FAQs on Removal of Names of Companies From the Register of Companies
1. When can ROC suomoto remove the name of Company?
♠ A company which has failed to commence its business within one year of its incorporation;
♠ a company which has not obtained status of dormant is not carrying on any business or operation for a period of two immediately preceding financial years;
♠ the subscribers to the memorandum have not paid the subscription and INC 20A is not filled;
♠ the company is not carrying on any business or operations, as revealed after the physical verification carried out.
When a company which has not obtained status of dormant is not carrying on any business or operation for a period of two immediately preceding financial years, the ROC shall send a notice (in from STK 1) to the company and all the directors of the company, of its 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 a period of thirty days from the date of the notice.
2. When can Company file application for its strike off?
However, this shall not apply to Section 8 Company.
3. What shall be effect of removal of name on the left-over liabilities of Company/ Directors/ KMP/ member/ any officer if any?
4. When can Company can’t file application by itself for removal of its name from ROC?
a. has changed its name; (in the previous three months)
b. shifted its registered office from one State to another; (in the previous three months)
c. has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business; in the previous three months)
d. has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement; (in the previous three months)
e. has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded;
f. is being wound up under Companies Act, 2013 or under IBC;
g. has not filed overdue returns in Form No. AOC-4 or AOC-4 XBRL and Form No. MGT-7, up to the end of the financial year in which the company ceased to carry its business operations;
h. has not filed overdue returns in Form No. AOC-4 or AOC-4 XBRL and Form No. MGT-7, up to date of application if it has received STK 1 from ROC;
i. when STK 7 has been issued for that Company.
5. Can a Company which is strike off be restored? If yes then how?
6. Which are the Companies which ROC can’t remove the name from its Register?
[Vanishing Company means a listed Company which has failed to file its returns with the Registrar of Companies and Stock Exchange for a consecutive period of two years, and is not maintaining its registered office at the address notified with the Registrar of Companies or Stock Exchange and none of its directors are traceable.]
7. What all documents need to be attached accompanied with STK 2?
9. What is the process if Striking of the Company by Company itself?
8. What are forms under this section or as per applicable rules?
The Notice by Registrar for removal of name of a Company from the Register of Companies.
An Application by Company on suo-motto to Registrar of Companies for removing the name of the company from register of companies.
An Indemnity bond which needs to be given by every director of the company either individually or collectively while filing STK-2. This is an attachment required while filing form STK-2 under section 248 (2) with ROC.
An Affidavit which every director needs to give separately while making a strike-off application under section 248(2).
A Public Notice issued by Registrar Of companies under sub-section (1) or sub-section (2) of 248.
Notice under sub-section (5) of section 248 of striking off and dissolution of company to be published in official gazette and same shall be placed on the official website of the Ministry of Corporate Affairs.
a statement of accounts containing assets and liabilities of the company