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Sunday, September 14, 2014

Change in India Company Act - CIN on Letterhead


With respect to the changes brought to the corporate world by the New Companies Act, the Company now needs to print the CIN (The Corporate Identity Number which is a 21 digit number allotted by the Ministry of Corporate Affairs)on the company letter heads/ invoices and any other official documents of the company.

Where there is a change in the name of the company during the last two years then the former name shall also be mentioned along with the current name. It can be mentioned as “erstwhile XYZ Private Limited” in brackets under the new name. The period for which the old name should be mentioned is not specifically stated, but from the language one would infer that it is a requirement for two years. The old name should also be mentioned in the name plates, which is required to be prominently affixed outside the registered office of the company.

All companies need to start complying with this new requirement from 1st April, 2014 onwards.

Following is the Section which deals with the above subject: Section 12(3)(c ) of the Companies Act, 2013 which comes into effect from 1st April, 2014 provides that

(3) Every company shall—

(c) get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications; and

(d) have its name printed on hundies, promissory notes, bills of exchange and
such other documents as may be prescribed: Provided that where a company has changed its name or names during the last two years, it shall paint or affix or print, as the case may be, along with its name, the former name or names so changed during the last two years as required under clauses (a) and (c):

Penalty :

Rs. 1,000 for every day during which the default continues upto a maximum of Rs. 1,00,000/-

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