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Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023 – Shift of Authority to process Striking Up of Companies

The Ministry of Corporate Affairs has, vide its Notification No. dated 17th April, 2023, amended or transferred the responsibility of striking off companies from Registrar of Companies to Registrar, Centre for Processing Accelerated Corporate Exit (a.k.a. Registrar, Centre for PACE) with effect from 1st May, 2023.

According to the said notification, the Registrar, Centre for PACE [established under Section 396(1) of the Companies Act, 2013] shall be the Authority exercising functional jurisdiction of processing and disposing applications made in eForm STK-2 and all matters related thereto as mentioned under Section 248 having territorial jurisdiction all over India.

In order to bring all the eForms related to striking up off companies in line with the said notification, eForm STK-2, eForm STK-7 and eForm STK-8 has also been substituted.

The Registrar, Centre for Processing Accelerated Corporate Exit established under sub-section (1) of section 396, shall be the Registrar of Companies for the purposes of exercising functional jurisdiction of processing and disposal of applications made in Form No. STK-2 and all matters related thereto under section 248 having territorial jurisdiction all over India. Form STK-2 shall be file on MCA V3 portal w.e.f 01st May, 2023. Earlier it was an E-form, now it is a web form. Form STK-8 attached in Form STK-2 is mandatory to be sign & certify by same practicing professional and also Form STK-2 is required to be certified by another practicing professional.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION

New Delhi, the date 17th April, 2023

G.S.R.298(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, 2023.

(2) They shall come into force on 01st May, 2023.

2. In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 (hereafter referred to as the said rules), in rule 4,-

(i) for sub-rule (1), following sub-rule shall be substituted, namely :-

“(1) An application 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 in Form No. STK-2 along with fee of ten thousand rupees.”;

(ii) in sub-rule (3), clause (iv) shall be omitted;

(iii) after sub-rule (3) the following shall be inserted, namely :-

“(3A) The Registrar, Centre for Processing Accelerated Corporate Exit established under sub-section (1) of section 396, shall be the Registrar of Companies for the purposes of exercising functional jurisdiction of processing and disposal of applications made in Form No. STK-2 and all matters related thereto under section 248 having territorial jurisdiction all over India,”.

3. In the said rules, for Form No. STK-2, Form No. STK-6 and Form No. STK-7 the following Forms shall be substituted, namely:-

[F. No. 1/28/ 2013-CL-V(Part-III)]
MANOJ PANDEY, joint Secretary

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, G.S.R 420(E), dated the 29th June, 2020, G.S.R. 436(E), dated the 9th June, 2022 and G.S.R. 658(E), dated the 24th August, 2022 .

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