Any company may file an application with the Registrar of Companies (ROC) for removal of its names from the Register of Companies. However, there are certain companies whose names cannot be removed from the register by t
CS Professional · Advanced Company Law and Practice · PYQS · December 2020
Any company may file an application with the Registrar of Companies (ROC) for removal of its names from the Register of Companies. However, there are certain companies whose names cannot be removed from the register by the ROC. Do you agree with the statement ? Justify your answer with reasons.
Answer & Explanation:
Section 248 of the Companies Act, 2013 read with Rule 3 & 4 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 stipulates that the following categories of companies shall not be removed from the register of companies such as: listed companies; companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws; vanishing companies; companies where inspection or investigation is ordered and being carried out or actions on such order is still pending or were completed but prosecutions arising out of such inspection or investigation are pending in the Court; companies where notices under section 234 of the erstwhile Companies Act, 1956 or section 206 or section 207 of the Companies Act, 2013 have been issued by the Registrar or Inspector and reply thereto is pending or report under section 208 of the Companies Act, 2013 has been submitted or follow up of instructions on report is pending or where any prosecution arising out of such inquiry or scrutiny, if any, is pending with the Court; companies against which any prosecution for an offence is pending in any court; companies whose application for compounding is pending before the competent authority for compounding the offences committed by the company or any of its officers in default; companies which have accepted public deposits which are either outstanding or default in repayment of the same; companies having charges which are pending for satisfaction; and Companies registered under section 25 of the erstwhile Companies Act, 1956 or section 8 of the Companies Act, 2013.
Topics: Removal of Company Name
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