Section 319:
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
319. Registrar may restore company to register
(1) Subject to the other provisions of this section, the Registrar may, on
the application of a person referred to in subsection (2) and on payment of
the prescribed fee or on his own motion, restore a company that has been
removed from the register of companies to the register where he is satisfied
that, at the time the company was removed from the register—
(a) the company was still carrying on business or other reason
existed for the company to continue in existence;
(b) the company was a party to legal proceedings; or
(c) the company was in receivership, or liquidation, or both.
(2) Any person who, at the time the company was removed from the
register, was—
(a) a shareholder or director of the company;
(b) a creditor of the company; or
(c) a liquidator, or a receiver of the property, of the company,
may make an application under subsection (1).
(3) Before the Registrar restores a company to the register, the Registrar
shall give public notice in 2 daily newspapers in wide circulation in Mauritius
setting out—
(a) the name of the company;
(b) the name and address of the applicant;
(c) the section under, and the grounds on which, the application is
made or the Registrar proposes to act, as the case may be; and
(d) the date by which an objection to restoring the company to the
register shall be filed with the Registrar, not being less than
28 days after the date of the notice.
(3A) Where the Registrar restores a company to the register on his own
motion under subsection (1)—
(a) subsection (3) shall not apply; and
(b) he shall give notice of the restoration in accordance with section 321.
(4) The Registrar shall not restore a company to the register if the Registrar
receives an objection to the restoration within the period stated in the notice.
(5) Before the Registrar restores a company to the register under this section, the Registrar may require any of the provisions of this Act or any regulations made under this Act, being provisions with which the company had
failed to comply before it was removed from the register, to be complied with.
[Issue 10] C35 – 190
Revised Laws of Mauritius
(6) The Court may, on the application of the Registrar or the applicant,
give such directions or make such orders as may be necessary or desirable
for the purpose of placing a company that is restored to the register under
this section, and any other persons, as nearly as possible in the same position as if the company had not been removed from the register.
(7) Nothing in this section shall limit or affect section 320.
[S. 319 amended by s. 7 (j) of Act 14 of 2009; s. 5 (m) of Act 27 of 2012 w.e.f.
22 December 2012; s. 13 (q) of Act 11 of 2018 w.e.f. 9 August 2018.]
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Questions this section answers
- How do I apply to the Registrar to have my struck-off company restored to the register?
- How much public notice does the Registrar give before restoring a company to the register?