Section 349 of the Companies Act, 2013
Section 349 of the Companies Act, 2013
(Inspection, Inquiry and Investigation - Chapter XX)
📜 Section Title: Power to remove name of company from register of companies
However, Section 349 under the Companies Act, 2013 actually deals with savings for legal proceedings, not company name removal (which is covered in Sections 248–252).
🧾 Section 349: Savings of Legal Proceedings
Text of the Section:
No legal proceeding shall abate or be discontinued by reason only of the fact that the name of the company has been struck off the register under this Chapter.
✅ Key Points:
Continuation of Legal Proceedings:
If a company's name is removed from the register of companies (under Chapter XVIII), any legal case already started against or by the company will not stop just because the company’s name is struck off.
Purpose:
This prevents companies from escaping legal liability just by dissolving or being struck off the register.
Application:
Applies whether the case is civil, criminal, or under any law.
Protects creditors, employees, and other stakeholders who may have claims against the company.
🏛️ Related Sections:
Section 248 – Power of Registrar to remove name of company from register
Section 250 – Effect of company notified as dissolved
Section 352 – Preservation of books and papers of amalgamated companies
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