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Section 249 Of The Companies Act 2013: Restrictions On Making Application Under Section 248 In Certain Situations

SECTION-249 (Restrictions on making application under section 248 in certain situations) under CHAPTER-XVIII (Removal of Names of Companies from the Register of Companies) of the Companies Act, 2013

(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 of this Act or under the Insolvency and Bankruptcy Code, 2016.

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(3) An application filed under sub-section (2) of section 248 shall be withdrawn by the company or rejected by the Registrar as soon as conditions under sub-section (1) are brought to his notice.

Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link

(2) Section 249 of the Companies Act 2013 was notified by MCA Notification S.O. 4167(E) dated 26th December, 2016 (w.e.f. 26th December, 2016) - link

(3) Clause (e) of sub-section (1) of section 249 of the Companies Act 2013 was substituted as per the section 255 of the Insolvency and Bankruptcy Code, 2016 - link:
[Original clause: (e) is being wound up under Chapter XX, whether voluntarily or by the Tribunal.]

MCA has notified section 255 of the Insolvency and Bankruptcy Code, 2016 vide notification no. S.O. 3453(E) dated 15th November 2016 (w.e.f. 15th November 2016) - link

This page was last updated on 3rd May, 2017.

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