A Company incorporated under the provisions of Companies Act, 2013 or any other previous laws, can be removed from the Register of Companies by the Registrar of Companies.

A Company can be removed from the Register of Companies either suo moto by the Registrar or upon application by the Company itself.

Section 248(1) of the Companies Act, 2013 has given power to Registrar of Companies to remove name of company from Register of Companies and has prescribed Grounds of Removal of name of Companies from Register of Companies which are as follows:

Further, under Section 248(2) of the Companies Act, 2013, a Company can make an application to Registrar for removal of its name under any of the above-mentioned grounds by passing a Special Resolution or consent of seventy-five per cent members in terms of paid-up share capital.

Further, in the case of a company regulated under a special Act, approval of the regulatory body constituted or established under that Act shall also be obtained and enclosed with the application.

Section 248(2) is not applicable to Section 8 Company i.e. a company incorporated with Charitable Objects.

Restrictions on Making Application Under Section 248 in Certain Situations:

A company cannot make an application under Section 248(2) if the company has in the previous three months if it has–

Removal of Names of Companies from the Register of Companies

Thus, above enlists the provisions related to Removal of name of Companies from Register of Companies by Registrar either suo moto or upon application by the Company itself. 

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Posted by:

CS Neetu Saini

AKGVG & Associates