MCA notifies Companies (Removal of Names of Companies from Register of Companies) Amendment Rules, 2022 and releases amended Form No. STK 1, Form No. STK – 5 and Form No. STK-5A and inserted new sub-rule (4) in Rule 3 of Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.
The MCA vide its notification dated 09th June, 2022 has notified Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 which shall come into force on the date of its publication in the Official Gazette i.e., 09th June, 2022.
In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, after Rule 4 (3) the following sub-rule shall be inserted:
“(4) (a) Where the Registrar, on examining the application made in Form STK-2, finds that it is necessary to call for further information or finds such application or any document annexed therewith is defective or incomplete in any respect, he shall inform to the applicant to remove the defects and re-submit the complete Form within fifteen days from the date of such information, failing which the Registrar shall treat the Form as invalid in the electronic record, and shall inform the applicant, accordingly.
(b) After the re-submission of the Form or document, if the Registrar finds that the Form or document is defective or incomplete in any respect, he shall give further time of fifteen days to remove such defects or complete the Form, failing which the Registrar shall treat the Form as invalid in the electronic record and shall inform the applicant, accordingly.
(c) Any re-submission of the application in Form STK-2 made prior to the commencement of the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 shall not be counted for the purposes of reckoning the maximum number of re-submissions of such Form.”
Pursuant to the said amendment, now the Registrar may call for further information/document if the Registrar finds that the application in Form STK–2 (Application by Company to ROC for removing its name from Register of Companies) is defective/incomplete in any aspect. The same shall be informed to the Registrar within 15 days from the date of seeking of information and further if after re–submission of the form or document still any further information/document is required the same shall be provided to the Registrar within further fifteen days’ time.
It is also to be noted that any re–submission of the application in Form STK–2 made prior to the commencement of the aforesaid Amendment Rules, 2022 shall not be counted for the purposes of reckoning the maximum number of re–submissions of such Form.
Comments: Vide this notification, the Ministry 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 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.
In addition to the above, forms, STK-1, STK-5 & STK-5A have also been revised.
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 9th June, 2022
G.S.R. 436(E). ─In exercise of the powers conferred by sub-sections (1), (2) and (4) of section 248 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 , namely:-
1. Short title and commencement.- (1) These rules may be called the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, –
(i) in rule 4, after sub-rule (3), the following sub-rule shall be inserted, namely:─
“(4) (a) Where the Registrar, on examining the application made in Form STK-2, finds that it is necessary to call for further information or finds such application or any document annexed therewith is defective or incomplete in any respect, he shall inform to the applicant to remove the defects and re-submit the complete Form within fifteen days from the date of such information, failing which the Registrar shall treat the Form as invalid in the electronic record, and shall inform the applicant, accordingly.
(b) After the re-submission of the Form or document, if the Registrar finds that the Form or document is defective or incomplete in any respect, he shall give further time of fifteen days to remove such defects or complete the Form, failing which the Registrar shall treat the Form as invalid in the electronic record and shall inform the applicant, accordingly.
(c) Any re-submission of the application in Form STK-2 made prior to the commencement of the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 shall not be counted for the purposes of reckoning the maximum number of re-submissions of such Form.”.
(ii) for Form No. STK 1, Form No. STK – 5 and Form No. STK-5A, the following Forms shall respectively, be substituted, namely:-
“Form No. STK-1
Notice by Registrar for removal of name of a company from the register of companies
[Pursuant to sub-section (1) of section 248 of the Companies Act, 2013 and rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016]
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
Office of the Registrar Of Companies, …….. (State)
(Address of ROC)
Letter No. ————————————– Dated:————-
Reference:
In the matter of M/s_______________ In the matter of Companies Act, 2013
To,
(1) Pursuant to sub-section (1) of section 248 of the Companies Act, 2013, notice is hereby given that as per available record,-
- the company has failed to commence its business within one year of its incorporation;
- the company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made 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 of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A.
(tick whichever is applicable)
(2) Therefore, on the basis of aforesaid ground(s), I intend to remove the name of company from the register of companies and request you to send your representation along with copies of the relevant documents, if any, within thirty days from the date of receipt of this notice.
(3) Unless a cause to the contrary is shown within the time period above mentioned, the name of the above mentioned company shall be liable to be removed from the register of companies. However, the directors of the company shall be liable for appropriate action under the Act.
Registrar of Companies
To
The Company/All Directors
Mailing address as per record available in Registrar of Companies Office
Copy to all directors : [in case the notice issued to the company only]
FORM No. STK – 5
PUBLIC NOTICE
[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]
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
Office of the Registrar Of Companies
(Address of RoC)
Public Notice No. —————————————— Date:
Reference:
In the matter of striking off of companies under section 248 (1) of the Companies Act, 2013, of M/s._________ , M/s.__________ , M/s._______
1. Notice is hereby given that the Registrar of Companies has a reasonable cause to believe that, –
(i) the following companies have not commenced business within one year of their incorporation, namely :-
M/s._________________________ (indicate names of companies);
M/s.________________________ ;
(ii) the following companies have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under section 455, namely:-
M/s._________________________ (indicate names of companies);
M/s.________________________ ;
(iii) in the following companies, the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A, namely:-
M/s.__________________________ (indicate names of companies)
M/s._________________________ ,
and, therefore, proposes to remove/strike off the names of the above mentioned companies from the register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of this notice.
2. Any person objecting to the proposed removal/striking off of name of the companies from the register of companies may send his objection to the office address mentioned here-in-above within thirty days from the date of publication of this notice.
Registrar of Companies
FORM No. STK – 5A
PUBLIC NOTICE
[Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and second proviso to rule
7(1) of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016]
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
Office of the Registrar of Companies
(Address of RoC)
Public Notice No. ——————————————— Date:
Reference:
In the matter of striking off names of companies under sub-section (1) of section 248 of the Companies Act, 2013, as per details below:—
1. Notice is hereby given that the Registrar of Companies has a reasonable cause to believe that, the companies, whose names are listed on the_________ (provide web link of the page on Ministry’s website where the names are listed),-
(i) have not commenced business within one year of their incorporation;
(ii) have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under section 455 of the Companies Act, 2013;
(iii) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A;
[Strike off whichever is not applicable]
and, therefore, proposes to remove/strike off the names of the above mentioned companies from the register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of such notice.
2. Any person objecting to the proposed removal/striking off of name of the companies from the register of companies may send his objection to the office address mentioned hereabove within thirty days from the date of publication of this notice.
Registrar of Companies .”.
[F.No.1/28/2013-CL-V(Part)]
MANOJ PANDEY, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3 of Sub-section (i) vide number G.S.R. 1174(E), dated the 26th December, 2016 and amended vide notification numbers G.S.R 355(E), dated the 12th April, 2017 , G.S.R 350(E) dated the 8th May, 2019 and G.S.R 420(E), dated the 29th June, 2020.
The author can also be reached at cstanveersaluja@gmail.com.
Author Bio
