valid as on 15/08/2019

18.1.4- Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016

4. Application for removal of name of company.—(1) An application for removal of name of the company under sub-section (2) of section 248 shall be made in along with the fee of  five thousand rupees.

no application in Form No. STK-2 shall be filed by a company unless it has filed overdue returns in Form No. AOC-4 (Financial Statement) or AOC-4 XBRL, as the case may be, and Form No. MGT-7 (Annual Return), up to the end of the financial year in which the company ceased to carry its business operations:

in case a company intends to file Form No. STK-2 after the action under sub-section (1) of section 248 has been initiated by the Registrar, it shall file all pending overdue returns in Form No. AOC-4 (Financial Statement) or AOC-4 XBRL, as the case may be, and Form No. MGT-7 (Annual Return) before filing Form No. STK-2:

once notice in Form No. STK-7 has been issued by the Registrar pursuant to the action initiated under sub-section (1) of section 248, a company shall not be allowed to file an application in Form No. STK-2.

(2) Every application under sub-rule (1) shall accompany a no objection certificate from appropriate Regulatory Authority concerned in respect of following companies, namely :-

(i) companies which have conducted or conducting non-banking financial and investment activities as referred to in the Reserve Bank of India Act, 1934 (2 of 1934) or rules and regulations thereunder;

(ii) housing finance companies as referred to in the Housing Finance Companies (National Housing Bank) Directions, 2010 issued under the National Housing Bank Act, 1987 (53 of 1987);

(iii) insurance companies as referred to in the Insurance Act, 1938 (4 of 1938) or rules and regulations thereunder;

(iv) companies in the business of capital market intermediaries as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder;

(v) companies engaged in collective investment schemes as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder;

(vi) asset management companies as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder;

(vii) any other company which is regulated under any other law for the time being in force.

(3) The application in shall be accompanied by –

(i) indemnity bond duly notarised by every director in ;

(ii) a statement of accounts containing assets and liabilities of the company made up to a day, not more than thirty days before the date of application and certified by a Chartered Accountant;

(iii) An affidavit in by every director of the company;

(iv) a copy of the special resolution duly certified by each of the directors of the company or consent of seventy five per cent of the members of the company in terms of paid up share capital as on the date of application;

(v) a statement regarding pending litigations, if any, involving the company.

To view the return,Click Here
Substituted vide the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019 dated 08.05.2019. To view the Notification, Click Here.
Substituted vide the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019 dated 08.05.2019. To view the Notification, Click Here.
Substituted vide the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019 dated 08.05.2019. To view the Notification, Click Here.
Substituted vide the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019 dated 08.05.2019. To view the Notification, Click Here.
To view the return,Click Here
To view the return,Click Here
Inserted vide the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019 dated 08.05.2019. To view the Notification, Click Here. To view the Return, Click Here.
To view the return,Click Here

The Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019 dated 08.05.2019


Form No. STK-8 – Statement of Account


Form STK 2- Application by company to ROC for removing its name from register of companies


Form STK 3- Indemnity Bond


Form STK 4- Affidavit

FORM No. STK -4

AFFIDAVIT

(to be given individually by every Director) [Pursuant to sub section (2) of section 248 read with clause (iii) of sub-rule (3) of Rule 4]

———————————————————————-

1. I/ We ……………. Director of………………. (hereinafter called “the Company”), incorporated on …………….. under the Companies Act, 2013 or the Companies Act, 1956 having its registered office at…………………. and having CIN …………… do solemnly affirm and state as under:

(i) I/ We …………….. S/o / D/o Shri/Smt……………. Holder of DIN/Income Tax PAN/Passport number ………………….. (copy of Income Tax PAN/Passport duly attested by a Gazetted Officer or a whole time practicing professional viz Chartered Accountant/Company Secretary/Cost Accountant) am Director of the Company stated above since………. (mention date of appointment).

(ii) My present residential address is……………………. (copy of documentary evidence duly attested by a Gazetted Officer or a whole time practicing professional viz Chartered Accountant/Company Secretary/Cost Accountant) is enclosed (Alternatively, an affidavit sworn before Magistrate may be enclosed).

(iii) My permanent address is…………………………… (copy of documentary evidence duly attested by a Gazetted Officer or a whole time practicing professional viz Chartered Accountant/Company Secretary/Cost Accountant) is enclosed (Alternatively, an affidavit sworn before Magistrate may be enclosed).

(iv) The Company does not maintain any bank account as on date.

(v) The Company ………………… (mention name of the Company) does not have any assets and liabilities as on date.

(vi) The Company has been inoperative from the date of its incorporation/The Company commenced business/operations/commercial activity after incorporation but has been inoperative for the past……………….. year(s) due to following reasons………… (give the reasons here).

(vii) As on date, the Company does not have any dues towards Income Tax/Sales Tax/Central Excise/Banks and Financial Institutions; and other Central or State Government Departments/Authorities or any Local Authorities.

2. I further affirm that –

(i) No inquiry, 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 undersigned;

(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.

The company has fulfilled all pending compliances, if any [Applicable in case an application under sub-section (2) of section 248 has been filed after the initiation of action under sub-section (1) of section 248].

I solemnly state that the contents of this 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.

Place:                                                                           Signature______________________ (Deponent)

Date:

Note : Attention is also drawn to provisions of section 449 which provide for punishment for false evidence.

Inserted vide the National Company Law Tribunal (Second Amendment) Rules, 2019 dated 08.05.2019. To view the Notification, Click Here.

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