation about form 18. Form 18 relates to the notice of situation or change of situation of registered office. This is not an application for the incorporation of the company. The form 18 is filed only after incorporation.
Not necessarily, a company can get certificate of commencement of business within 30 days of its incorporation. Similarly a company can get certificate of commencement of business within a week's time. That does not, in itself, gaurantees extension of time to intimate the name of the registered office of the company beyong the commencement of business in any case.
Sailesh Kumar Shah
(Expert) 23 November 2011
Shri PS Dhingra,
Respected Sir,
At the time of incorporation of company, MCA21 portal ask registered office address otherwise form would not accept.
when e-filing is not mandatory, then 30 days time limit was applicable.
Here is need to amendment in section 146 by the parliament.
Thanks
with Regards,
Guest
(Expert) 05 December 2011
Dear Shailesh,
You may please like to check if Form 18 is filed for the purpose of initial incorporation or later on after incorporation. I believe the querist is intermingling the two different issues of incorporation as well as intimation of registered office.
