Comment on the following: (ii) Situations under which a company cannot apply for Strike off.

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2019
Comment on the following: (ii) Situations under which a company cannot apply for Strike off.

Answer & Explanation:

Section 249 (1) of Companies Act, 2013 imposes the restrictions on making an application for Strike Off. As per this section, the Company shall not make any application for the strike off of the Company if at any time in the previous three month the company has undertaken any of the following activities: Has Changed its name or Has Shifted its registered office from one State to another; Has made a disposal for value of property or rights held by it, immediately before cessation 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; 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; Has made an application to the Tribunal for the sanctioning of a Compromise or Arrangement and the matter has not been finally concluded; or Is being wound up under Chapter XX, whether voluntarily or by the Tribunal or under the IBC, 2016.

Topics: Companies Act, 2013

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