Category Archives: Chapter XVIII – CA2013

REMOVAL OF NAMES OF COMPANIES FROM THE REGISTER OF COMPANIES

Appeal or Application for Restoration of Names of Company


The National Company Law Tribunal (Amendment) Rules, 2017 notified on 6th July 2017 which came into force in same date inserted Rule 87A the National Company Law Tribunal Rules, 2016. In this post, we will discuss newly inserted rules with brief background.

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Application for removal of Name of Company


Application for removal of name of the companies from the register of companies maintained by Company registrars has legal roots in Sub – section (2) of Section 248 of the Companies Act, 2013 as discussed earlier here. Rule 4 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 deals with its procedural aspects. We will discuss Rule 4 in this post. Continue reading

Show Cause Notices for Suo-motu strike off of company


In earlier post here, we discussed law relating to suo-motu removal of name of company from the register of companies of the Registrar of companies. Recently, Registrar of Companies posted strike off notices in bulk of companies seems eligible for suo-motu strike off. When Government is claiming it a strike on shell companies, such notices received mixed reaction. Public notices are also published by almost all Registrar of Companies. One can access these public notices here.

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Suo-motu Removal of name of company


Suo-motu removal of name of the companies from the register of companies maintained by Company registrars is legal roots in Sub – section (1) of Section 248 of the Companies Act, 2013 as discussed earlier here in its original form and its amendment by the Companies (Amendment) Act, 2015 as discusses thereafter. Rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 deals with its procedural aspects. We will discuss Rule 3 in this post.

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Companies Act 2013 Amended by Insolvency and Bankruptcy Code 2016


A notification issued by Ministry of Corporate Affairs notified section 255 of the Insolvency and Bankruptcy Code, 2016. By virtue of notification of Section 255 of Insolvency and Bankruptcy Code, 2016; the Companies Act, 2013, stands amended in accordance with Schedule XI of the IBC2016 with effect from 15th November 2016. We shall have a short discussion here.

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REMOVAL OF NAME OF COMPANIES


Life always started to death. Company can be created and wind up. Sometimes, Idea of a company conceives, but fail to take life.

POWER OF REGISTRAR TO REMOVE NAME (SECTION 248):

Notice for Removal of Name by the Registrar:

The Registrar may send a notice to the company and all its director of his intention to remove the name of the company from the register of companies, when the Registrar has reasonable cause to believe –

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