In exercise of the powers conferred by sub-sections (1), (2) and (4) of section 248 read with section 469 of Companies Act, 2013, the Central Government made the following Rules, namely The Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.
Documents Required:
1. Memorandum and Article of Association of the Company
2. PAN of the Company as well as Directors of the Company
3. Address proof of the Directors of the Company
4. Photo of the Directors of the Company
5. Statement of Account duly Certified by Chartered Accountant
6. Indemnity Bond duly notarized by all the Directors
7. Affidavit by each of the Directors of the Company.
8. A copy of the SPECIAL Resolution duly certified by each of the Directors of the Company or Consent of 75% of the Members of the Company in terms of paid up share capital as on the date of application.8.
Manner of Filing of Application:
1. The application in Form STK 2 shall be signed by a director duly authorized by the Board in their behalf.
2. Form STK 2 shall be certified by a Chartered Accountant, Company Secretary or Cost Accountant in Practice.
3. Indemnity Bond duly notarized by every director in FORM STK 3.
4. If the person is a foreign national or non-resident Indians, The indemnity Bond and declaration shall be notarized or appostilised or Consularised.
5. An affidavit in Form STK 4 by every director of the Company.
6. Notice u/s 248(1) or (2) shall be published in Form STK 5 and STK 6.
7. Notice u/s 248 (5) of striking off shall be given by ROC in Form STK 7.
| Sr. No. | Particular | Existing Process | Proposed Process |
| 1 | Removal of Name of Company from the Register on SUO-MOTO Basis | Registrar of his own motion may strike off a Company by sending:
1. letter of enquiry 2. notice threatening striking off 3. final notice of removal |
Registrar shall give notice in writing in FORM STK 1 to all the Directors (u/s 248(1)) |
| 2 | Application for Removal of Name of Company | Application u/s 560 (3) of the Companies Act, 2013 shall be made in FORM FTE along with a fee of Rs. 5000/-. | Application u/s 248(2) of the Companies Act, 2013 shall be made in FORM STK – 2 along with a fee of Rs. 5000/-. |
| 3 | Attachments: | ||
| 1 | NOC from Appropriate Regulatory | Every Application shall accompany a NOC by Authority concerned (if Any). | Every Application shall accompany a NOC by Authority concerned (if Any). |
| 2 | Indemnity bond | An Indemnity Bond annexed at annexure –B | Duly notarized by every director in FORM STK 3 |
| 3 | Statement of Account | A Statement of Account annexed at annexure – C duly Certified by Chartered Accountants | A Statement of Account is Certified by Chartered Accountants |
| 4 | Affidavit | An affidavit annexed at annexure -A | An affidavit in Form STK 4 by every director of the Company |
| 5 | Resolution | Board Resolution | Special Resolution Certified by each of Directors of the company or consent of 75% of the Members of the Company |
| 6 | Statement of Pending litigation | The company shall disclose pending litigation (if Any) | The company shall disclose pending litigation (if Any) |
NOTE:
ANY application pending for striking off or Form FTE filed with the ROC prior to the commencement of these rules but not disposed of by such authority for want of any information or document shall, on its submission, to the satisfaction of the authority, be disposed of in accordance with the rules made under the Companies Act, 1956.
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Company became defunct during the pendency of proceedings in the arbitration can still pursue the proceedings under the companies act 2013?