Regulation 145 — Application procedure for striking off

Regulation text

(1) Where a defunct company desirous
to strike its name off the register of companies, may file with the concerned registrar an application
on specified format App-4 along with the following documents-
(i) copy of members' resolution as specified on Appendix-A to the application App-4;
(ii) copy of the minutes of meeting specifically containing the view point of the dissenting
member, if any;
(iii) a declaration/indemnity on Appendix-B to the application App-4 by at least three
fourth majority of the directors including chief executive of the company, duly
verified by an affidavit administered before the Class I Magistrate or Oath
Commissioner/Notary public; and
(iv) auditors' certificate, from a person not disqualified to act as an auditor of the company
under the Act, on the format given in the Appendix-C to the application App-4:
Provided that the public company and its subsidiary, and private company
having paid up capital of three million rupees or more shall furnish the certificate from
a chartered accountant within the meaning of Chartered Accountants Ordinance,
1961(X of 1961).
(2) Where an application received under sub -regulation (1), is made by a company
formed or operating under any licensing regime, or which has been granted approval, registration or
enrolment by any authority or entity, such application shall be accompanied with no objection
certificate from that respective authority or entity.
(3) Where an application received under sub -regulation (1), is made by a Public Sector
Company as defined in Public Sector Companies (Corporate Governance) Rules, 2013, such
application shall be accompanied with no objection certificate or approv al from controlling
Government, any instrumentality, or agency of Government or statutory body, as the case may be,
and such further information as the Commission may deem fit.

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