CS Professional · Corporate Restructuring, Valuation and Insolvency · Strike Off and Restoration of Name of the Company and LLP
Sundaram Textiles Pvt Ltd, Coimbatore, carried on no business in the last two financial years and has never applied for dormant company status. Its members wish to have the name struck off voluntarily under the Companies Act, 2013. Which approval route is available to the company for filing the application with the Registrar?
The company may apply to the Registrar after passing a special resolution or obtaining consent from members holding at least 75% of paid-up share capital. A board resolution, creditor unanimity or a Tribunal order is not the route for voluntary strike off.
- AOnly an order of the Tribunal on a petition by the directors
- BA special resolution passed by members, or consent of members holding at least 75% of paid-up share capitalCorrect
- CA simple majority resolution of the board of directors alone
- DUnanimous consent of all creditors and workmen
Explanation
A company that has not carried on business for the two immediately preceding financial years and has not applied for dormant status may apply for strike off of its name. The application must be backed by a special resolution or by consent of members holding at least 75% of the paid-up share capital. A board resolution or creditor consent alone is not the prescribed route.
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