Thursday, April 6, 2017

Incorrect Prefixes to Company Names

A longstanding misconception is finally sought to be rectified by the Bombay High Court in a Circular issued on 3 April 2017 (via LiveLaw), the extracts of which are as follows:

IT IS OBSERVED by the Hon'ble Shri Justice G. S. Patel while hearing Chamber Summons No. 89 of 2017 in Execution Application (L) No. 198 of 2017 in Arbitration Case No. 1 of 2014, on 8th March, 2017, that for companies, both private limited and public – practitioners are habituated to affixing the abbreviation “M/s” before the name of the entity, which is completely incorrect. It is further observed that a company is not a firm, and the prefix is only ever used for a firm and that in the title of legal proceedings, no prefixes are ever to be permitted, and, for the matter, the prefixes “Mr/Ms/Mrs” are also not to be used. [Emphasis supplied]

The practice of inserting “M/s.” before company names is also followed sometimes in agreements entered into between the parties, which also need to be addressed by lawyers drafting the same.


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