The Registrar of Companies across India have initiated the action as the stage two against the non working companies for striking off of all such companies (under Section 248(1) of the Companies Act, 2013. Public Notice in Form No. STK — 5, Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016).

How many companies received the notice for striking off ?

Notices has been issue by the Registrar of Companies, Delhi to 31,250 Companies. Registrar of Companies, proposes to remove/strike off the names of the 31,250 companies from the Register of companies and dissolve them.

Which all companies received the notice for striking off ?

Companies which have not filed financial statement for a period of two immediately preceding financial year are non-working/ non-operational Company.

Within what time period to one can send objection to ROC against notice for striking off?

It can be done by sending his/her objection to the office address of ROC within thirty days from the date of publication of this notice.

Points to be considered before filing Reply to ROC Notice?

What  action to taken now by Companies who received notice for striking off?

1. Wishes to continue with the Company

In this situation, the Directors should file all the pending Form AOC-4 and MGT-7 along with the representation letter to the Registrar within one month from the date of issue of such notice. The Registrar may on due satisfaction not strike off the name of the Company.

2. Does not wish to continue with the Company

In this situation, the partners should file all the pending Form AOC-4 and Form MGT-7 along with representation letter and the requisite strike off forms with the Registrar along with the fees and penalty within one month from the date of issues of such notice. The Registrar may on due satisfaction strike off the name of the Company from its Register.

 What will happen if one does not reply to ROC Notice for striking off ?

1. Name of Company shall be removed from the record of ROC.

2. Bank account of Company shall be ceased.

3. Directors of Company shall be disqualified.

4. DIN of Directors shall be ceased.

5. Directors shall not be allowed to continue as directors in other companies.

6. Directors shall be personally liable for all the statutory and other liabilities of Company.

7. Directors shall be liable for penalties, punishment or prosecution for non-compliances under the Act.

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One Comment

  1. Giles Fernandes says:

    Good day,
    I had invested with a company for a residential project in India and share certificate worth 50 lakhs was issued in May of 2013. In 2014 the project was cancelled and since there has been no update or action by the company.

    Kindly advise if its possible to recover my funds and what would be the procedure.

    Thank you

    Giles

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