IndiaCorpLaw

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.