Analysis of Companies (Removal of Names of Companies from Register of Companies) Amendment Rules, 2022

Companies (Removal of Names of Companies from Register of Companies) Amendment Rules, 2022

Applicability: Companies filing Form STK-2 on or after June 9, 2022.

Effective Date: June 9, 2022

Summary of the Notification:

The MCA has inserted sub-rule (4) in Rule 4 after sub-rule (3) of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016:

Rule 4:- Application for removal of name of Company:

Vide this notification, the MCA has prescribed the number of resubmissions allowed (i.e., 2 resubmissions) along with the period within which resubmission is to be made by the concerned companies when they are in the process of voluntary strike off. The MCA has also revised the formats of Form STK-1, STK-5 & STK-5A.

The amendment is summarized as follows:-

i. Upon examination of form STK-2, if it is found necessary by the concerned ROC to call for further information or if the application or any document is incomplete or defective, he shall inform the applicant to remove such defects;

ii. the applicant has to resubmit the form within 15 days from the date of such information;

iii. after the re-submission of the form, if the ROC finds that the form/ document is defective or incomplete in any respect, he shall give further time of 15 days to remove such defects;

iv. in both the resubmissions, any failure to resubmit the form within 15 days shall make the application invalid;

v. any re-submission of the application in form STK-2 made prior to the commencement of these rules shall not be counted for the purposes of reckoning the maximum number of re-submissions.

Link of Notification : Companies (Removal of Names of Companies from Register of Companies) Amendment Rules, 2022