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We all must have heard about the defaulting companies’ situation. MCA had issued a notice to all defaulting company and asked to revert within 30 days, a failure which may result in the name of the company will be struck off from the registrar. The main grounds of notices were a failure of commencement of Business and failed to file annual returns financial statements in the last two years. In this article, we will discuss the procedure for Striking off a company under the Companies Act.
MCA has revised the procedure of striking off the name of the company from the register of companies maintained by the Registrar of Companies vide its notification dated 26th December 2016 on notifying Section 248 to 252 of the Companies Act, 2013. The provisions relating to Strike Off provide an opportunity to the defunct companies to get their names struck off from the records of the ROC. To provide a procedural aspect of Strike Off under Act, MCA has issued Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.
As per the Companies Act, 2013 there are two modes of strike off as below:
Grounds of strike off:
The ROC may remove the name of a company from ROC on below following grounds:
By above grounds, the ROC shall send notice to the Company informing his intention to remove the company’s name from the record and request the company to send its representative.
Procedure for Strike Off:
Restriction on below Companies:
The Company without prejudicing the provisions of above may by its own by passing special resolution strike off the name of the Company on the grounds mentioned in Section 248(1).
The Company cannot make an application on its own if the following transaction is made at any time before 3 months of making an application:
Read our article:Understanding the Provision Regarding Strike off of LLP
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