WHAT IF REGISTRAR IS NOT SATISFIED AFTER PHYSICAL VERIFICATION OF REGISTERED OFFICE:
If Registrar is not satisfied that Company is not capable of receiving and acknowledging all communications and notices, Registrar shall send notice to Company and all directors for the purpose of striking off the Name of the company pursuant to Section 248 of the Companies Act, 2013, on the basis of documents and physical verification. Upon receiving notice, Company shall give representation to Registrar within 30 days along with supporting documents, after which only the Registrar shall take necessary action.
Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2022-
The MCA vide notification dated 24/08/2022 has notified Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2022,
As per this rule- 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:-
In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, –
(a) in Form No. STK-1, in paragraph (1), for the brackets and words “(tick whichever is applicable)”, the following shall be substituted, namely: –
“the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12″(tick whichever is applicable)”
(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 out under sub-section (9) of section 12-
Name of companies-
ABC Private limited,
XYZ Private limited
(c) in Form No. STK-5A, in paragraph 1, for the brackets and words “[Strike off whichever is not applicable]”, the following shall be substituted, namely: –
“Are not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12.
[Strike off whichever is not applicable]”.
Author’s Opinion-
The Central Government has therefore announced the Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2022, which amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 and give the authority to remove the name of a company from the register if he believes that the company is not conducting any business or operations based on the physical verification carried out in accordance with subsection (9) of section 12.
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