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    Strike Off Query

    Posted By : SHALU / Published on : 14-Apr-2022 12:11 PM / View : 560 / Comment : 4

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    Dear All

    There is a Pvt. Co. which was incorporated in 2020 but there has been no business till the date since its inception...but the main object has been modified...In such a scenario...can Company go for strike off??

    Kindly guide.
    Read more on : query strike

    • Dear Member,

      If the company has not commenced its business, then the company may apply for removal of name under section 248(1)(a)

      (a) a company has failed to commence its business within one year of its incorporation; 1[or]

      Thus a company may, after extinguishing all its liabilities, by a special resolution or consent of seventy-five per cent. members file an application to the Registrar for removing the name of the company from the register of companies on all or any of the grounds specified in sub-section (1).

      19-04-2022 / 05:35:46 AM
      Reply
    • Hi Arun,

      With reference to your good answer, i would like to add that,

      Before applying for striking off the company on ground specified under Section 248(1)(a) of Companies Act, 2013, please ensure that the company's bank statement shall not represent any amount which indicates the operations of Comapny including Purchases, sales, investments, etc.

      Thankyou!

       

      20-04-2022 / 06:04:47 AM
      Reply
    • Thanks for sharing your points as well.

      20-04-2022 / 06:13:24 AM
      Reply
    • In such case first confirm is INC-20 A got filed with MCA ? Confirm it
      Like MGT-14 Filed then i can assume the company has filed INC-20A before object chnage only.
      But company not started its operation since incorporation then also company can go for the Closre of the company on the ground:
      • Company has failed to commence any business in a year of its incorporation.
      • The company is not carrying out any business or Activity for preceding 2 financial years and has not sought the status of Dormant Company.
      For more details :
      https://www.compliancecalendar.in/close-company

       

      18-06-2022 / 07:41:28 AM
      Reply
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