Try & Win Ltd company has applied to Registrar of Companies (ROC) for striking off its name from register of companies on 22nd July, 2023. Company has recently [on 26th June 2023] shifted its registered office from P
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2024
Try & Win Ltd company has applied to Registrar of Companies (ROC) for striking off its name from register of companies on 22nd July, 2023. Company has recently [on 26th June 2023] shifted its registered office from Patna to Kolkata. What are legal provisions in this context ? Elucidate.
Answer & Explanation:
Section 249 of the Companies Act, 2013 lays down provision in which a company cannot apply for strike off the name of the company under Section 248(2) of the Act: The Company shall not make any application for the strike off of the company, if at any time in the previous 3 months, the company has done any of the below mentioned activities: i. Has changed its name; or ii. Has shifted its registered office from one State to another; or iii. Has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business; or iv. Has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement; or v. has made an application to the Tribunal for the sanctioning of a scheme of compromise or arrangement and the matter has not been finally concluded; or vi. is being wound up under Chapter XX of the Companies Act, 2013 or under the Insolvency and Bankruptcy Code, 2016. An application for striking off the name of the company under Section 248(2) of the Companies Act shall be withdrawn by the company or rejected by the ROC as soon as the above stated conditions are brought to notice. In case of violation of the above provision, the company shall be punishable with fine which may extend to one lakh rupees.
Topics: Companies Act, 2013
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