Question

If a legal proceeding was started under the society’s old name, what should happen after name change under Section 10(3) of Kerala Co-operative Societies Act ?

• A. The case must be withdrawn and restarted under the new name.
• B. The case must be transferred to a different court.
• C. The case may continue or commence under the new name
• D. The case becomes invalid and must be filed again from scratch.

Answer 1

Answer:

C. The case may continue or commence under the new name

Sec 10 : Change Name of Society

• Sec 10(1)A Co-operative Society can change its name by an amendment to its Byelaws by 2/3rd majority of members present and voting.

• Sec10(2) Where the Society change its name, the Registrar shall enter the new name in the Register of Registered Cooperative Societies Form no.4 in the place of former name and amend the certificate of registration accordingly.

• Sec 10(3) The change in the name of a cooperative society shall not affect any rights ,obligations or legal proceedings against the society.

• If any legal proceedings which might have been continued or commencement by or against the society by its former name may be continued or commence by its new name.