• Notice by registrar for removal of name from the register of company

I got notice saying 
"Notice by registrar for removal of name from the register of company "

what are the options for me to handle this ?
Asked 6 years ago in Business Law

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9 Answers

Removal of company’s name from the register of companies on suo-moto basis is possible where the Registrar has reason to believe that—

(a) the company has failed in commencing its business within the first year of its incorporation; or

(b) the company isn’t carrying on any operation or business for a period of 2 immediately preceding FY (financial years) and has applied within that period for acquiring the dormant company status under section 455,

The registrar 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.”

The Registrar may remove the company’s name from the companies register in terms of the Act of Section 248:

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

  1. You can be adviced only if you specify the grounds of notice (which must be written in notice). 
  2. Hence, pay a visit to me with your notice you have received. I'm based in Navi Mumbai/Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Depends on reason of striking off,

Weather failed to commence its business within 1 year of its incorporation OR not carrying on any business or operation for a period of 2 (two) immediately preceding financial years and not obtained the status of Dormant Company.

Limited options,

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You need to see why such notice has been given by the registrar to you and rectify the said defects

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

See if company name is remove for non filing of annual returns or not having business then in that case you have to file petition in NCLT to restore the name of company.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear

If you want a better advise over your question you should also mention the grounds due to which the notice has been issued to you.

The notice shall contain the reasons on which the name of the company is to be removed from the register of companies and shall seek representations, if any, against the proposed action from the company and its Directors along with the copies of relevant documents, if any, within a period of thirty days from the date of the notice.

So you should reply to the notice within thirty days from the date of notice with copies relevant documents.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Power of Registrar to remove name of company from register of companies

www. mca.gov.in/SearchableActs/Section248.htm

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1.  Removal of Co. Name from ROC records is due to "non-compliance of statutory requirements", for many years together. 

2.  You can make an application to condone the "removal" by undertaking to comply with all the pending returns, by paying the prescribed penalty etc....

3.  However IF the Co. is "inoperative" for long time, THEN it is best that the ROC removes it from its records (which means no need for any statutory pending compliance in future) and THEN consequently you can register a fresh co. after some reasonable period.  This way all the old records can be wiped out clean.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If you have received a notice then it becomes your duty to issue a reply notice.

You can give a reply denying the allegations and record your objection to the notice to remove your name from the register of the company and may inform the registrar in your reply that you are ready to face them legally through court.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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