SECTION 249 (Restriction on making application u/s 248 in certain cases)
Updated: Oct 7, 2022
Section 248(1)
Where the registrar has a reasonable cause to believe that:
(a) The Company has failed to commence its business within one year of its incorporation,
Or
(b) 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 dormant Company u/s 455.
DISQUALIFICATIONS (as per Rule 3)
Listed Companies
De-listed Companies due to non Compliance of listing agreement or any other statuary laws
Section 8 (or Section 25) Companies
Companies having charges which are pending satisfaction
Vanishing Companies
Companies where investigation/inspection has been ordered and is pending.
Companies, where order u/s 234 of Companies Act, 1956 (power of Registrar to call for information or explanation) has been issued by ROC and reply, is pending.
Companies whose compounding application is pending in a competent authority.
Companies against which any prosecution for an offense is pending in any court
Companies accepted public deposits & which are outstanding for payment.
Section 248(2)
A Company may after extinguishing all liabilities, also make an application in Form No. STK-2 which shall be signed by the director duly authorized by the Board and certified by a PCA/PCS/PCWA along with the fee of 5000/- rupees for the purpose of removing the name of the Company from the register of members after abolishing all of its liabilities, by passing a special resolution or obtaining the consent of 75% members in terms of paid-up share capital.
SECTION 249
Restriction on making application u/s 248 in certain cases
An application u/s 248(2) by a Company shall not be made if at any time in the previous 3 months, the Company
(a) has changed its name or shifted its registered office from one state to another
(b) has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise car