In one of the biggest crackdown on shell companies, the finance ministry has restricted directors of over 200,000 dormant companies struck off from official records from accessing their firms’ bank accounts. Names of over 2.09 lakh firms have been struck off from register of companies under section 248 of the Companies Act for reasons including not commencing operations within a year of incorporation or for not carrying out any business in the preceding two fiscal years.
The finance ministry in a release stated that directors of these firms will be able to access the bank accounts only after they get legally restored by an order of the National Company Law Tribunal and action will be taken against companies detected to have been used for money laundering and tax evasion.
The Department of Financial Services (DFS) has, through the Indian Banks’ Association (IBA), advised banks to take “immediate steps” to put restrictions on bank accounts of such “struck-off” companies. Banks have been advised to go in for enhanced diligence while dealing with companies in general and not only on “struck off” companies. DFS also cautioned banks in dealing with companies that are listed as active in RoC records, but have not been filing annual records disclosing any charge on their assets for the benefit of stakeholders.
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