Fte
This query is : Resolved
19 January 2015
Can a Company already under winding up process( under liquidation)apply for striking off under Fast Track Exit Mode Scheme. Please guide.
CS Mitesh Mehta
(Expert)
19 January 2015
Under two circumstances ROC has been empowered to strike off the names of companies under liquidation.
Firstly, where a company is being wound up and the ROC has reasonable cause to believethat no liquidator is acting. Secondly, if he finds that the affairs of the company have been completely wound up, and the required returns are not forthcoming from the liquidator appointed for a period of six consecutive months. In these two
circumstances as mentioned above, the ROC pursuant to Section 560(4) has to send a notice by registered post about striking off its name from the Register to the company, if no liquidator is acting and to the liquidator,
if the required returns are not forthcoming from him.
Firstly, where a company is being wound up and the ROC has reasonable cause to believethat no liquidator is acting. Secondly, if he finds that the affairs of the company have been completely wound up, and the required returns are not forthcoming from the liquidator appointed for a period of six consecutive months. In these two
circumstances as mentioned above, the ROC pursuant to Section 560(4) has to send a notice by registered post about striking off its name from the Register to the company, if no liquidator is acting and to the liquidator,
if the required returns are not forthcoming from him.
CS Mitesh Mehta
(Expert)
21 January 2015
Company can file an application for striking it off the register on the ground that it is a defunct company, i.e. it is not carrying on business or in operation.
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