Case Law Details
Groupe Seb India Private Limited Vs State of Himachal Pradesh and others (Himachal Pradesh High Court)
The existence and transitions of a company are governed by law. Changing a company’s name is one such activity that has legal implications. A recent case presented before the Himachal Pradesh High Court involving Groupe Seb India Private Limited (GSIPL) and the State of Himachal Pradesh delves into the legal aspects of changing a company’s name and its impact on property ownership, stamp duty, and registration fees. This article provides insights into the legal framework and the implications of such changes.
Understanding the Statutory Framework
To comprehend the case, it’s essential to consider the statutory legal framework. In this instance, Section 13 of the Companies Act, 2013, plays a pivotal role, addressing the process of changing a company’s name. Additionally, Section 118 of the Himachal Pradesh High Court Tenancy and Land Reforms Act, 1972, comes into play as it pertains to the permissions required for land transfers.
MWIL (the company in question) decided to change its name first to MWIPL and subsequently to GSIPL. Changing a company’s name is a statutory process regulated by the Companies Act, 2013. It involves passing a resolution, as done in this case, and receiving a Certificate of Incorporation reflecting the new name upon approval by the Registrar of Companies. Importantly, such a change in the company’s name does not entail the transfer of its assets.
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