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Prescribed circumstances on whether company is carrying on business

Companies Regulations

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For the purposes of section 344(1A) of the Act, the circumstances to which the Registrar may have regard in determining whether there is reasonable ground to believe that a company is not carrying on business are the following:(a)the fact that the company has failed to file its annual return as required under section 197 of the Act;(b)the fact that the company has failed to respond to any correspondence sent by the Registrar by registered post, where a response is required; (c)the fact that mail sent by the Registrar to the registered office of the company is returned undelivered;(d)the fact that credible information has been received by the Registrar indicating that the company is not carrying on business; (e)the fact that none of the locally resident directors of the company could be contacted or located by the Registrar after the Registrar had taken reasonable efforts to do so;(f)the fact that the sole director or the last remaining locally resident director of the company, shown in the register of directors kept under section 173 of the Act, is dead or is disqualified from acting as a director under the Act.

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