Radha Manufacturing Ltd. want to file an application for removal of name of company from the Registrar of Companies (ROC). Enumerate the various grounds for which Company is permitted to file an application for removal o

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2018
Radha Manufacturing Ltd. want to file an application for removal of name of company from the Registrar of Companies (ROC). Enumerate the various grounds for which Company is permitted to file an application for removal of name from ROC under the provisions of the Companies Act, 2013.

Answer & Explanation:

Strike Off by Way of Filing an Application by the Company Companies Act, 2013 provides for the power of the Registrar of Companies to remove or Strike Off the name of the Company from the Register of the Companies. This power includes the striking off under the Suo-Moto powers of the Registrar as well as by way of Application by the Company. Strike off provisions gives an option to non-working company to get its name removed from the Register of Companies. There are many companies which are registered with Registrar of Companies (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. On the basis of following grounds, the company through its board of directors, can file an application for removal of name of company from the Register of Companies - Where a company has failed to commence its business within one year of its incorporation or; Where a company is not carrying on any business or operation for a period of two immediately preceding financial year and has not made any application within such period for obtaining the status of a dormant company under section 455 of the Companies Act, 2013. So, it is concluded that if Radha Manufacturing Ltd falls any one of the category mentioned above, they are permitted to file an application for removal of name from ROC.

Topics: Company Closure

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