Provisions applicable:
Section 248 of Companies Act, 2013 & Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.
Power to Whom:
Registrar of Companies.
*Note- Format of Form STK-3 & STK-4 given below.
Form No. STK – 3
INDEMNITY BOND
[Pursuant to clause (i) of sub-rule (3) of rule 4 of the Companies (Removal of Names of
Companies from the Register of Companies) Rules, 2016]
To
The Registrar of Companies,
1. We, the directors of M/S. _______________ Private Limited, incorporated on ___________ under the Companies Act, 1956/2013, having its Registered Office at ________________ do hereby declare that:
1. We ____________________, S/o ___________________, ______________, S/o ____________ and ___________, S/o ______________ are the Directors of this company.
2. That I/We have made an affidavit confirming that the company does not have any assets and liabilities as on date.
3. Further, The company has suspend its business activities from last three years and the company is not intending to do any business or commercial activity. Thus the Company is defunct and I request the Registrar of Companies, U.P. to strike off the name of the Company from the register of companies under Section 248 of the Companies Act, 2013.
2. We do hereby undertake and indemnify:
1. the claimants for all lawful claims against the company arising in future after the striking off the name of the Company.
2. any person for any losses that may arise pursuant to striking off the name of the Company.
3. III. the claimants for all lawful claims and liabilities, which have not come to our notice up to this stage, and if any claim arises or observed even after the name of the Company has been struck off in terms of Section 248 of the Companies Act, 2013.
Place: _____________
Date: + _______________
Witnesses
Signature ……………………………………….
Name …………………………………………………..
Address ……………………………………….
DIRECTOR:
Signature ……………………………………….
Name …………………………………………….
Father’s name …………………………………
Address ……………………………………….
FORM No. STK -4
AFFIDAVIT
[Pursuant to sub section (2) of section 248 read with clause (iii) of sub-rule (3) of Rule 4]
1. I, ________________, Director of _____________, (hereinafter called “the Company”), incorporated on ___________ under the Companies Act, 1956, having its Registered Office at _____________ and having CIN _______________ do solemnly affirm and state as under:
(i) I _____________, S/o Mr. __________________, having DIN _______________ am Director of the company stated above since ____________________
(ii) My present residential address is _____________________.
(iii) My permanent address is __________________________.
(iv) The company does not maintain any Bank Account as on date
(v) The Company ________________ does not have any assets and liabilities as __________________. (As per annexed statement of account Annexure-C).
(vi) The Company commenced business after incorporation but has been inoperative.
-
- There is no specific business presently adopted by the company and therefore company is inoperative and is not been able to generate the revenue to run the company.
(vii) As on date, the Company does not have any dues towards Income Tax / Sales Tax
/ Central Excise/ Banks and Financial Institutions; any other Central or State Government Departments/Authorities or any Local Authorities.
2. I further affirm that:-
(i) No enquiry, technical scrutiny, inspection or investigation is ordered or pending against the company.
(ii) No prosecution or any compounding application for any offence under the Act or under any of the other Acts is pending against the company or against the
(iii) The company is neither listed nor delisted for non-compliance of listing agreement.
(iv) The company is not a company incorporated for charitable purposes under section 8 of the Companies Act, 2013 or section 25 of the Companies Act, 1956.
(v) The company does not have any management disputes or there is no litigation pending with regard to management or shareholding of the company.
(vi) No order is in operation staying filing of the documents by a Court or tribunal or any other competent authority.
(vii) The company is not prevented from making the applications for strike off as
mentioned in section 249 of the Act.
I solemnly state that the contents of the affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.
Signature ________________
(Deponent)
Verification:-
I verify that the contents of this affidavit are true to the best of my knowledge and belief.
Signature _____________
(Deponent)
Place: New Delhi
Date: ___________________
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