Section: 248(1) of Companies Act, 2013 read with Rule: 4 of Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 as amended by Companies (Removal of names of Company from Register of Company) Amendment Rules, 2019 Effective from 10th Day of May, 2019
Forms: STK-2, STK-4, STK-7, STK-8
STK- 2: Application by company to ROC for removing its name from register of Companies.
STK-4: Affidavit by every directors of the company.
STK-7: Notice under sub-section (5) of section 248 of striking off and dissolution of company.
STK-8: Statement of Accounts.
Where the Registrar has reasonable cause to believe that—
1. An application for removal of name of the company under sub-section (2) of section 248 shall be made in Form STK-2 along with the fee of five thousand rupees (Note-1).
2. Every application under sub-rule (1) shall accompany a NOC from appropriate Regulatory Authority concerned.
3. The application in Form STK 2 shall be accompanied by –
I. Indemnity bond duly notarized by every director in Form STK 3;
II. A statement of accounts containing assets and liabilities of the company made up to a day, not more than thirty days before the date of application and certified by a Chartered Accountant (Note-2);
III. An affidavit in Form STK 4 by every director of the company;
IV. A copy of the special resolution duly certified by each of the directors of the company or consent of seventy five per cent of the members of the company in terms of paid up share capital as on the date of application;
V. A statement regarding pending litigations, if any, involving the company.
◊ Application U/s 248(2) filled after initiation of action U/s 248(1):
Company needs to fulfill all pending compliances.