Hi Everyone,
I am writing to seek your professional opinion / guidance on a corporate compliance issue that has arisen in the course of incorporation of a company on 16.01.2026 through the SPICe+ process.
At the time of incorporation, an inadvertent typographical error occurred in the company’s name due to a clerical oversight (example - the name of PVT was supposed to be ABCD Pvt. Limited, but due to typographical error in Spice form it got ABC Pvt. Ltd - the word 'D' got missed here). The error was unintentionally approved and reflected in the Certificate of Incorporation. The discrepancy was identified immediately after incorporation. The company has not commenced any business operations, and the error does not affect the intent, objects, or identity of the promoters in any manner.
Given the above facts, I would appreciate your professional view on the most appropriate and immediate corrective course of action to rectify such an inadvertent name-related error, in line with the Companies Act, 2013 and prevailing MCA practices.
Additionally, I seek your guidance on a related procedural aspect. In the event that rectification of the name, if it is required to be undertaken through the INC-24 process, whether the company is permitted to convene the requisite Board Meeting and Extraordinary General Meeting for passing the necessary resolutions, considering that Form INC-20A has not yet been filed solely due to the said name discrepancy or company can file any form related to compliance prior to INC-20A?
Your insight on the above would be highly valuable, and I would be grateful for your guidance from a professional and compliance perspective.
Thanks and Regards,
Akash Sharma
(Advocate, Delhi High Court)
Contact No.: 8376088710, 8800560718
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