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5. Certain companies not eligible.-

 

A company shall not be eligible for issuing its equity shares for listing in accordance with these rules, in case it —

 

(a) has been registered under section 8 or declared as Nidhi under section 406 of the Act;

 

(b) is a company limited by guarantee and also having share capital;

 

(c) has any outstanding deposits accepted from the public as per Chapter V of the Act and rules made thereunder;

 

(d) has a negative net worth;

 

Explanation.— For the purposes of this clause, the expression “net worth” shall have the same meaning as assigned to it under clause (57) of section 2 of the Act;

 

(e) has defaulted in payment of dues to any bank or public financial institution or non-convertible debenture holder or any other secured creditor:

 

Provided that this clause shall not apply if the company had made good the default and a period of two years had lapsed since the date of making good the default;

 

(f) has made any application for winding-up under the Act or for resolution or winding-up under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) and in case any proceedings against the company for winding-up under the Act or for resolution or winding-up under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) is pending;

 

(g) has defaulted in filing of an annual return under section 92 or financial statement under section 137 of the Act within the specified period.