STRIKE OFF OF COMPANY
♦ Section 248 of the Companies Act, 2013and Companies (Removal of Name of Companies from the Registrar of Companies) Rules, 2016 is all about striking off the Name of the company. Strike Off means removing the name of the Company from the record of Register of Companies which is more like a Closing of the Operations of the Company and the Company will not be in existence after being Struck Off and cannot perform any operation thereafter.
♦ Way of Strike off of the company:
1. Order of Registrar of company
2. Filing Suo motto Application by the company.
1. REGISTRAR ITSELF DIRECT STRIKE OFF IN FOLLOWING CASE:
Registrar Direct Strike Off On Following Grounds
1. Company fails to commence business within one year from the Incorporation of Company.
2. Company is not carrying Operations from last 2 preceding year. And not Made application for obtaining status of Dormant Company
3. Subscriber has not paid Subscriber money within period of 180 Days From date of Incorporation.
4. Company is not carrying Business after physical verification under section 12(9) of Companies Act, 2013.
On the basis of any of the ground specified above Registrar send notice to the Company and Director to remove name From ROC and seeking their Representation within the periods of 30 days.
1. FILLING SUO MOTO APPLICATION BY COMPANY IT SELF:
Company is not eligible for making an application for the strike off of a company suo motto if in previous three month ,
1. Company has change name or registered office form one state to another.
2. Company has disposed the property before the immediately cessation of Business activity.
3. Company is engaged in any activity other than necessary for purpose of making application.
4. Company has make application for compromise and arrangement to the tribunal.
5. Company is wound up under chapter XX of companies act, 2013 or under insolvency and bankruptcy code, 2016.
PROCEDURE FOR STRIKE OFCOMPANY:
Step 1: Approval of Board:
Step 2: Members Approval:
Step 3: Approval of Concerned Authority:
Step 4: Filling with ROC:
Step 5: Calling of information by registrar*:
Step 6: Further information By Registrar*:
Step 7: Official publication:
Step 8: Publication for of striking off the name of the company
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