Name registration of a "strike off" company

MCA / ROC Filings 706 views 2 replies

Vinayak

None

35 Points Posted on 05 August 2015

Hello there,

I want to register a LLP/Company in Delhi but the prospective name already belongs to a Pvt. Ltd. in Tamilnadu. Based on my research, that company was incorporated in Jan 2007 and closed its operations in Jan 2008. The current status of that company is "Strike Off" based on the information retrieved from companyinfoz, corporatedir, zaubacorp etc.

However, when doing a search at MCA21, the name still pops up as regular. The only difference is that they had the name split in two words like ABC XYZ Pvt. Ltd and what I need is ABCXYZ LLP. Also, they do not have any trademarks against the name filed under any Class.

Any suggestions about how to go about resolving this situation and being able to register the name would be much appreciated!

Thanks.

Replies (2)

prakash

Company Secretary

1352 Points Posted on 05 August 2015

Dear Vinayak,

Proposed name is identical with the name of a company which is struck off in pursuance of action under section 560 of the CA, 1956, then the same shall not be allowed before the expiry of 20 years from the publication in the Official Gazette being so struck off since the company can be restored anytime within such period by competent authority.

Vinayak

None

35 Points Posted on 05 August 2015

Thanks for your insights Prakash!

I did read about the 20 year timeline under Section 560 which is when the original owner can re-initiate operations as if the name was never struck off. However, is there no way around this? We are kind of stuck on this name. I have also reached out to ROC Delhi for an explanation on the same and awaiting response.

This 20 year huge limit makes no sense at all; it's like parties instantly registering names with either no intention of real business, could never begin or close down operations in no time due to any reason and the name gets deadlocked for 2 decades only for them to look for a deal if someone approaches for release. There are way too many registered companies with a similar situation, and it's quite likely that 99% of them won't re-instate or would re-instate under a different brand name/identity. Wonder how there is no way around this absurd situation!

Thanks.