CS Shubham Shukla

Removal of names of companies from register – section 248 of companies act, 2013

MCA vide its notification on 26th December’ 2016 has notified section 248,249,250,251 & 252 of Companies Act, 2013 which deals with the removal of names of companies.

MCA Has appointed 26/12/2016 as effective date for section 248 to 252.

Accordingly procedure for application of closure of defunct company under Fast Track Exit (FTE) Scheme  is expected to be ceased and to be replaced by new rules which has been notified by MCA on 27/12/2016.

Following are some of the glimpses….

1. Removal of name of company from Register by ROC on sue-moto basis.

ROC may remove Company’s name from Register on sue-moto pursuant to Section 248(1) of Companies Act, 2013.

2. Application for removal of name of company

An application can be made by Company for removing its name from Register under Section 248(2) of the Act by submitting Form STK-2 along with Fees of Rs 5,000. Such application shall be accompanied by following documents

– Indemnity Bond from Director in Form STK-3

– Statement of Accounts certified by CA

– An Affidavit from Director in Form STK-4

– Special Resolution duly signed by Every Director

– Statement regarding pending litigations, if any, involving Company

3. Form STK-2 shall be signed by Director digitally.

4. Form STK-2 shall be certified by CA/CS/CWA in practice

5. The notice under sub-section (1) or sub-section (2) of section 248 to be published by MCA shall be in Form STK 5 or STK 6. Company shall also be required to place application on its website till its disposal.

6. Rules has specifically mentioned that, in case of Foreign National / NRI, Indemnity Bond and declaration shall be notarised or apostilled or consularised.

7. Notice of striking off shall be given by ROC in STK-7.

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September 2021