admin April 19, 2023 0 Comments

Advocate Atharv Mundra, Advocate Sagarika Loya, FCA B.P. Mundra – NEW RULE FOR STRIKE OFF OF THE COMPANIES W.E.F; 01.05.2023

 

Friends kindly note that w.e.f; 1.5.2023 New rule for Strike off of the companies.

 

New Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, namely. To do so we need following information to prepare an application in Form No. STK-2 for removal of name of a company under sub-section (2) of section 248 shall be made to the Registrar, Centre for Processing Accelerated Corporate Exit :-

1. Fee of ten thousand rupees
2. Details required:-
   1. Corporate Identification Number (CIN)
   2. Name of the company
   3. Registered office address
   4. Email id of the company
   5. Whether notice has been received from Registrar in Form STK-1under section 248(1)
   6. Kindly mention the reasons for closure of the company
      1. Failed to commence business within one year of incorporation.
      2. Not carryingon any business or operation for a period of two immediately preceding financial years and has not mode any application within such period for obtaining the status of a dormant company under section 455

• The subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation and a declaration to this effect has not been filed within one hundred and eighty days of incorporation under sub-section (1) of section l0A

1. The company is not carrying on any business or operations as revealed after the physical verification carried out under subsection (9) of the section 12

1. If the company is listed then whether the company has been delisted
2. Ifthe company’s activities is/are regulated by a Sectoral Regulator-like RBI, SEBI, IRDAI etc. under a special Act
   1. Then kindlyspecify Name of the regulator: Reserve Bank of India/Securities and Exchange Board of India/lnsurance Regulatory and Development Authority/ Others)  If Others, please specify
   2. Date of approval of regulatory body (DD/MM/YYYY)
3. Kindy pass aspecial resolution for removal of name so that the same may be  filed with MCA. We need to file SRN no. along with the application.
4. Kindly provide Memorandum of Association (MOA)so that we may write the Brief description of main objects of the company.
5. Kindly provide the details of director(s). Managing Director, Manager, Secretary, CEO or CFO of the company in following format

SNO

In the case of director or Managing Director, enter DIN. Otherwise, provide PAN or passport number DIN or PAN or Passport number

Name (Director (s)/ KMP(s) associated with the Company)

Designation

Present residential address Address Line I Address Line II Country Pin code Area/Locality City District State

1. Ifthere are any litigations pending against or involving the company or any of its directors kindly provide the details.
   1. Details in respect of pending litigation

Act under which litigation is pending	Name of the authority before which it is pending	Case number	Subject matter

1. Kindly note that following conditions should be satisfied :-
   1. there is no inspection or investigation ordered and carried out or yet to be carried out or being carried out against the company and where inspection or investigation have been carried out, no prosecution is pending in any courtarising out of such inspection or investigation;
   2. The company is neither having any public deposits which are outstanding nor the company is in default in its repayment or interest thereon;

• The company does not have any outstanding loans, secured or unsecured;

1. The company does not have any dues towards income tax, VAT, excise duty, GST, service tax or any other tax orduty, by whatever name called, payable to the Central or any State Government, statutory authority or local authority.
2. Allthe other liabilities of the company have been settled or discharged or extinguished;
3. All the requirements of the Act and rules made there under relating to removing the name of the company from the register of companies and matters incidental or supplemental thereto have been complied with;

• To the best of my knowledge and belief, the information given in this application and its attachments is correct and complete;
• The requisite fees would be paid;

8. Consent of seventy-five percent members in terms of paid-up share capital has been obtained.
9. A statement of accounts showing the assets and liabilities the Company made to the form in excel up to a day, not more than thirty day before the date of application in STK-8.
10. Digital signature of Director(s)
11. lndemnity bonds [to be given individually or collectively by the director(s)] in Form No. STK-3 or Indemnity bonds by an authorised representative of administrative Ministry /Department in Form No. STK – 3A (as applicable)
12. Copy of order / NoC of the concerned regulatory authority
13. Copy of relevant order for delisting, if any, from the concerned Stock Exchange
14. Affidavit in Form No. STK-4

Kindly click the link below to download the MCA Notification along with necessary forms in both English and Hindi 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023.

20230417 Companies Amendment Rules 2023