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Chapter XVIII - Draft Rules under Companies Act, 2013

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..... vant documents, if any, within a period of thirty days from the date of issue of receipt of such notice. (2) Following companies, are not eligible for taking action by the Registrar under these rules:- (i) Listed companies; (ii) Companies that have been delisted due to non-compliance of listing agreement or any other statutory laws; (iii) Vanishing companies; (iv) Companies where inspection or investigation is ordered and being carried out or yet to be taken up or where completed prosecutions arising out of such inspection or investigation or pending in the Court; (v) Companies where notice under section 206 of the Act has been issued by the Registrar and reply thereto is pending or where prosecution if any, is pending with the .....

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..... lass Judicial Magistrate or Executive Magistrate or Oath Commissioner or Notary to the effect that (a) Extinguished all its liabilities; (b) Filed up to date financial statements and annual returns; (c) Company is not in operation or doing any business; (d) No dues towards income tax or sales tax or central excise or banks and financial institution or public deposits or any other Central Government or State Government Departments or authorities or any local authorities; (e) No inspection or investigation is ordered and pending; (f) No prosecution for non-compoundable offence under the Act is pending; (g) The company is not a listed company; and (h) The company is not a company registered under section 8 of this Act. .....

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..... the companies to whom notices are issued under sub-section(1) or sub section(2) of section 248 ; (3) Every notice issued under sub-section (1) or sub-section (2) of section 248 shall be placed on the website of the company, if any. (4) The Registrar of Companies shall, within fifteen days forthwith, intimate the concerned regulatory authorities regulating the company, if any, Income Tax authorities, Central Excise authorities and Service Tax authorities having jurisdiction over the company , the Chief Secretary of the State where the registered office of the company is situated, about the issue of such notice under sub-section (1) or sub-section (2) of section 248 by way of a Letter of Intimation along with such notice for comment .....

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