The subsection (3) of section 23 of the act authorizing the company to commence a legal proceedings in its former name, after it has required a new name and the change of name had been registered by the registrar. Therefore commencing of legal proceedings in the former name after it has been changed and the new name has been duly registered by the registrar is not competent.
It is clear from subsection 3 that by the change of the name, but the constitution of the old company is not changed and effected. The only object that is changed is its name and all the rights and trusts under the law of the old company pass to the new company registration.It is similar to the reconstitution of a partnership entity together.
The subsection (3) clears that the name is changed, but the constitution of the old company is not changed. The thing that has changed only the name and all the rights and trusts to the new company registration in Chennai.
The liability and rights of the company pass to the different one under the subsection (3). The assets of the new company hold and the old company belonging all the property under a new label of rights and trusts. The contract to pay tax inclusion of the old company, under the provisions of section (11) has passed on the new company registration name of the companies act.
In the change of a company that was a private limited company instantly before the onset of this act, the registrar shall enter the word Private since the word Limited in the name of the company upon the registrar shall make the basic variance in the certificate of formation provided to the company and in its message of the organization.
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