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 4. Application for removal of name of company.

(1) An application for removal of name of the company under sub-section (2) of section 248 shall be made in 4[Form STK-2] along with the fee of 1[ten thousand rupees:

Provided that no application in 4[Form No. STK-2] 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:

Provided further that in case a company intends to file 4[Form No. STK-2] 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 4[Form No. STK-2]:

Provided also that once notice in Form No. STK-7 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 4[Form STK-2].]

(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 4[Form STK 2] shall be accompanied by - 

(i) indemnity bond duly notarised by every director in Form STK 3; 

3[Provided that 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 2[in Form No. STK-8]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 Form STK 4 by every director of the company; 

(iv)  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.  

 

Amendments

1.Substituted by the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019Effective from 10th May 2019

In sub rule (1),the words five thousand rupees shall be substituted.

2.Inserted by the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019 Effective from 10th May 2019

3. Inserted by the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020 Dated 29th June 2020

4. Inserted by the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020 Dated 29th June 2020

in Form STK 2, in the list of attachments, in serial number 4, at the end, the words :

 "or by an authorised representative of administrative Ministry /Department in Form No. STK - 3A".