Can i apply to register a company name which show strikeoff?

This query is : Resolved

MumbaiProperties (Querist)
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18 July 2014 Hi All
I am trying to register a Company Name, which shows as Strikeoff currently in ROC records
The company was registered in 1997 and had last agm and balance sheet filed in 2003

Now the current status in ROC shows Strikeoff

I want to know if the company name can be registered by me or No ?

Appreciate the experts replies here

Thanks in advance

Ankur Garg

Ankur Garg (Expert)
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19 July 2014 Honestly I have never come across issue. But keeping in view the naming provisions there is no restriction if you apply the same name through name availability E-form.

You may directly have a chat with ROC officials or simply apply the name through E-form INC.1 and I am very hopeful that they won’t stop you on the basis that a company (now closed) registered with this name in the past.

Regards

Ankur Garg

Ankur Garg (Expert)
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19 July 2014 As per section 4(4) of Companies Act, 2013, an application for the reservation/availability of a name shall be in Form no. INC.1 along with fee of Rs. 1,000/-. [Rule-9]

Note: MCA has prescribed certain rules for name availability so it is advisable to check guidelines for the same before applying for name.

The ROC will issue a Name availability letter w.r.t. approval for availability of name for a proposed company.

Validity of Name: As per section 4(5), maximum time for which name will be available has been prescribed in the law itself under section 4(5). The name will be valid for a period of 60 Days from the date on which the application for Reservation was made.

Note: The applicant cannot start business or enter into any agreement, contract, etc. in the name of the proposed company until and unless a certificate of registration is issued by the registrar of companies as per the provisions of the Companies Act, 2013 and the rules made there under.

Thanks

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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19 July 2014 You cannot register for a period of 20 years from the date of publication in the gazette being so struck off.
Ref:- Proviso to rule 8(2)(xi) of The Companies (Incorporation ) Rules,2014.

Ankur Garg

Ankur Garg (Expert)
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19 July 2014 Thanks Warrier sir for this piece of knowledge.

However, can we take a plea that name was strike off under Companies Act, 1956 and not section 248 of Companies Act, 2013 and hence said rule is not applicable to our name application?

I think with good liasioning with ROC officials, same name may be obtained. What is your personal opinion Sir?