Wednesday, 4 January 2017

Removal of Names of Companies from the Register of Companies





1.    



1.         Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
MCA vide its notification dated 26th December, 2016 has notified the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
These Rules are related to Chapter XVIII of Companies Act, 2013 i.e. Removal of Names of Companies from the Register of Companies
           
These Rules provide for the following:-
Sl. No.
Rule No.
Particulars
1.
Rule 1
Short, title and commencement
2.
Rule 2
Definitions-

(1) In these rules, unless the context otherwise requires, –
(a) “Act” means the Companies Act, 2013 (18 of 2013);
(b) “Form” or “e-Form” means a non-electronic form or an electronic form annexed to these rules.

(2) Words and expressions 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.
Rule 3
Removal of name of company from Register by Registrar of Companies on suo-moto basis.

Pursuant to Section 248(1) of the Companies Act, 2013
4.
Rule 4
Application for removal of name of company

(in e-Form STK-2 under Section 248(2) of Companies Act, 2013)

5.
Rule 5
Manner of filing of application

(i.e. the e-Form STK-2 shall be digitally signed by the Director)

6.
Rule 6
The Form STK-2 to be certified by CA/CS/CWA in practice

7.
Rule 7
Manner of publication of notice

(As required under Section 248(1) or (2), in Form STK 5 or
STK 6 respectively and shall also be placed on company’s website)

8.
Rule 8
Manner of notarisation, appostilisation or consularisation of indemnity bond and declaration in case of Foreign nationals or non-resident Indians

9.
Rule 9
Notice of striking off and dissolution of company shall be given by the ROC in Form STK- 7
10.
Rule 10
Any application or pending proceeding for striking off or Form-FTE filed with the Registrar of Companies prior to the commencement of these rules but not disposed of by such authority for want of any information or document shall, on its submission, to the satisfaction of the authority, be disposed of in accordance with the rules made under the Companies Act, 1956.


2.         MCA Circular No. 16/2016 on Removal of names of companies from the Register of Companies clarification regarding availability of Form STK-2 on MCA-21 portal
The  eForm STK-2 under the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, for making application to the Registrar of Companies for removal of name of the company from the register of companies, is under development.

3.         Commencement of Section 248-252 of Companies Act, 2013
The Ministry of Corporate Affairs vide its Notification no. S.O. (E) dated 26th December, 2016 has notified the following provisions of Companies Act,2013 related to Chapter XVIII of the Companies Act, 2013 i.e. Removal of Names of Companies from the Register of Companies.

Sl. No.
Section Number
Particulars
1.
Power of Registrar to Remove Name of Company from Register of Companies
2.
Restrictions on making application u/s 248 in certain situations
3.
Effect of Company notified as dissolved
4.
Fraudulent application for removal of name
5.
Appeal to Tribunal


Click to the below links for the said Rule, Circular and Notification




Readers are requested to refer to original text of the notification. All rights reserved www.nclt.in

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