Diamond Home Finance Limited (DHFL) is a housing finance company incorporated on 31.12.2018. It has failed to commence its business and now proposes to make an application to Registrar of Companies (ROC) for removing its

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2021
Diamond Home Finance Limited (DHFL) is a housing finance company incorporated on 31.12.2018. It has failed to commence its business and now proposes to make an application to Registrar of Companies (ROC) for removing its name from the Register of Companies maintained by ROC. What type of specific certificate required to be submitted by DHFL to ROC along with its Application? Also list out the types of Companies which are required to submit such certificate and brief the penalty for non-compliance.

Answer & Explanation:

No objection certificate from appropriate Regulatory Authority concerned is required in case a company is regulated under a special Act. In case of the following companies, such a No objection certificate should be attached to the application in form STK-2. Companies which have conducted or conducting non-banking financial and investment activities as referred to in the Reserve Bank of India Act, 1934 or rules and regulations thereunder; Housing finance companies as referred to in the Housing Finance Companies (National Housing Bank) Directions, 2010 issued under the National Housing Bank Act, 1987; Insurance companies as referred to in the Insurance Act, 1938 or rules and regulations thereunder; Companies in the business of capital market intermediaries as referred to in the Securities and Exchange Board of India Act, 1992 or rules and regulations there under: Companies engaged in collective investment schemes as referred to in the Securities and Exchange Board of India Act, 1992 or rules and regulations there under: Asset management companies as referred to in the Securities and Exchange Board of India Act, 1992 or rules and regulations there under; Penalty for non-compliances: If an application is made in violation of section 248(1), it shall be punishable with fine which may extend to one lakh rupees. An application filed under section 248(2) shall be withdrawn by the company or rejected by the Registrar as soon as conditions under sub-section (1) are brought to his notice.

Topics: Company Law

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