TaxTMI 
TaxTMI 
Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
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....ions used in these rules but not defined and defined in the Act or in the Companies (Specification of Definitions Details) Rules, 2014, shall have the same meanings respectively assigned to them in the Act or in the said rules. 3. Removal of name of company from the Register on suo-motu basis.- (1) The Registrar of Companies may remove the name of a company from the register of companies in terms of sub-section (1) of section 248 of the Act: Provided that following categories of companies shall not be removed from the register of companies under this rule and rule 4, namely:- (i) listed companies; (ii) companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws; (iii) vanishing companies; (iv) companies where inspection or investigation is ordered and being carried out or actions on such order are yet to be taken up or were completed but prosecutions arising out of such inspection or investigation are pending in the Court; (v) companies where notices under section 234 of the Companies Act, 1956 (1 of 1956) or section 206 or section 207 of the Act have been issued by the Registrar or Inspector a....
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....ng 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 Form STK 2 shall be accompanied by - (i) indemnity bond duly notarised by every director in Form STK 3; ....
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....e furnished within a period of thirty days from the date of issue of the letter of intimation and if no objections are received within thirty days from the respective authority, it shall be presumed that they have no objections to the proposed action of striking off or removal of name. 8. Manner of notarisation, appostilisation or consularisation of indemnity bond and declaration in case of foreign nationals or non-resident Indians:- For the purposes of these rules, if the person is a foreign national or non-resident Indian, the indemnity bond, and declaration shall be notarised or appostilised or consularised. 9. Notice of striking off and dissolution of company. - The Registrar shall cause a notice under subsection (5) of section 248 of striking off the name of the company from the register of companies and its dissolution to be published in the Official Gazette in Form STK 7 and the same shall also be placed on the official website of the Ministry of Corporate Affairs. 10. Applications or forms pending before Central Government. - Any application or pending proceeding for striking off or Form-FTE filed with the Registrar of Companies prior to the commencement of these r....
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..... the company has filed an application under sub-section (2) of section 248 for removing the name from the register of companies on the grounds mentioned in sub-section (1) of section 248. (tick whichever is applicable) Therefore, on the basis of aforesaid ground(s), I intend to remove the name of company from the register of companies and request you to send your representation along with copies of the relevant documents, if any, within thirty days from the date of receipt of this notice. Unless a cause to the contrary is shown within the time period above mentioned, the name of the above mentioned company shall be liable to be removed from the register of companies. However, the directors of the company shall be liable for appropriate action under the Act. To The Company/All Directors Registrar of Companies Mailing address as per record available in Registrar of Companies Office Copy to all directors: [in case the notice issued to the company only] 18 THE GAZETTE OF INDIA: EXTRAORDINARY FORM NO. STK-2 [Pursuant to Section 248(2) of Companies Act, 2013 and Rule 4(1) of the Companies (Removal of Names of Companies fr....
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....s o Yes ο Îο (b) Details in respect of pending litigation (In case of more than one litigation, attach a separate sheet giving particulars for all such litigations) (i) Act under which litigation is pending (ii) Name of the authority before which it is pending (iii) Case number (iv) Subject matter 20 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] 9. I,* son/daughter of _MD/Director of hereby make this application for removing the name of the company from the register of companies under section 248 of the Act and declare that: 10. ....dated*. (i) I have been authorized by the Board of Directors' resolution No*. this application for removal of name of the company from the register of companies; to sign and submit (ii) The application has been in accordance with the conditions mentioned under sub-section (1) and (2) of section 248 and sub-section (1) of section 249; (iii) There is no inspection or investigation ordered and carried out or yet to be carried out or being carried out against the company and where inspection or investigation have been carried out, no prosecution is pending in any c....
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.... Rule; 9. Optional attachment(s), if any. To be digitally signed by DSC BOX *Designation *Director identification number of the director; or DIN or PAN of the manager or CEO or CFO; or Membership number of the Company secretary Attach Attach Remove attachments Certificate by practicing professional I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and Rules thereunder relevant to this form and I have verified the above particulars (including attachment(s)) from the original records maintained by the Company/applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. To be digitally signed by ã…ã…ã… Chartered accountant (in whole-time practice) or Cost accountant (in whole-time practice) or Company secretary (in whole-time practice) DSC BOX Whether associate or fellow Membership number Associate â—‡ Fellow (Radio Button) Certificate of practice number 21 ....
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....p 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. WITNESSES: 1. 2. Name: Father's name: Address: Occupation: Name: Father's name: Address: Occupation: Signature: Signature: (Name, Father's name, Address and Signature) (To be given by every Director) 24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] 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] Director of...... 1. I/ We. incorporated on having its registered office at.. affirm and state as under: (hereinafter called "the Company"), under the Companies Act, 2013 or the Companies Act, 1956 and having CIN ........ do solemnly (i) I/ We (ii) S/o / D/o Shri/Smt..... PAN/Passport number Holder of DIN/Income Tax (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 Dir....
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....shareholding of the company; No order is in operation staying filing of the documents by a court or tribunal or any other competent authority; 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 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. Verification:- Signature:_ (Deponent) I verify that the contents of this affidavit are true to the best of my knowledge and belief. Place: Date: Signature_ (Deponent) Note: Attention is also drawn to provisions of section 449 which provide for punishment for false evidence. 26 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] FORM No. STK - 5 PUBLIC NOTICE [Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016] GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Office of the Registrar Of Companies (Address of RoC) Public Notice No.- Reference: ....
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....is/are not carrying on any business or operation for a period of two immediately preceding financial years and has/have not made any application (s) within such period for obtaining the status of a dormant company under section 455 of the Companies Act, 2013 or the company(ies) have obtained the status of dormant company, but it/they do not wish to continue its/their registration as companies and have, therefore, requested for removal/strike off of its/their names from the register of companies. (2) Accordingly, the Registrar of Companies proposes to remove or strike off the names of the above mentioned companies from the Register of Companies. (3) Any person objecting to the proposed removal or striking off of name of the companies from the register of companies may send his or her objection to the office address mentioned here above within thirty days from the date of publication of this notice. Registrar of Companies 28 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] FORM No. STK - 7 NOTICE OF STRIKING OFF AND DISSOLUTION [Pursuant to sub-section (5) of section 248 of the Companies Act, 2013 and rule 9 of the Co....