Section 309: Grounds for removal from register

309. Grounds for removal from register (1) Subject to this section, the Registrar shall remove a company from the register of companies where— (a) the company is an amalgamating company, other than an amalgamated company, on the day on which the Registrar issues a certificate of amalgamation under section 249 of this Act; or (b) the Registrar is satisfied that— (i) the company has ceased to carry on business and there is no other reason for the company to continue in existence; or (ii) the company has failed to pay its registration fees; or (iii) the company has not filed its annual return as required under section 223 (2); or (c) the company has been put into liquidation, and— (i) no liquidator is acting; or (ii) the documents referred to in section 151 (3) of the Insolvency Act have not been sent or delivered to the Registrar within 6 months of the date on which the liquidation of the company is completed; or (d) the Registrar receives a request, in a form approved by him, from— (i) a shareholder authorised to make the request by a special resolution of shareholders entitled to vote and voting on the question; or (ii) the Board or any other person, where the constitution of the company so requires or permits, that the company be removed from the register on any ground specified in subsection (2); or (e) a liquidator sends or delivers to the Registrar the documents referred to in section 151 (4) of the Insolvency Act. (2) A request that a company be removed from the register under subsection (1) (d) may be made on the grounds— (a) that the company has ceased to carry on business, has discharged in full its liabilities to all its known creditors, and has distributed its surplus assets in accordance with its constitution and this Act; or (b) that the company has no surplus assets after paying its debts in full or in part, and no creditor has applied to the Court under section 102 of the Insolvency Act for an order putting the company into liquidation. (3) A request that a company be removed from the register under subsection (1) (d) shall be accompanied by a written notice from the DirectorGeneral of the Mauritius Revenue Authority stating that there is no objection to the company being removed from the register. [Issue 6] C35 – 182 Revised Laws of Mauritius (4) The Registrar shall not remove a company from the register under subsection (1) (b) unless— (a) the Registrar has given notice in accordance with section 310; and (b) the company has satisfied the Registrar that it is carrying on business or that reasons exist for the company to continue in existence; and (c) the Registrar— (i) is satisfied that no person has objected to the removal under section 312; or (ii) where an objection to the removal has been received, has complied with section 313. (5) The Registrar shall not remove a company from the register under subsection (1) (c) or (e) unless— (a) the Registrar is satisfied that notice has been given in accordance with section 310; and (b) the Registrar— (i) is satisfied that no person has objected to the removal under section 312; or (ii) where an objection to the removal has been received, has complied with section 313. [S. 309 amended by s. 3 (e) of Act 28 of 2004 w.e.f. 26 August 2004; s. 7 (e) of Act 27 of 2013 w.e.f. 21 December 2013.]