valid as on 27/05/2024

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

4. Application for removal of name of company.— An application for removal of name of the company under sub-section (2) of section 248 shall be made to the Registrar, Centre for Processing Accelerated Corporate Exit in along with the fee of ten thousand rupees.

An application for removal of name of the company under sub-section (2) of section 248 shall be made in Form STK-2 along with the fee of ten thousand rupees. 

the company shall not file an application unless it has filed overdue financial statements under section 137 and overdue annual returns under section 92, 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 the application after the action under sub-section (1) of section 248 has been initiated by the Registrar, it shall file all pending financial statements under section 137 and all pending annual returns under section 92, before filing the application:

once notice under sub-section (5) of section 248 has been issued by the Registrar for publication pursuant to the action initiated under sub-section (1) of section 248, a company shall not be allowed to file the application under this sub-rule.

no application in 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 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 :

once notice in 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

(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 ;

in case of a ─

(a) Government company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments; or

(b) subsidiary of a Government company, referred to in clause (a), in which the entire paid up share capital is held by that Government company, a duly notarised indemnity bond in Form STK-3A shall be given by an authorised representative, not below the rank of Under Secretary or its equivalent, in the administrative Ministry or Department of the Government of India or the State Government, as the case may be, on behalf of the company;

(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;

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.

The Registrar, Centre for Processing Accelerated Corporate Exit established under sub-section (1) of section 396, shall be the Registrar of Companies for the purposes of exercising functional jurisdiction of processing and disposal of applications made in and all matters related thereto under section 248 having territorial jurisdiction all over India.

(a) Where the Registrar, on examining the application made in , finds that it is necessary to call for further information or finds such application or any document annexed therewith is defective or incomplete in any respect, he shall inform to the applicant to remove the defects and re-submit the complete Form within fifteen days from the date of such information, failing which the Registrar shall treat the Form as invalid in the electronic record, and shall inform the applicant, accordingly.

(b) After the re-submission of the Form or document, if the Registrar finds that the Form or document is defective or incomplete in any respect, he shall give further time of fifteen days to remove such defects or complete the Form, failing which the Registrar shall treat the Form as invalid in the electronic record and shall inform the applicant, accordingly.

(c) Any re-submission of the application in made prior to the commencement of the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 shall not be counted for the purposes of reckoning the maximum number of re-submissions of such Form.

Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here.
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here
Omitted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here.
 Inserted vide MCA Notification dated 10.05.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2023. To view the Notification, Click Here.
 Inserted vide MCA Notification dated 10.05.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2023. To view the Notification, Click Here.
 Inserted vide MCA Notification dated 10.05.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2023. 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.
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. 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.
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. 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.
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here
To view the return,Click Here
Inserted vide Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020 dated 29.06.2020. To view the notification, Click Here and to view the Return in form STK 3A, 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
Omitted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here.
Inserted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here.
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here
Inserted vide Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 dated 09.06.2022. To view the notification, Click Here
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here
  1. Substituted vide MCA Notification dated 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. To view the Notification, Click Here. To view the return, Click Here.
  2. To view the return,Click Here

Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020 dated 29.06.2020


MCA Notification 10.05.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2023


MCA Notification 17.04.2023 regarding Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023


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


The Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 dated 09.06.2022


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 3A – Indemnity Bond notified on 29.06.2020


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.

Form STK 7- Notice of striking off and Dissolution


Form STK-2 – Substituted vide MCA Notification dated 17.04.2023


Form STK-7 – Substituted vide MCA Notification dated 17.04.2023


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