Section 249 of CA 2013 : Section 249: Restrictions On Making Application Under Section 248 In Certain Situations

Explanation using Example

Imagine a private company, XYZ Pvt Ltd, that has been inactive for a while and wants to legally close down. The company decides to apply to the Registrar of Companies (RoC) for striking off its name from the register under section 248(2) of the Companies Act, 2013. However, just one month ago, XYZ Pvt Ltd changed its official name to ABC Pvt Ltd and also shifted its registered office from Delhi to Maharashtra.

According to Section 249(1) of the Companies Act, 2013, ABC Pvt Ltd (formerly XYZ Pvt Ltd) is not eligible to make the application to the RoC because it has changed its name and shifted its registered office within the last three months, which is against the conditions listed in the law.

If the company decides to ignore this and proceeds with the application, under Section 249(2), it may be subject to a fine of up to one lakh rupees for violating the law. Moreover, when the RoC becomes aware of this violation, as per Section 249(3), the application must be withdrawn by the company or will be rejected by the RoC.