The Registrar of Companies has removed the name of ST Pvt. Ltd. from the Register of Companies under provisions of Section 248 of the Companies Act, 2013. The directors of ST Pvt. Ltd. have approached you seeking your ad
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2021
The Registrar of Companies has removed the name of ST Pvt. Ltd. from the Register of Companies under provisions of Section 248 of the Companies Act, 2013. The directors of ST Pvt. Ltd. have approached you seeking your advice to whom and when they should file an appeal for restoration of name of the Company. As a practicing Company Secretary, advise them with reference to the provisions of Companies Act, 2013.
Answer & Explanation:
The directors of ST Ltd. have to approach National Company Law Tribunal (NCLT) by making an appeal for the restoration of the name of the company in the Register of companies maintained by the Registrar of Companies. Legal provisions related to restoration of name of the struck off companies are given in Section 252 of the Companies Act, 2013 read with Rule 87A of the NCLT (Amendment) Rules, 2017 and the Companies (Removal of Name of Companies from the Register of Companies) Rules, 2016. Any person aggrieved by the order of the ROC may file an appeal before the Tribunal within 3 years of the order passed by ROC and if the Tribunal is of the opinion that the removal of name of company is not justified in view of the absence of any of the grounds on which the order was passed by the ROC, it may pass an order for restoration of the name of the company in the register of companies after giving a reasonable opportunity of making representations and of being heard to the ROC, the company and all the persons concerned.
Topics: Company Law
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