Companies Act · s 287B

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287B.
Striking off on application by company [S 49/2018]
(1) The Registrar may, on the application by a company and on payment of the prescribed fee, strike the company's name off the register on such grounds and subject to such conditions as may be prescribed.
(2) An application under subsection (1) shall be made on the company's behalf by its directors or by a majority of them.
(3) On receipt of the application, the Registrar shall, if satisfied that the grounds and conditions (if any) referred to in subsection (1) have been satisfied, send to the company and its directors, secretaries and members a letter informing them of the application and stating that if an answer showing cause to the contrary is not received within 30 days after the date of the letter, a notice, details of which are set out in subsection (4), will be published in the Gazette with a view to striking the name of the company off the register.
(4) The Registrar may not strike a company's name off the register under this section until after the expiration of 60 days after the publication by the Registrar in the Gazette of a notice -
(a) stating that the Registrar intends to exercise the power under this section in relation to the company; and
(b) inviting any person to show cause why that should not be done within such period as the Registrar may prescribe.
(5)
If no person shows cause or sufficient cause within the period referred to in subsection (4)(b) as to why the name of the company should not be struck off the register, the Registrar shall strike off the name of

Companies
CAP. 39 193
the company fiom the register and publish a notice in the Gazette of the company's name having been so struck off.
(6) On the publication of the notice in the Gazette under subsection (5) the company is dissolved.
(7) Notwithstanding the dissolution of the company under subsection (6) -
(a) the liability, if any, of every officer and member of the company shall continue and may be enforced as if the company had not been dissolved; and
(b) nothing in this section shall effect the power of the Court to wind up a company the name of which has been struck off the register.
(8) The Registrar shall ensure that -
(a) such particulars of the company and of the application referred to in subsection (I), as he may determine, is sent to -
(i) the Collector of Income Tax appointed under the
Income Tax Act (Chapter 35); and
(ii) the Tabung Amanah Pekerja Board established by the Tabung Amanah Peke rja Board Order, 20 16
(S 2/20 16); and
(b) the substance of the notices to be published in the
Gazette referred to in subsections (4) and (5) is also published by the Registrar in such other manner as he thinks appropriate.
(9) The Registrar may, for the purposes of this section, send notices to the company by ordinary post or in such other manner as he thinks appropriate.
Withdrawal of application [S 49/2018]

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s 287BStriking off on application by company [S 49/2018]

(1)

The Registrar may, on the application by a company and on payment of the prescribed fee, strike the company's name off the register on such grounds and subject to such conditions as may be prescribed.

(2)

An application under subsection (1) shall be made on the company's behalf by its directors or by a majority of them.

(3)

On receipt of the application, the Registrar shall, if satisfied that the grounds and conditions (if any) referred to in subsection (1) have been satisfied, send to the company and its directors, secretaries and members a letter informing them of the application and stating that if an answer showing cause to the contrary is not received within 30 days after the date of the letter, a notice, details of which are set out in subsection (4), will be published in the Gazette with a view to striking the name of the company off the register.

(4)

The Registrar may not strike a company's name off the register under this section until after the expiration of 60 days after the publication by the Registrar in the Gazette of a notice -

(a)

stating that the Registrar intends to exercise the power under this section in relation to the company; and

(b)

inviting any person to show cause why that should not be done within such period as the Registrar may prescribe.

(5)

If no person shows cause or sufficient cause within the period referred to in subsection (4)(b) as to why the name of the company should not be struck off the register, the Registrar shall strike off the name of

Companies

CAP. 39 193

the company fiom the register and publish a notice in the Gazette of the company's name having been so struck off.

(6)

On the publication of the notice in the Gazette under subsection (5) the company is dissolved.

(7)

Notwithstanding the dissolution of the company under subsection (6) -

(a)

the liability, if any, of every officer and member of the company shall continue and may be enforced as if the company had not been dissolved; and

(b)

nothing in this section shall effect the power of the Court to wind up a company the name of which has been struck off the register.

(8)

The Registrar shall ensure that -

(a)

such particulars of the company and of the application referred to in subsection (I), as he may determine, is sent to -

(i)

the Collector of Income Tax appointed under the

Income Tax Act (Chapter 35); and

(ii)

the Tabung Amanah Pekerja Board established by the Tabung Amanah Peke rja Board Order, 20 16

(S 2/20 16); and

(b)

the substance of the notices to be published in the

Gazette referred to in subsections (4) and (5) is also published by the Registrar in such other manner as he thinks appropriate.

(9)

The Registrar may, for the purposes of this section, send notices to the company by ordinary post or in such other manner as he thinks appropriate.

Withdrawal of application [S 49/2018]