The Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules 2014, may be called Companies (Incorporation) Third Amendment Rules 2022. They shall come into force from 18/08/2022.
In the Companies (Incorporation) Rules 2014, after Rule 25A, the following rule shall be inserted, namely:-
Rule 25B, PHYSICAL VERIFICATION OF REGISTERED OFFICE OF COMPANY:-
The Registrar, based upon information or documents made available on MCA 21 shall visit at address of Registered office of the company. And may cause physical verification of said registered office for the purpose of sub section 9 of section 12.
If Registered office of the company is found to be not capable of receiving and acknowledging all communications and notices, the registrar shall send a notice to the company and all the directors of the company of his intention to remove name of company from the registrar of companies and requesting them to send their representations along with copies of relevant documents within period of 30 days from the date of notice before taking action u/s 248.
And due to above notification made by Central Government hereby amended the companies (Removal Of Name Of Companies from the Registrar of Companies) Rules 2016 :-
In form STK-1 in paragraph (1) for the brackets and words (tick whichever is applicable) the following shall be substituted namely:-
(a)“ The company is not carrying on any business or operations as revealed after the physical verification carried our under sub section (9) of section 12.
(b) in form STK-5, in paragraph 1, after sub paragraph (iii) and before the long line the following shall be inserted namely:-
The following companies are not carrying on any business or operations as revealed after the physical verification carried our under sub section (9) of section 12.
M/s …………….. (Name of companies)
(c ) In Form No. STK-5A in paragraph 1 for the paragraph 1, for the brackets and words (Strike off whichever is not applicable) the following shall be substituted namely:-
(iv) are not carrying on any business or operations as revealed after the physical verification carried our under sub section (9) of section 12
(Strike off whichever is not applicable)
is it for newly incorporated companies or applicable on all existing company also?