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    Grounds for striking off

    Posted By : neetu / Published on : 26-Nov-2021 06:50 AM / View : 1439 / Comment : 2

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    Dear Members

    Warm greetings!

    Is ground of disqualification mentioned in Sec 164 (2) (a) of co. Act, 2013 is a valid ground on which ROC can pass order of striking off?

    Thanks in advance
    Read more on : striking grounds

    • Hello Neetu,

       

      if we go with the provisions of section 248

       Where the Registrar has reasonable cause to believe that—

      (a) a company has failed to commence its business within one year of its incorporation; [or]

      [Omitted].

      (c) a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455 or

      (d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under subsection (1) of section 10A; or

      (e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12.]]]

      he shall send a notice to the company and all the Directors of the company, of his intention to remove the name of the company from the register of companies

       

      your case may fall within clause (c) of above section, 

      therefore it can be a ground on which ROC may issue strike off notice, depending upon discretion of ROC.  

      15-06-2022 / 05:18:40 AM
      Reply
    • Hi Member,

      This case may fall under the provision of Section-248(1)(c) of Companies Act, 2013 which states the ground of Stiking off, as follows:

      "a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under 7[5[3section 455 or]]]"

      Accordingly, the ROC may send the Notice to the Company and all the Directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice.

      However, if the business of the company is in Operations and the filing is not done due to any other reason, Company may prove the same by filing its repesentation to ROC.

      Hope it helps

      Thankyou!

      15-06-2022 / 06:08:09 AM
      Reply
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