THE INSTITUTE OF
Company Secretaries of India
IN PURSUIT OF PROFESSIONAL EXCELLENCE
Statutory body under an Act of Parliament
MCA: 1/11:2019
November 11, 2019
Shri Injeti Srinivas, IAS Secretary
Ministry of Corporate Affairs
Government of India
Shastrilthawan
New Delhi -110011
Subject: Removal of name of company from register of companies- Reg
Sir,
This has reference to the provisions of Section 248 of the Companies Act, 2013 in which following Clauses (d) and (e) were inserted by the Companies (Amendment) Act, 2019 –
‘248. (1) Where the Registrar has reasonable cause to believe that—
(a)…
(b)…
(c)…
(d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A; or
(e) 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.
he shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of the relevant documents, if any, within u period of thirty days from the date of the notice.
In terms of sub-section (2), on all or any of the grounds, the company also may, by following the specified procedure, file an application to the Registrar for removing the name of the company from the register of companies.
However, the stakeholders are faring problem in filing of Form STK-2 for removal of name of company on ground (d) i.e. non-filing of declaration for commencement of business under section 10A (1) after 180 days from the date of incorporation, as the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company.
The following message appears while filing the said form after completion of 180 days from Incorporation:
`Form filing is not allowed since declaration for commencement of business is not filed in form INC-20A’
Section 248(2) empowers the companies to file an application for striking off of the name of the company, on all or any of the grounds as mentioned in Section 248(1) after following the specified procedure.
In view of the above, you are kindly requested to permit filing of application by companies for removal of name of companies from register of companies on the ground of non-filing of e-Form 20A for commencement of business on the ground of non-receipt of subscribed money after 180 days of its incorporation.
We shall be pleased to provide any further information or clarification in this regard on hearing from your good self.
Thanking You,
Yours faithfully
(CS Ashok Kumar Dixit)
Officiating Secretary
