Section 13 of The Multi-State Co-operative Societies Act, 2002
- (1)A multi-State co-operative society may, by an amendment of its byelaws, change its name but such change shall not affect any right or obligation of the multi-State co-operative society or of any of its members or past members, and any legal proceedings which might have been continued or commenced by or against the multi-State co-operative society by its former name, may be continued or commence by or against its new name.
- (2)Where a multi-State co-operative society changes its name, the Central Registrar shall enter the new name on the register of multistate co-operative society in place of former name and shall amend the certificate of registration accordingly.
Summary
- A multi-state co-operative can change its name by amending its bye-laws through the standard amendment process.
- Changing the name does not affect any existing rights or obligations of the co-operative, its current members, or its past members.
- Ongoing or potential legal cases are not disrupted by a name change, they simply continue under the co-operative's new name.
- Upon a successful name change, the Central Registrar must update the official register and amend the co-operative's certificate of registration.
Practical examples
FAQ
1. Does a name change alter a co-operative's debts under the Multi-State Co-operative Societies Act, 2002 Section 13?
Under Section 13 of the Multi-State Co-operative Societies Act, 2002, a change of name does not affect any right or obligation of the society, meaning all existing debts and contracts remain fully valid.
2. How does a name change affect past members under the Multi-State Co-operative Societies Act, 2002 Section 13?
Under Section 13 of the Multi-State Co-operative Societies Act, 2002, a name change does not affect any rights or obligations of past members of the co-operative.
3. What must the Central Registrar do when a society changes its name under the Multi-State Co-operative Societies Act, 2002 Section 13?
Under Section 13 of the Multi-State Co-operative Societies Act, 2002, the Central Registrar must enter the new name in the official register and amend the society's certificate of registration.
4. What happens to pending court cases when a co-operative changes its name under the Multi-State Co-operative Societies Act, 2002 Section 13?
Under Section 13 of the Multi-State Co-operative Societies Act, 2002, any legal proceedings by or against the society under its old name may be continued or commenced under its new name without interruption.
Test yourself
Q1.Under Section 13 of the Multi-State Co-operative Societies Act, 2002, how does a multi-state co-operative legally change its name?
Q2.Under Section 13 of the Multi-State Co-operative Societies Act, 2002, what is the effect of a name change on the rights and obligations of past members?
Q3.Under Section 13 of the Multi-State Co-operative Societies Act, 2002, if a lawsuit was filed against a society under its former name, what happens to that lawsuit after the name change?
Q4.Under Section 13 of the Multi-State Co-operative Societies Act, 2002, what administrative updates must the Central Registrar perform after a society changes its name?
Q5.Under Section 13 of the Multi-State Co-operative Societies Act, 2002, if a society decides to change its name, which procedure must it follow under Section 11 of the Act?