'Strike off provisions gives a choice or an option to non-working companies to remove its name from the Register of Companies. There are many companies which are registered with ROC but due to various reasons they are no
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2024
'Strike off provisions gives a choice or an option to non-working companies to remove its name from the Register of Companies. There are many companies which are registered with ROC but due to various reasons they are not operative. The strike off provisions gives an option to such companies to apply to ROC for removal of their name from the Register of Companies.' In light of above statement and applicable provisions of the Law, which types of the Companies cannot be removed under section 248(1) and (2) of the Companies Act, 2013?
Answer & Explanation:
Rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 vests in the Registrar of Companies power to remove the name of a company from the register of companies in terms of sub-section (1) of section 248 of the Act. Following categories of companies shall not be removed from the register of companies under this rule and rule 4, namely: Listed Companies; Companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws; Vanishing companies; companies where inspection or investigation is ordered and being carried out or actions on such order are yet to be taken up or were completed but prosecutions arising out of such inspection or investigation are pending in the Court; companies where notices under section 234 of the Companies Act, 1956 (1 of 1956) or section 206 or section 207 of the Act have been issued by the Registrar or Inspector and reply thereto is pending or report under section 208 has not yet been submitted or follow up of instructions on report under section 208 is pending or where any prosecution arising out of such inquiry or scrutiny, if any, is pending with the Court; companies against which any prosecution for an offence is pending in any court; companies whose application for compounding is pending before the competent authority for compounding the offences committed by the company or any of its officers in default; companies, which have accepted public deposits which are either outstanding or the company is in default in repayment of the same; companies having charges which are pending for satisfaction; and companies registered under section 25 of the Companies Act, 1956 or section 8 of the Act.
Topics: Company Law
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