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CS Professional · Corporate Restructuring, Valuation and Insolvency · Strike Off and Restoration of Name of the Company and LLP

Orchid Pharma Ltd was struck off by the Registrar, and the Registrar later finds the strike off occurred on the basis of incorrect information furnished by the company's directors. Under the second proviso to section 252(1), what may the Registrar do?

The Registrar may file an application before the Tribunal seeking restoration within three years from the date of the dissolution order under section 248, where the strike off was inadvertent or based on incorrect information given by the company or its directors. The Tribunal, not the Registrar, orders restoration.

  1. AFile an application before the Tribunal seeking restoration within three years from the date of the order dissolving the companyCorrect
  2. BDirectly restore the name in the register without approaching the Tribunal
  3. CFile an application before the Tribunal seeking restoration at any time within twenty years
  4. DWait for a member or creditor to apply, since the Registrar has no power to seek restoration

Explanation

The second proviso to section 252(1) lets the Registrar, if satisfied that the name was struck off inadvertently or on incorrect information from the company or its directors, file an application before the Tribunal within three years from the date of the order dissolving the company. Restoration is ordered by the Tribunal, not directly by the Registrar, and the period is three years, not twenty.

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