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Removal of Company Names from Registrar of Companies (STK5)

Raji M
Removal of company names from register signals scrutiny for non commencement or prolonged inactivity; check company status and related parties. Registrar of Companies notifications seek removal of names for companies that have not commenced business within one year of incorporation or have been inactive for the two immediately preceding financial years without obtaining dormant company status under section 455. The notifications target paper companies used for fraudulent purposes, give a fixed response period, and require stakeholders-vendors, customers, lenders, investors and others-to verify names and undertake due diligence, noting that lists are often published as non searchable scanned PDFs. (AI Summary)

In March and April 2017, MCA, through various ROCs, have notified the list of companies, which have been served notice for removal of names from MCA and has been provided a timeline of 30 days to respond in contrary.

Following 2 are the major criteria, based on which, scrutiny has been done by MCA:

  1. Companies which have not commenced business within one year of their incorporation.
  2. Companies which have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under section 455.

Overall, we highly recommend that all companies should verify their names, as based on our initial analysis, we found that few companies, which are regular in filing their returns to MCA, have also been listed under the notification. 

However, the % of regular filing companies are less than 1%.

This notification is aimed to remove all paper companies, which are mostly used for money laundering or other fraudulent activities. Also, we recommend, that every entity which are connected to these companies, in any of the following manner, should be more cautious and take necessary precautions to avoid any possible damage:

  1. Vendor
  2. Customers
  3. Borrower (Bank and NBFCs)
  4. Investor
  5. Any other stake holder

For details, kindly visit the following page to access the notification issued by MCA.

View or Download MCA & RoC Notifications

The problem here is, most of ROCs have published it in Scanned PDF format, where, it is difficult to search for any company, among the range 100 to 1000 pages.

Just make sure that if you are actually doing business, your company and your related parties are not getting Strike Off…!!!

#InstaFinancials #STK5

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