Amended and updated notes on section 249 of Companies Act 2013. Detail discussion on provisions and rules related to restrictions on making application under section 248 in certain situations.
Chapter XVIII (Section 248–252) of the Companies Act, 2013 (CA 2013) deals with the provisions related to removal of names of companies from the register of companies. Section 249 of CA 2013 provides for restrictions on making application under section 248 in certain situations.
Recently, we have discussed in detail section 248 (Power of Registrar to remove name of company from register of companies) of CA 2013. Today, we learn the provisions of section 249 of the Companies Act 2013.
The provisions of section 249 is effective from 26th December, 2016. You may refer Notification No. S.O. 4167(E) issued dated 26-12-2016. In this article, you will learn detail of the provisions of section 249 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XVIII |
| Chapter Name | Removal of Names of Companies from the Register of Companies |
| Section No. | 249 |
| Section Name | Restrictions on making application under section 248 in certain situations |
| Monthly Updated Edition | Company Law PDF |
Section 249 of Companies Act 2013: Restrictions on making application under section 248 in certain situations
Section 249 shall come into force on 26th December, 2016 vide Notification No. S.O. 4167(E) dated 26.12.2016.
(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.