Clarification on mentioning CIN as per sec12 of CA, 2013

[GIRIJA NAGVEKAR]

Dear All,

As per sec 12(3)(c) of CA,2013 ,

1) to print all official correspondence including letter head, office stationery, bills,etc  CIN of the company;

2) those companies which have changed there name in last two , to mention former name of the Company along with new name.

My query is:

1) Sec12 is notified however rules for chapter II do not clearly mention the procedures. Though rules mentions section 12.

Does it means w.e.f 01.04.2014 it is mandatory for all companies to mention CIN

2)How long the companies have to mention the former name.

Please clarify.

Thanks & Regards,

--

CS Girija Nagvekar

Company Secretary -in practise

[CS.Omkar]

Dear CS. Girija,

Our views to trailing two queries are as below

1. Yes, w.e.f., 01st April 2014 CIN to be mentioned in all official correspondence/notices and also on Invoices of the Company.

2. Former name/names have to be mentioned along with new name for next 2 years from the date of change in name as per Sec 12. e.g., if name of the company got changed on 30th Sep 2013, previous name to be mentioned with new name till 30th Sep 2015.   

Regards...Omkar

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[GIRIJA NAGVEKAR]

Thanks Omkar for your reply.

[Deepesh Nayak]

Dear Sirs,

Whether the CIN and other details as prescribed in Section 12 of Companies Act, 2013 also required to be mentioned in the mail which is sending on behalf of the Company.

I asking because i got a mail from a Company, wherein all the details were mentioned in signature place.

Please clarify.....

Regards,
Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[mayank joshi]

Dear Deepesh,

If you refer Section 12 (3)(c) of CA, 2013, it clearly written about e-mail also.  Every Company has to mention CIN

1) letter head, email, website etc

2) Invoices - Purchase order, bills

3) other official documents like - annual report,  etc.

With Best Regards,

Mayank Joshi

[Deepesh Nayak]

Dear Mayank,

The requirement is to mention the email id of the Company at all correspondence. But i am asking if i do correspondence through mail, just like as i am doing with you now, so whether in signature place i will also have to mention the prescribed detail like CIN, address etc. For example:

CS Deepesh Kumar Nayak

Company Secretary

ABC India Limited

Regd Off.

Email.

Website:

CIN.

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[mayank joshi]

Dear Deepesh,

Yes, You will have to metion the precribed details as mentioned in your mail even CIN.

[Manoj Mishra]

what are the consequence for violation of this section ?

[Vivek Hegde]

If any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees.

Warm Regards

CS Vivek Hegde,B.com, ACS, CWA

Vivek Hegde & Co.
Company Secretaries
No. 2034, 26th Cross, K.R.Road
Banashankari II Stage, Behind 

Sevakshetra Hospital

Bangalore-560070
Mob : 09900898223

Off: 080 26710677

[VIMAL SHARMA Compliance]

In this case who will add all required details in Email?

Directors/CS/CEO/CFO/All Head of departments?

[Manoj Mishra]

Yes e-mails are also official communication. so whether all prescribed  particulars of company is to be mentioned in e-mail too or only in those communication in hard copy.

regards

[Sakshi Vaid]

Dear all,

the section reads as follows

 Every company shall –

       (a)   paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and if the characters employed therefor are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages ;

       (b)   have its name engraved in legible characters on its seal ;

        (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 :

official publications and not official correspondence. therefore there is no requirement to mention CIN in emails sent for and on behalf of the Company.

[Deepesh Nayak]

Yes Ms. Sakshi, i also have the same opinion.

Regards,
Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

--

[Sakshi Vaid]

there is a difference between official correspondence and official publication.the section talks of official publication

--

Kind Regards

CS Sakshi Vaid

Company Secretary

 

[Vivek Hegde]

Dear Sakshi,

I guess drawing a distinction b/w official correspondence and publication would be a tough task. 

Even otherwise, they have said notices and official publications. When they have allowed sending notices through electronic mode including e-mail, you have to mention the necessary details in the mail. 

Warm Regards

CS Vivek Hegde,B.com, ACS, CWA

Vivek Hegde & Co.
Company Secretaries
No. 2034, 26th Cross, K.R.Road
Banashankari II Stage, Behind 

Sevakshetra Hospital

Bangalore-560070
Mob : 09900898223

Off: 080 26710677

[Deepesh Nayak]

Dear All,

If we go behind the whole object of the section and law maker, we will find that they want that the Company mention all the prescribed details in its all publication, whatever publication it interprets, so that anyone can easily identify the company through CIN etc.

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[Simranjeet Singh]

which email id is to be given on letter heads etc,, co's official mail id or one registered with MCA ?

 Thanks & Regards

 ACS Simranjeet Singh

 

 Take RISKS in your LIFE. If you WIN, you can LEAD! If you LOSE, You can  GUIDE! 

 

[Sakshi Vaid]

Dear Vivek,

Certainly in notices the CIN may be  mentioned including lines "bearing CIN-....". However, if CIN is to be mentioned in all official correspondences then In that case all the employees of the Company will have to change their email signature incorporating the CIN of the Company. I don't confirm with that intention of the law makers.

