The following classes of company are not eligible for Voluntary Closure of Company:

  1. Listed Companies.
  2. Section 8 Company
  3. Companies having charges which are pending for satisfaction
  4. Companies whose application for Compounding is pending
  5. Companies against which any prosecution for an offence is pending in any court
  6. Vanishing Companies (A listed company which has failed to file its returns with the Registrar of Companies and Stock Exchange for a consecutive period of two years and is not maintaining its registered office at the address notified with the Registrar of Companies or Stock Exchange and none of its directors are traceable)
  7. Companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws
  8. Companies where inspection or investigation is ordered and being carried out or actions or such order are yet to be taken up or were complete but prosecutions arising out of such inspection or investigation are pending in the court.
  9. Companies which have accepted public deposits which are either outstanding or the company is in default in repayment of the same.
  10. Companies who have been issued notices under section 234 of Companies Act 1956 or under 206 or 207 of Companies Act, 2016 have been issued by the Registrar or Inspector and reply thereto is pending or report under section 208 is pending or where any prosecution arising out of such inquiry or scrutiny, if any, is pending with the court.
  11. A Company who in the previous 3 months has done any of the below-mentioned workings:
    1. Has Changed its name or,
    2. Has Shifted its registered office from one State to another;
    3. Has made a disposal for value of property or rights held by it, immediately before cessation of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business
    4. Has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement;
    5. Has made an application to the Tribunal for the sanctioning of a Compromise or Arrangement and the matter has not been finally concluded; or is being wound up under Chapter XX, whether voluntarily or by the Tribunal.