What is Restrictions on making application under section 248 in certain situations What is Effect of company notified as dissolved Section 249 and 250 of Indian Companies Act 2013

Restrictions on making application under section 248 in certain situations and Effect of company notified as dissolved are defined under Section 249 and 250 of Indian Companies Act 2013. Provisions under these Sections are:

 

Section 249 of Indian Companies Act 2013 "Restrictions on making application under section 248 in certain situations"

(1) An application under sub-section (2) of section 248 on behalf of a company shall not be made if, at any time in the previous three 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 carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business;

(c) 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;

(d) has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded; or

(e) is being wound up under Chapter XX, whether voluntarily or by the Tribunal.

 

Punishment for violation of Section 249 of Companies Act 2013

(2) If a company files an application under sub-section (2) of section 248 in violation of sub-section (1), it shall be punishable with fine which may extend to one lakh rupees.

(3) An application filed under sub-section (2) of section 248 shall be withdrawn by the company or rejected by the Registrar as soon as conditions under sub-section (1) are brought to his notice.

 

Section 250 of Indian Companies Act 2013 "Effect of company notified as dissolved"

Where a company stands dissolved under section 248, it shall on and from the date mentioned in the notice under sub-section (5) of that section cease to operate as a company and the Certificate of Incorporation issued to it shall be deemed to have been cancelled from such date except for the purpose of realising the amount due to the company and for the payment or discharge of the liabilities or obligations of the company.

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