sai sudhakar (audit manager) (46 Points)
29 August 2018
Kanika khetan
(Sr. Associate)
(331 Points)
Replied 30 August 2018
As per sec 248 of Companies Act 2013, a registrar can remove name of firm only after it full fills the following conditions
(1) Where the Registrar has reasonable cause to believe that—
(a) a company has failed to commence its business within one year of its
incorporation;
(b) the subscribers to the memorandum have not paid the subscripttion which
they had undertaken to pay within a period of one hundred and eighty days from the
date of incorporation of a company and a declaration under sub-section (1) of section 11
to this effect has not been filed within one hundred and eighty days of its incorporation;
or
(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
(2) Without prejudice to the provisions of sub-section (1), a company may, after
extinguishing all its liabilities, by a special resolution or consent of seventy-five per cent.
members in terms of paid-up share capital, file an application in the prescribed manner 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.
From the above clause it is clear that company needs to extiguish all its liabilities before applying for stricking off of name.
I hope this helps !!
CAclubindia
