373.
| (1) Where the Registrar has reasonable cause to believe that a company is not carrying on business or in operation, he may send to the company by post a letter inquiring whether the company is carrying on business or in operation. |
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| (2) Where the Registrar does not within one month of the date of sending the letter referred to in subsection (1) receive any answer thereto, he shall within fourteen days from the date of expiry of the said period of one month, send to the company a letter by registered post referring to the first letter, and stating that no answer thereto has been received, and that if an answer is not received to the second letter within one month from the date thereof, a notice will be published in the Gazette with a view to striking off name of the company from the register. |
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| (3) Where the Registrar, under the provisions of subsection (2), either receives an answer to the effect that the company is not carrying on business or in operation, or does not within one month after sending the second letter receive any answer, he may publish in the Gazette, and send to the company by post, a notice that at the expiration of three months from the date of that notice the name of the company specified therein will, unless cause is shown to the contrary, be struck off the register and be dissolved. |
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| (4) Where, in the winding up of a company the Registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company are fully wound up, and the returns required to be made by the liquidator under the provisions of this Act have not been made for a period of six consecutive months, the Registrar shall publish in the Gazette and send to the company or the liquidator, if any, a notice as is referred to in subsection (3). |
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| (5) Upon the expiration of the period specified in the notice given under the provisions of subsection (4), the Registrar may, unless cause to the contrary is previously shown by the company, strike off the name of the company from the register, and shall publish a notice thereof in the Gazette, and upon such publication the company shall be dissolved: |
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| (6) Where a company or any member or creditor there of is aggrieved by the company having been struck off the register, the court on an application made by the company or member or creditor, as the case may be, before the expiration of ten years from the publication in the Gazette of the notice referred to in subsection (5) may, if satisfied that the company was at the time of the striking off carrying on business or in operation, or otherwise that it is just that the name of the company be restored to the register, order the name of the company to be restored to the register, and upon a certified copy of the order being delivered to the Registrar for registration, the company shall be deemed to have continued in existence as if its name had not been struck off the register ; and the court may by such order give such directions and make such provisions as to it seems just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off the register. |
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| (7) A notice to be sent under the provisions of this section to a liquidator may be addressed to the liquidator at his last known place of business, and a letter or notice to be sent under the provisions of this section to a company may be addressed to the company at its registered office, or where no office has been registered, to the care of some officer of the company, or where there is no officer of the company whose name and address are known to the Registrar, to each of the persons who subscribed to the memorandum addressed to the Registrar at the address specified in the memorandum. |
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Sri Lanka Consolidated Acts