Identify the companies which cannot be removed by Registrar of Companies from its Register.

CS Professional · Advanced Company Law and Practice · PYQS · December 2017
Identify the companies which cannot be removed by Registrar of Companies from its Register.

Answer & Explanation:

Following categories of companies shall not be removed from the register of companies under Rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 in accordance with the said Rule and Rule 4 of the said rules. (a) listed companies; (b) companies delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws; (c) vanishing companies; (d) companies where inspection or investigation is ordered and being carried out or actions still pending or were completed but prosecutions arising out of such inspection are still pending in the Court; (e) companies where notices under section 234 of the Companies Act, 1956 or section 206 or section 207 of the Act have been issued by the Registrar or Inspector and reply thereto is pending or report under section 208 has not 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; (f) companies against which any prosecution for an offence is pending in any court; (g) companies whose application for compounding is pending before the competent authority for offences committed by the company or any of its officers in default; (h) companies which have accepted public deposits which are either outstanding or the company is in default in repayment of the same; (i) companies having charges which are pending for satisfaction; and (j) companies registered under section 25 of the Companies Act, 1956 or section 8 of the Companies Act, 2013.

Topics: Company Administration and Winding Up

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