MCA vide Notification No. G.S.R. 1174(E) on Monday, 26th December, 2016, has notified the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 which shall come into force on the date of publication in Official Gazette i.e. 26th December, 2016.
Key Highlights:
- Registrar may give notice to company for removal of name suo-moto in Form STK-1 with reasons u/s 248(1) and publication of said notice in Form STK-5 on MCA, Official Gazette & Newspaper.
- Application can be made by Company itself in Form STK-2 accompanied by
- Fees of Rs. 5,000/-
- Indemnity Bond in Form STK-3
- Statement of Accounts certified by CA
- Affidavit in Form STK-4
- Special Resolution signed by Every director or consent of 75% of the members in terms of paid up share capital as on the date of application
- Statement for pending litigation, if any.
ROC after following prescribed procedure i.e. publication of notice on MCA Website, Official Gazette & Newspaper, and intimating concerned regulatory authorities seeking for their objection and if no objections are received within prescribed time may take action for striking off the name of Company
- The Registrar shall cause Notice of Striking Off in Form STK-7
- Any application or pending proceeding for striking off or Form-FTE filed with the ROC prior to the commencement of these rules but not disposed off, be disposed off in accordance with the rules made under the Companies Act, 1956.
The said Rule can be accessed from the following link:Co.(RemovalOfNamesOfCompaniesfromRegisterOfCo) Rules2016_26.12.2016