There may be a host of reasons for a company to be struck off the register. When a company is struck off, it ceases to exist. Therefore, a company must fulfil the criteria under section 344A of the Companies Act.

Do note that it is an offence for someone to strike off a company without authorisation. We did cover this in an earlier article “How to strike off a company“.

During the period when the application for striking off of the company is made to the time the company is struck off, objections can be lodged to the striking off.

The relevant provision is section 344C of the Companies Act.

 

Section 344C of the Companies Act

Objections to striking off

(1)  Where a notice is given or published by the Registrar under section 344(2) or 344A(4) of the Registrar’s intention to strike the company’s name off the register, any person may deliver, not later than the date specified in the notice, an objection to the striking off of the name of the company from the register on the ground that there is reasonable cause why the name of the company should not be so struck off, including that the company does not satisfy any of the prescribed grounds for striking off referred to in section 344(1) or 344A(1).

(2)  An objection to the striking the name of the company off the register mentioned in subsection (1) must be given to the Registrar by notice in the prescribed form and manner.
(3)  Upon receipt of a notice of objection, which is made in the prescribed form and manner, within the time referred to in subsection (1), the Registrar —
(a) must where applicable, give the applicant or applicants for striking the name of the company off the register notice of the objection; and
(b) must, in deciding whether to allow the objection, take into account such considerations as may be prescribed.

The objection to the striking off application of the company has to be made within the relevant period. This being “the date specified in the notice”. This notice refers to the notice for striking off which would be published in the gazette.

The company is then given 2 months to resolve the matter. If the company does not resolve the matter and the applicant of the objection does not withdraw the objection, the striking off application will lapse. The company will not be allowed to apply for the company to be struck off in the future unless the objection is withdrawn.

 

If you need assistance with dealing with an objection to striking off or to file for an objection on your behalf, you can contact the Raffles Corporate Services team at [email protected].

 

Yours sincerely,

The editorial team at Raffles Corporate Services