Confused on using company's letter head

N.J. MISHRA (Querist) 04 February 2013 This query is : Resolved
Dear Member kindly advise me on my below mentioned query;

That previously our company was Liaison office of a foreign based company, now it been registered as an Indian Company with slight change in its name. Previusly it was known as Pte. Ltd. and now it is registered as Pvt. Ltd.

Certain employees were involved in misconduct and now i have to issue notice to them who had contract with Pte. Ltd.

My Query is that whether i should issue notice on Pte. Ltd. Letter Head or on Pvt. Ltd Letter Head.

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ajay sethi (Expert) 04 February 2013
issue it on pVt ltd company letter head

R.K Nanda (Expert) 04 February 2013
send it on new letter head.

N.J. MISHRA (Querist) 04 February 2013
Dear Members thanks a lot for your suggestions.

Is it necessary to inform the employees about the change in name.

Guest (Expert) 04 February 2013
Change "Pte Ltd." to Pvt. Ltd." cannot be termed as slight change as the status of the company is changed as per the Company Law. Issue of notice in any one of the letter head would be illegal, as neither you can misuse the name and letter head of the previous company "Pte Ltd." after change of status, nor the employees can be made responsible for the work of the new "Pvt. Ltd." company unless formal formality of transfer of their services are made to the new company.

The change would have been notified immediately on registration of new name. You cannot take services of your employees in the garb of another company without observing due formalities of transferring their services to the new company after calling for their willingness/ options to serve the new company.

You would be inviting a lot of legal complications any time in future, if the most necessary formalities are not completed to implement the change formally in all respects. I hope as a legal officer of the company, you can understand this aspect very well.

N.J. MISHRA (Querist) 04 February 2013
Dear Mr. PS Dhingra, all the employees of the prevoius company has already been tranfered to new company. i just want to confirm whether we need to inform the same to the employees to whom notice is to be issued because they were under contract with prevoius company.

Guest (Expert) 04 February 2013
Employees taken over by new company, merely on record, or after obtaining their willingness after due notification about the change of status of the company?

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