section 560 of companies act 1956

MCA 2663 views 2 replies

sushant

student

24 Points Joined December 2009

Dear Sir,

i had a company registerd as a pvt ltd company some 10 years back. but due to some circumstances the company become inoperational within a few months around 1998.

but the company closure information was not send to the ROC.

yesterday i received a letter from ROC with the following details:

-----------------------

Reference: In the matter of the Companies Act, 1956.

1. Pursuant to section 560(1) of the Companies Act, 1956 I have to enquire whether your company is carrying on business or in operation.

2. If the company is not carrying on business or in operation then it will be my duty on receiving a letter to that effect, to publish in the Official Gazette and send to the company a notice that at the expiration of three months from the date of that notice the name of the company will be struck off the Register kept in my office and the company will be dissolved.

3. It will however be seen on reference to sub-section (5) of section 560 of the said Act, that this dissolution is subject to the provisions sthat the liability (if any) of every director and members of the Company shall continue and may be enforced as if the company had not been dissoved.

4. I shall be glad to receive a reply to this enquiry within a month from the date of this letter.

Registrar of Companies

-----------------------

as per now, the company is completly inoperational and no business at all, the balance sheets are also not available.

what i should do, so that the comapny name get struck off from the ROC register.

Plz help.

thanks.

regards

sushant

Replies (2)

CourseCart.in

Mentor at SHAYVIDZ Academy

3756 Points Joined September 2007

Sushant,

If ROC doesn't reveive any reply from the company then also the name of the company will be struck off.

So, if u wanna struck off the name of the company, then i think no need to reply. bt m not so sure..

please also refer the suggestions of other learned members too...

Adarsh

Anshika

CA -Industry- Sr.Accounts Officier

141 Points Joined October 2007

Section 560. states Power of Registrar to strike off defunct company name from his register

Where the Registrar has reasonable cause to believe that a company is not carrying on business or in operation, he shall send to the company by post a letter inquiring whether the company is carrying on business or in operation.

If u did not reply in 1 month , then he will again send u second letter with in 14 days after expiry of 1 month i an answer is not received to the second letter within one month ,a notice will be published in the Official Gazette with a view to striking the name of the company off the register.

In case u reply , he will at the expiration of three months from the date of that notice, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.

More over ,the liability, if any, of every director, manager or other officer who was exercising any power of management, and of every member of the company, shall continue as if the company had not been dissolved;