[Sakshi Vaid]

dear simranjeet,

as regards which mail id is to be mentioned , is yet another object of issue.this is so because in a Company under departmental set up one email id shall not suffice for all stake holders. eg:vendors of the Company may like to interact with purchase dept and the shareholders with the listing or the secretarial dept.it is tough to conclude that a single mail id could suffice the purpose.however, clearly it should be one which is accessible to all the responsible people of the Company.

On Wed, Apr 9, 2014 at 4:27 PM, Sakshi Vaid <sakshi...@gmail.com> wrote:

Dear Vivek,

Certainly in notices the CIN may be  mentioned including lines "bearing CIN-....". However, if CIN is to be mentioned in all official correspondences then In that case all the employees of the Company will have to change their email signature incorporating the CIN of the Company. I don't confirm with that intention of the law makers.

[Simranjeet Singh]

Hii Sakshi in my view company general mail id which is given on contact us section of a particular company website is to be given and if it is the departmental matter of a particular company then it is there internal matter how they deal with it.... MCA id we can't give as it is for correspondence with MCA only.. other expert views solicited

 Thanks & Regards

 ACS Simranjeet Singh

 

 Take RISKS in your LIFE. If you WIN, you can LEAD! If you LOSE, You can  GUIDE! 

 

--

[CS Yogish Bhat]

Dear Members,

The words used are "printed" (printed in all its business letters, billheads, ...........)

So it means they are referring to hard copies and not softcopies and email. 

Contray views invited. 

Regards, CS Yogish Bhat

--

[Deepesh Nayak]

Today we have circulated a Inter Office Memo intimating change in letter head and other official correspondence. We also put a note that they may replace the email id as per concern department.

For convenient to outsider who deals every day to particular department, we had to do it.

I am attaching herewith the same for your kind reference.

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

--

[Deepesh Nayak]

In the letter head i mentioned the id which has registered with MCA and it relates to secretarial department only. If i give this id then all mails will receive to us only. Therefore, in my opinion there is no violation if we mentioned difference id on the letter head or such other publications to be issued on behalf of the Company.

Other views are solicited.


Regards,

Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[VIMAL SHARMA Compliance]

do agree with Ms. Sakshi

On Wed, Apr 9, 2014 at 4:27 PM, Sakshi Vaid <sakshi...@gmail.com> wrote:

Dear Vivek,

Certainly in notices the CIN may be  mentioned including lines "bearing CIN-....". However, if CIN is to be mentioned in all official correspondences then In that case all the employees of the Company will have to change their email signature incorporating the CIN of the Company. I don't confirm with that intention of the law makers.

--

[Manoj Mishra]

I THINK PRINTED ENVELOP IS ALSO OFFICIAL PUBLICATION. SO IT SHOULD ALSO BEAR CIN AND OTHER PARTICULARS.

CAN YOU PLEASE PUT LIGHT ON THIS.

--

[Deepika]

Envelopes are not considered as official publication,  correct me if I am wrong

Sent from Samsung Mobile

[venkata ramana]

Hello,

An envelope is not to be construed to fe a communication but just the outer shell carrying / covering the real,actual official communication.

The ambit of the Act is to ensure that the official -communication is used to help identify the authenticity,veracity as well as to help co -relate the contents to the actual entity's day to day activities ,as a normal course of business.

It is essential to emphasise here that the CS is as much as indispensable safeguard for corporate governance as the CIN being displayed on it's letterhead,etc.

Best,

PVR 

[csyogan .]

publication means 'To publish is to make content available to the general public'

enevelope is not used to give documents to public, but some one in specific..

so i don't think an envelope should mention CIN.

regards,
yogan.

[aashish golcha]

Should the business card, company ID cards also include CIN??

[Sonam Malkan]

Dear All,

Please suggest if this applicable to all those registered under companies including producers company ?

[Shraddha Singhi]

"EVERY COMPANY"

.......................................
Best regards,

Shraddha Singhi

Company Secretary
+91 8795841222

"Try hard to get what you love or you will be forced to love what you get."

[KHUSBU KHEMKA]

If there are already printed letter heads in large numbers, then what to do?

Regards

ACS KHUSBU KHEMKA

[amit soni]

Get a rubber stamp of required information and fix it on each, this will suffice the requirement of law.

Thanks & Regards
 
CS Amit Soni
B.Com, LL.B., CS
Mob.- 9098632675

[SRAVS]

Amit is right even we are doing the same in our company.

With Regards

E Sravan Kumar Goud

[GP Madaan]

Use rubber stamp for CIN or alternatively program your printer accordingly that whenever you print any letter, the CIN gets printed simultaneously.

Warm Regards

GP MADAAN

Sent from my iPhone

[Manoj Mishra]

PHOTO ID CARD ISSUED BY CO SHOULD CARRY THE CIN AS IT IS OFFICIAL PUBLICATION TO THE PUBLIC THAT EMPLOYEE WEARING THE ID BELONGS TO THE COS'.............. INCLUSIVE DEFINITION IS REALLY CAUSING PROBLEM TO OUR PEOPLE TO INTERPRET. ...........

On Thu, Apr 10, 2014 at 1:14 PM, aashish golcha <aashish...@gmail.com> wrote:

[POOJA]

Is this section apply on public and private companies only..? 

What about the foreign companies having their registered office outside India and running their Liaison office or Branch office in India