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NIDHI DHAWAN (COMPANY SECRETARY)     03 October 2009

Change of Name of Company

Hello Friends

There is one Company ,who has  recently change its name,Now the problem arise here,the company want to take loan by creating charge on its immovable property which is registered in the previous name and the bank denies to consider the property belongs to the new name, as bank said the property doesnot belong to the Company as the Co.s name is changed, Now I want to know any Judgement ,by which we can prove to the Bank that acc. to section 394 of the Co.s Act,1956, all the properties and liabilities  of the Company will belong to its new name.



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 October 2009

Singer India Ltd . versus Chander Mohan chadha 2004 (2) RCR (Rent) 271 SC

Amit kishore singh (CS cum Legal executive)     05 October 2009

Dear Member,

Please show section 23 of the Companies Act to the banker which provides that tnbhe change of name of the company shall not affect any right or obligation of the company. and all proceedings which wrere continued in th eformr name may be continued in its new name.

Please show "Fresh certificate of Incorporation" issued by Roc on change of name to Banker.

Pls refer Ramiyya commentary on Company law for Judgements,

If change of name is due to amalgamation 391/394 then show court order to banker.

Regards

AMit

 

1 Like

Adinath@Avinash Patil (advocate)     14 October 2009

In my opinion Amit singh is right.


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