Clarification regarding applicability of section 16(1)(a) of the Companies Act, 2013 with reference to cases under erstwhile Companies Act, 1956
Section 22 of the Companies Act, 1956 pertains to “Rectification of Name of Company” and corresponds to Section 16 of the Companies Act, 2013.
Some of the applications under section 22(1)(b) of the Companies Act, 1956 were rejected by Regional Directors on the ground that such applications were made after the prescribed period of 12 months specified therein.
In this regard, MCA has received a representation from Regional Director (RD), Mumbai seeking clarification as to whether RDs can entertain fresh applications which were earlier rejected by them. The clarification was sought on account of the fact that section 16 of the Companies Act, 2013 does not specify any time limitation.
In consultation with the D/o Legal Affairs, the Ministry of Corporate Affairs concluded that the applications which were rejected under section 22(1)(b) of the Companies Act, 1956 on the ground that such applications were made after the requisite period of 12 months specified therein, cannot apply afresh under section 16(1)(a) of the Companies Act, 2013 as the extinguished limitation cannot be considered to be revived even if no limitation period has been prescribed in the said section under the new Act.
The said circular is available on the following link:
Company Secretary GAURAV SHARMA+919990694230 Connect on Watts App with Gaurav Email us [email protected] Submit your guest articles for our website click here we will publish it Subscribe our Email updates like other 100,000 Members, Free/Easy/Comfortableway
