Restore your Dissolved Company
Registrar
of Companies (Registrar) has sent notices to the companies and its directors declaring
its intention to remove the name of company from the Registrar of Companies and
requesting them to represent their case along with relevant documents, if any
within a period of 30 days from the date of notice on the following grounds:
a. A company has failed
to commence its business within one year of its incorporation; OR
b. 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.
On expiry of the time mentioned in notice, the Registrar may, unless
cause to the contrary is shown by the Company, strike off its name from the
Register of Companies and publish notice thereof in official gazette. On such
publication, the company stand dissolved.
Recently many companies have been struck off by the Registrar. The only
remedy available to restore the Company, if it is operational, is to file an
appeal in Form No. NCLT 9 to
National Company Law Tribunal (Tribunal) under Section 252 of the Companies
Act, 2013.
How to restore the
company?
·
As per Section 252, any person
aggrieved by an order of the Registrar may file an appeal to the Tribunal within
a period of three years from the date of the order of the Registrar.
·
If Tribunal is of the opinion that
removal of name of the company is not justified in view of the absence of any
of the grounds referred above on which order was passed by the Registrar, it
may order restoration of the name of the company.
· The Tribunal shall give a reasonable opportunity of making
representations and of being heard to the Registrar, the Company and all the
persons concerned
In some of the recent cases filed under Companies Act, 2013, Tribunal have
passed the order in favour of company to restore its name subject to fulfilment
of the requisite formalities mentioned in report of Registrar.
In Sheikh Nuruzzaman V/s The Registrar of Companies, Kolkata bench[1],
the Tribunal had passed an order granting restoration of name of the company
only on compliance with the requisite formalities as pointed out in report of
Registrar i.e. annual filing for the period of default alongwith prescribed
fees within four weeks from the date of order. The similar order was pronounced
in Mohit
Parikh V/s The Registrar of Companies[2]
and Manoj Kumar Agarwal V/s Registrar of Companies[3].
No comments:
Post a Comment