Form STK-2, application by company for removing its name from register of companies is likely to be made available w.e.f 5th April 2017.
MCA has informed that e-Form STK-2 related to Application for Removal of Company Name is under development and the same shall be deployed soon. It may be noted that MCA has commenced provisions of Sec. 248 to 252 of the Companies Act, 2013 reg. removal of names of companies w.e.f. 26 Dec. 2016.
Following are the few important rules of such Notified Rules.
Removal of name of company from Register by ROC on sue-moto basis.
ROC may remove Company’s name from Register on sue-moto pursuant to Section 248(1) of Companies Act, 2013.
Application for removal of name of company
- An application can be made by Company for removing its name from Register under Section 248(2) of the Act by submitting Form STK-2 along with Fees of Rs 5,000/-.
- Such application shall be accompanied by following documents:-
- Indemnity Bond duly notarised by every Director of the company in Form STK-3
- Statement of Accounts certified by Chartered Accountant
- An Affidavit from every Director of the company in Form STK-4
- Special Resolution duly signed by all the Directors of the company or consent of 75% of shareholder as on date of application
- Statement regarding pending litigations, if any, involving Company
- Form STK-2 shall be signed by Director duly authorised by the board of Directors.
- Form STK-2 shall be certified by CA/CS/CWA in practice
- The notice under sub-section (1) or sub-section (2) of section 248 to be published by MCA shall be in Form STK 5 or STK 6 respectively. Company shall also be required to place the application on its website till its disposal.
- Rules has specifically mentioned that in case of Foreign National / NRI, Indemnity Bond and declaration shall be notarised or apostilled or consularised.
- Notice of striking-off shall be given by ROC in Form STK-7.
- Any application or pending 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.