Under Section 248 Companies Act 2013, the REGISTRAR may, on his own motion or on application by a company, REMOVE the name of a company from the register where the company has:
Aonly one director on its board, regardless of any other circumstances of the case (cf. Companies Act 2013, Section 248) (cf. Companies Act 2013, Section 248) (cf. Companies Act 2013, Section 248)
Bonly paid up capital below Rs 5 crore at any time in any financial year (cf. Companies Act 2013, Section 248) (cf. Companies Act 2013, Section 248) (cf. Companies Act 2013, Section 248)
Cfailed to commence its business within ONE year of its incorporation; OR is not carrying on any business / operation for the IMMEDIATELY PRECEDING TWO financial years and has not made application for dormant company status
Dany director who has resigned during the financial year for any reason whatsoever (cf. Companies Act 2013, Section 248) (cf. Companies Act 2013, Section 248) (cf. Companies Act 2013, Section 248)
Answer & Solution
Correct answer: C. failed to commence its business within ONE year of its incorporation; OR is not carrying on any business / operation for the IMMEDIATELY PRECEDING TWO financial years and has not made application for dormant company status
1. Section 248(1) Companies Act 2013 empowers the Registrar to remove a company's name from the register where: (a) failed to commence business within ONE YEAR of incorporation; (b) 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 status of a DORMANT COMPANY under Section 455; (c) subscribers to MoA have not paid subscription / not filed declaration of business commencement under Section 10A; (d) on physical verification under Section 12(9), company is not carrying any business.
2. Section 248(2): A company may also voluntarily apply for removal of its name after extinguishing liabilities and obtaining special resolution.
3. Aggrieved persons may appeal to NCLT under Section 252.
4. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 248_
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