In case the company failed to commence business within one year of date of registration or A company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455.
Strike Off Company
Following categories of companies shall not be removed from the register of companies:-
- Listed companies.
- Companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws.
- Vanishing companies.
- Companies where inspection or investigation is ordered and being carried out or actions on such order are yet to be taken up or were completed but prosecutions arising out of such inspection or investigation are pending in the Court.
- Companies, where notices under Section 234 of the Companies Act, 1956 (1 of 1956) or Section 206 or Section 207 of the Act have been issued by the Registrar or Inspector and reply, thereto, is pending or report under section 208 has not yet been submitted or follow-up of instructions on report under section 208 is pending or where any prosecution arising out of such inquiry or scrutiny ,if any, is pending with the court.
- Companies against which any prosecution for an offence is pending in any court.
- Companies whose application for compounding is pending before the competent authority for compounding the offences committed by the company or any of its officers in default.
- Companies, which have accepted public deposits which are either outstanding or the company is in default in repayment of the same.
- Companies having charges which are pending for satisfaction; and.
- Companies registered under Section 25 of the Companies Act 1956, or Section 8 of Companies Act, 2013.
Situations in which Company cannot apply for Strike off:
The Company shall not made any application for the strike off of the Company if any time in the previous 3 month the company has done any of the below mentione workings:
- Has Changed its name or.
- Has Shifted its registered office from one State to another.
- Has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business.
- Has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement.
- Has made an application to the Tribunal for the sanctioning of a Compromise Or Arrangement and the matter has not been finally concluded; or
- Is being wound up under Chapter XX, whether voluntarily or by the Tribunal.