List the types of companies which cannot be removed/strike off under the provisions of Section 248 (1) and (2) of the Companies Act, 2013.

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2022
List the types of companies which cannot be removed/strike off under the provisions of Section 248 (1) and (2) of the Companies Act, 2013.

Answer & Explanation:

Type of Companies which cannot be removed under the provisions of Section 248(1) & (2) of the Companies Act, 2013 are as under: Listed Companies; Companies registered under section 8 of the Companies Act, 2013; Companies having charges which are pending for satisfaction; Companies whose application for compounding is pending before the competent authority for compounding of offences committed by the company or any of its officers in default; Companies against which any prosecution for an offence is pending in any court; Vanishing Companies; Companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws; Companies where inspection or investigation is ordered and being carried out or actions on such order are yet to be taken up or were complete but prosecutions arising out of such inspection or investigation are pending in the court; Companies which have accepted public deposits which are either outstanding or the company is in default in repayment of the same; Companies where notices under section 234 of the Companies Act, 1956 or 206 or 207 of the Companies Act, 2013 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.

Topics: Company Law

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