Properties of struck off companies from RoC can’t be used, operated, transferred or alienated until restored by Tribunal u/s 252 of the Companies Act.
Registrar of Companies (RoC) invoking his powers u/s 248 can strike off/remove the name of a company in cases inter alia where company has not commence its business within one year or where company is not carrying any business.
Under section 252 of the companies Act, 2013 any person aggrieved by the order of the RoC may file an appeal to the Tribunal and if the removal is unjustified, it can be restored.
As per statement made by Shri P.P. Chaudhary, Minister of State for Law & Justice / Corporate Affairs in written reply to a question in Lok Sabha on 22nd December, 2017, 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.
It was further stated 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.
Source: Press Information Bureau
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