In what conditions and how Registrar can remove the name of a company from its Register?

1.Send a notice:                         Registrar may send notice to the Company under any of the following cases of such...
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In what conditions and how Registrar can remove the name of a company from its Register?

1.Send a notice:

                        Registrar may send notice to the Company under any of the following cases of such a company –

  • not carrying on any business or operation for a period of two year immediately preceding financial years and has not made any application for obtaining the status of a dormant company.
  • The subscribers to the memorandum have not paid the subscription within one hundred and eighty days from the incorporation and declaration not filed
  • Not commenced business within one year of its incorporation 2.Whom shall the notice be sent?:
  • To every Director at their registered address as per their DIN.
  • At the registered office of the company 3.What shall the notice contain?:
  • Informing his intention to remove the name of the company from the register of companies
  • Request the company and its directors to send their representations along with copies of relevant documents within thirty days. 4.What after sending Notice?:
  • Publish the notice in a prescribed manner and also in the Official Gazette for the information of the general public. 5.Under what conditions, finally, the name of the company is removed?:
  • At the expiry of the time mentioned in the notice, the Registrar may, unless cause to the contrary is shown by the company, strike off its name from the register of companies, and
  • Publish a notice in the Official Gazette

Article 2

Application by the company for Closure of companies under Companies Act, 2013(It is to be noted that this section (Section 248 of Companies Act, 2013) has not yet come into force)

Under what conditions Company on its own initiative apply to the Registrar to remove the name of the company from its Register and how the name of the company be removed therefrom?

1.Application to Registrar:

Company may apply to Registrar to remove its name from the Register of Companies if following conditions are satisfied

  • extinguishing all its liabilities
  • a special resolution or consent of seventy-five percent of the members in terms of paid-up share capital

         2.Which company cannot make application to Registrar?:

Companies registered under section 8 of Companies Act, 2013 or section 25 of Companies Act, 1956 ( Non-profit Organisation

3.Conditions in which application cannot be made?:

The company cannot make such application if, at any time in the previous three months, it has:

  • changed its name or shifted its registered office from one State to another;
  • made a disposal for value of property or rights held by it, immediately before lesser 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 or 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, whether voluntarily or by the Tribunal.

4.What after the Application is made?:

The registrar shall Publish the notice in a prescribed manner and also in the Official Gazette for the information of the general public 5.In which conditions, finally, the name of the company is removed?

  • At the expiry of the time mentioned in the notice, the Registrar may, unless cause to the contrary is shown by the company, strike off its name from the register of companies, and
  • Publish notice in the Official Gazette
Summary
IN WHAT CONDITIONS AND HOW REGISTRAR CAN REMOVE THE NAME OF A COMPANY FROM ITS REGISTER?
Article Name
IN WHAT CONDITIONS AND HOW REGISTRAR CAN REMOVE THE NAME OF A COMPANY FROM ITS REGISTER?
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not carrying on any business or operation for a period of two year immediately preceding financial years and has not made any application for obtaining the status of a dormant company.
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Venture Care
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