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        Corp. Laws, SEBI & IBC

        Properties of struck off companies from RoC can’t be used, operated, transferred or alienated in any manner

        December 23, 2017

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        The Central Government has drawn the attention of all the concerned States and Union Territories (UTs) towards the fact that so far,  2,24,733, companies have been struck off from Register of Companies and that assets, properties etc. (i.e. all movable and immovable assets/properties) of such struck off companies (which ceased to operate as legal entities) cannot be used, operated, transferred or alienated in any manner by the companies including by their ex-directors/authorised signatories, till they are restored by following the due process of law under Section 252 of the Act.  

        This was stated by Shri P.P. Chaudhary, Minister of State for Law & Justice / Corporate Affairs in written reply to a question in Lok Sabha.

        Struck off company property: cannot be used or transferred until restored under Section 252 of the Act. Properties and assets of companies struck off the Register of Companies cannot be used, operated, transferred or alienated in any manner until the company is restored under the statutory restoration process under Section 252; the prohibition covers all movable and immovable assets and extends to actions by former directors or authorised signatories.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Struck off company property: cannot be used or transferred until restored under Section 252 of the Act.

                              Properties and assets of companies struck off the Register of Companies cannot be used, operated, transferred or alienated in any manner until the company is restored under the statutory restoration process under Section 252; the prohibition covers all movable and immovable assets and extends to actions by former directors or authorised signatories.





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                              ActsIncome Tax
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