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On August 6, 2024, in response to an un-starred question in the Rajya Sabha, the Ministry of Corporate Affairs reported on Goa-based companies struck off from the Registrar of Companies over the past five years. From 2019-2024, a total of 795 companies in Goa were struck off, with 19 of these being revived. The yearly breakdown showed fluctuations in the number of companies struck off, peaking at 286 in 2019-20 and dropping to 78 in 2023-24. Regarding revivals, the most active year was 2020-21 with 10 companies revived. The response clarified that there have been no specific amnesty programs for companies struck off in Goa. However, the Companies Act, 2013 provides provisions for appealing against dissolution orders and restoring companies to the register if certain conditions are met. Appeals can be made within three years, and restoration applications can be filed within twenty years if the company was operational at the time of its striking off.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
RAJYA SABHA
UN-STARRED QUESTION NO. 1649
ANSWERED ON Tuesday, August 6, 2024
Sravana 15, 1946 Saka

GOA-BASED COMPANIES STRUCK OFF FROM THE REGISTER OF COMPANIES

QUESTION

1649. Shri Sadanand Mhalu Shet Tanavade:

Will the Minister of CORPORATE AFFAIRS be pleased to state:

(a) the number of Goa-based companies that have had their names struck off from the Registrar of Companies over the last five years;

(b) the number of cases in which Goa-based companies have been revived after being struck off in the last five years; and

(c) whether there have been any amnesty programs in the last five years for winding up (permanently closing) companies that were struck off from the State of Goa, if so, the details thereof?

ANSWER

Minister of State in the Ministry of Corporate Affairs; Minister of State in the Ministry of Road Transport and Highways.

(Shri Harsh Malhotra)

(a) The number of Goa-based companies that have had their names struck off from the Registrar of Companies over the last five years is furnished as under: –

Year No. of struck off companies
Goa Daman & Diu
2019-20 286 7
2020-21 34 2
2021-22 213 5
2022-23 184 12
2023-24 78 12
Total 795 38

(b) The number of cases in which Goa-based companies have been revived after being struck off in the last five years is furnished as under: –

Year No. of companies revived
Goa Daman & Diu
2019-20 1
2020-21 10
2021-22
2022-23 2
2023-24 6
Total 19

(c) Winding up and striking out are separate processes governed under different sections of the Companies Act, 2013. No amnesty scheme has been framed for companies that have been struck off from the Register of Companies. However, as per provisions under Section 252 (1) of the Companies Act, 2013, any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar.

Similarly as per provisions under Section 252 (3) of the Companies Act, 2013 in case a company, or member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies.

*******

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