Wednesday 7 November 2018

Property to vest with Central Government in case of struck off

Ministry of Corporate Affairs (MCA) by way the Companies Amendment (Ordinance), 2018 (Ordinance) has made amendments in the various provisions of the Companies Act, 2013 (the Act). Further, MCA has proposed certain Amendment in the Companies Act, 2013. With the combined reading of said amendments, the Registrar may strike off the company on the following grounds:


1. The Company which has not obtained the status of dormant company and

1. Company is not carrying on any business or operation for a period of two immediately preceding financial years  OR
2.  Company is not filing financial statements and annual returns during the last two financial years; OR
3. Company is not having significant accounting transaction during the last two financial years

2. Subscribers have not paid the subscription money at the time of incorporation and a declaration to that is not be filed with the registrar within 180 days from the date of incorporation (Ordinance)

3. Company is not carrying on any business or operation on the physical verification of registered office by the ROC u/s 12(9) (Ordinance)


As per proposed amendment of the all the property and rights held by the Company or held in trust for the Company before the date of strike off, shall vest absolutely in the Central Government., which shall be free from all encumbrances for the Central Government. 

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