Shareholder
Gauri
(Querist) 06 December 2011
This query is : Resolved
One of My Company's shareholder is a Company whose name is strike off from ROC. Now anybody please tell how to deal with such shareholder. Which Section of Companies Act deal with this situation.
My company is in Amalgamation procedure and for taking exemption from Shareholder's meeting, wants to take 100% consent of Shareholder. Now how to take consent of above mentioned company(Shareholder)?
V R SHROFF
(Expert) 06 December 2011
Gauri,
If the striking off of your shareholder's Company is not within your knowledge officially, you carry on as per your Company Records. There is no Court Order, or any instructions, that the Company do not Exist.
If at all, The Company is not against you.
Once it do not exist, it's consent is irrelevant ?/ You may delete the name from Shareholder's list, issuing notice at the last known address, and with copy to ROC.
Mr. Shah may be able to throw more light on this issue.
Finally consult CS/ CA
Sivadas Chettur
(Expert) 06 December 2011
Dear Gauri,
I shall answer your query a little later. But before that I wish to know how the company was allowed to strike off its name? The company should not have any assets and liabilities in order to be eligible for strike off.If that be so how can ROC allow strike off when the company's balance sheet contains investment in shares of your company. Therefore I smell something fishy. I doubt that a false affidavit might have been filed by the directors before the ROC to get the name struck off the register.
siva208@yahoo.com
Gauri
(Querist) 07 December 2011
I do not know how this company struck off its name from ROC. The thing I know that is on MCA Site Company's status is strike off. This company never informed us about this strike off. If According to Mr. Shroff I delete the name of Company from Shareholders List then where should I adjust its share Capital. What should I do with its investment in our Company.Kindly help.
J K Agrawal
(Expert) 08 December 2011
A company never dies even by stricking off the name of company from ROC. The companies are only wound up and striking off is possible only after following winding up procedure.
Winding up procedure means to sell all the assets and to distribute the same in all the creditors.If anything remains, it is to be distributed among share holders.
You can not delete the name of any share holder from your register.
it is punishable.
Send a letter to your last known address and forget it is only remedy.
