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Section 374

Obligations of companies registering under this Part

Every company which is seeking registration under this Part shall,—

(a)
ensure that secured creditors of the company, prior to its registration under this Part, have either consented to or have given their no objection to company’s registration under this Part;
(b)
publish in a newspaper, advertisement one in English and one in vernacular language in such form as may be prescribed giving notice about registration under this Part, seeking objections and address them suitably;
(c)
file an affidavit, duly notarised, from all the members or partners to provide that in the event of registration under this Part, necessary documents or papers shall be submitted to the registering or other authority with which the company was earlier registered, for its dissolution as partnership firm, limited liability partnership, cooperative society, society or any other business entity, as the case may be.
(d)
comply with such other conditions as may be prescribed.
Proviso

Provided that upon registration as a company under this Part a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008 shall be deemed to have been dissolved under that Act without any further act or deed.

Company means a company incorporated under this Act or under any previous company law

Notes, amendments & references (3)

Refer rule 4 and Form Nos. URC1, URC 2 of the Companies (Authorised to Registered) Rules, 2014. To view the rule, Click Here

Refer rule 5 and Form No. URC-1 of the Companies (Authorised to Registered) Rules, 2014. To view the rule, Click Here

Provided that Inserted vide Companies (Amendment) Act, 2017 dated 03.01.2018 w.e.f., 15.08.2018. To view the notification, Click Here