Section 248
Power of Registrar to remove name of company from register of companies
Ask about Section 248
#(1)
Where the Registrar has reasonable cause to believe that—
#(b)
t he subscribers to the memorandum have not paid the subscription 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 11section 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 year and has not made any application within such period for obtaining the status of a dormant company under section 455section 455; or section 455section 455 , 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 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.
#(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 sub-section (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 12section 12.
#(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 ( 1 ) and the Registrar shall, on receipt of such application, cause a public notice to be issued in the prescribed manner:
#(4)
A notice issued under sub-section ( 1 ) or sub-section ( 2 ) shall be published in the prescribed manner and also in the Official Gazette for the information of the general public.
#(5)
At the expiry of the time mentioned in the notice, the Registrar may, unless cause to the contrary is shown by the company, strike off its name from the register of companies, and shall publish notice thereof in the Official Gazette, and on the publication in the Official Gazette of this notice, the company shall stand dissolved.
#(6)
The Registrar, before passing an order under sub-section ( 5 ), shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time and, if necessary, obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company:
#(7)
Amendment history (9)
Substituted vide the Companies (Amendment) Act, 2019 dated 31.07.2019 w.e.f., 02.11.2018.
Inserted vide the Companies (Amendment) Act, 2019 dated 31.07.2019 w.e.f., 02.11.2018.
Refer Rule 3 of Companies (Removal of Names of the Companies from the Register of Companies) Rules, 2016.
Inserted vide Companies (Amendment) Act, 2015.
b ) Omitted vide Companies (Amendment) Act, 2015.
Refer Rule 7 of Companies (Removal of Names of the Companies from the Register of Companies) Rules, 2016.
Refer General Circular 16/2016.
Refer Rule 4, 5, 6, 8 of Companies (Removal of Names of the Companies from the Register of Companies) Rules, 2016.
Refer Rule 9 of Companies (Removal of Names of the Companies from the Register of Companies) Rules, 2016.