23 Feb 2019

EXCEPTION U/S 248 OF THE COMPANIES ACT 2013

EXCEPTION U/S 248 OF THE COMPANIES ACT 2013

Exceptions:-

Following categories of companies shall not be removed from the register of companies under section 248 read with rule 3 and 4 of companies (removal of name of companies from register of companies) Rules 2016, namely-

 

(i) Listed companies;

(ii) Companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws;

(iii) Vanishing companies;

(iv) 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;

(v) 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 there to 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;

(vi) Companies against which any prosecution for an offence is pending in any court;

(vii) 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;

(viii) Companies, which have accepted public deposits which are either outstanding or the company is in default in repayment of the same;

(ix) Companies having charges which are pending for satisfaction; and

(x) Companies registered under section 25 of The Companies Act, 1956 or section 8 of the Act.