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Union of India - Section

Section 10 in The Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016

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 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 (1 of 1956).
Form No. STK 1Notice by Registrar forremoval of name of a company from the register of companies[Pursuant tosub-section (1) of section 248 of the Companies Act, 2013 and rule 3of the Companies(Removal of Names of Companies from the Registerof Companies) Rules, 2016]----------------------------------------------------------------------Government of IndiaMinistry of Corporate AffairsOffice of the Registrar of Companies, ........ (State)(Address of ROC){|
Letter No.--------------- Dated:-------------
  Reference:
In the matter of M/s --------------------------------- In thematter of Companies Act, 2013
To,
..................
..................
(1) Pursuant to sub-sections (1) and (2) of Section 248 of theCompanies Act, 2013, notice is hereby given that as per availablerecord :-
the companyhas failed to commence its business within one year of itsincorporation; or
the companyis not carrying on any business or operation for a period of twoimmediately preceding financial years and has not made anyapplication within such period for obtaining the status of adormant company under section 455.
the companyhas filed an application under sub-section (2) of section 248 forremoving the name from the register of companies on the groundsmentioned in sub-section (1) of section 248.
(tickwhichever is applicable)
(2) Therefore, on the basis of aforesaid ground(s), I intendto remove the name of company from the register of companies andrequest you to send your representation along with copies of therelevant documents, if any, within thirty days from the date ofreceipt of this notice.
(3) Unless a cause to the contrary is shown within the timeperiod above mentioned, the name of the above mentioned companyshall be liable to be removed from the register of companies.However, the directors of the company shall be liable forappropriate action under the Act.
Registrar of Companies
To
The Company/ All Directors
Mailing address as per record available inRegistrar of Companies Office
Copy to all directors : [in case the notice issued to thecompany only]
|}
{|
FormNo. STK-2[Pursuant to Section 248(2) of Companies Act, 2013 and Rule 4(1) of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016]   Application by company to ROC for removing its name from register of companies
  Form languageEnglishHindi
  Refer the instruction kit for filing the form
1. (a) *Corporate identity number (CIN) of the company  
  (b) Global location number (GLN) of the company {|
 
|}
2. (a) Name of the company {|
 
|-|| (b) Address of registered office of the company|-||
 
|-|| (c) email id of the company|
 
|}
  (d) Date of incorporation of the company {|
 
|}
3. (a) *Whether the company is listed or not YesNo
  (b) *Whether the company has been delisted YesNo
  (If yes, attach a copy of relevant order for delisting fromthe concerned stock exchange)
*4. Whether the company's activities is/ are regulated by aSectoral Regulator like RBI, SEBI, IRDAI etc. under a special ActYesNo
  (a) If Yes, specify Name of the regulator
  {|
 
|}
  (b) Registration Number {|
 
|}
  (c) Date of approval of regulatory body {|
 
|}
5. *Whether special resolution is passed for removal of name YesNo {|
 
|}
  (a) *Specify the date of passing the resolution
  (b) *If No, whether consent of seventy-five percent members interms of paid-up share capital has been obtained and attachedYesNo
6. (a) *Brief description of main objects of the company as per Memorandum of Association (MOA)
  {|
 
|-|| (b) *Brief description of main business last carried out by the company|-||
 
|}
7. Details of director(s), Managing Director, manager, secretary, CEO or CFO of the company
  Number of director(s), Managing Director, manager, secretary, CEO or CFO
  (In case of director or Managing Director, enter Director identification number (DIN). Otherwise provide Income-tax permanent account number (Income-tax PAN) or passport number)
{|
*DIN orIncome-tax PANPassport number {|
 
||}
* Designation {|
 
|}
* Name {|
 
|}
* Present residential address
Line I {|
 
|}
Line II {|
 
|}
City {|
 
| State|
 
| ISO country code|
 
|}
Country {|
 
| Pin code|
 
|}|}
8. (a) *Whether there are litigation(s) pending against orinvolving the company or any of its directors
  YesNo
  (b) *Details in respect of pending litigation
  (In case of more than one litigation, attach a separate sheetgiving 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|
 
|}
9. I,* _________________________ son/ daughter of___________________________ MD/Director of hereby make thisapplication for removing the name of the company from theregister of companies under section 248 of the Act and declarethat:
  (i) I have been authorized by the Board of Directors’resolution No*.............. dated* ......... to sign and submitthis application for removal of name of the company from theregister of companies;
  (ii) The application has been in accordance with theconditions mentioned under sub-section (1) and (2) of section 248and sub-section (1) of section 249;
  (iii) There is no inspection or investigation ordered andcarried out or yet to be carried out or being carried out againstthe company and where inspection or investigation have beencarried out, no prosecution is pending in any court arising outof such inspection or investigation;
  (iv) The company is neither having any public deposits whichare outstanding nor the company is in default in its repayment orinterest thereon;
  (v) The company does not have any outstanding loans, securedor unsecured;
  (vi) The company does not have any dues towards income tax,VAT, excise duty, service tax or any other tax or duty, bywhatever name called, payable to the Central or any StateGovernment, statutory authority or local authority;
  (vii) All the other liabilities of the company have beensettled or discharged or extinguished;
  (viii) All the requirements of the Act and rules madethereunder relating to removing the name of the company from theregister of companies and matters incidental or supplementalthereto have been complied with;
  (ix) To the best of my knowledge and belief, the informationgiven in this application and its attachments is correct andcomplete;
  (x) the requisite fee has been paid.
10. I/ We understand that I/ We shall be liable for punishment asprovided under section 251 of the Companies Act, 2013 if theapplication is found to be fraudulent at any stage within themeaning of section 251 read with sections 248 and 249 of theCompanies Act, 2013.
Attachments
  List ofattachments
      {|
 
|-| 1.| * A statement of accounts showing the assets and liabilitiesof the Company made up to a day, not more than thirty days beforethe date of application and certified by a Chartered Accountant;||-| 2.| * Copy of Board resolution authorizing the filing of thisapplication;|||-| 3.| * Copy of special resolution passed or copies of consentobtained under sub-section (2) of section 248, as applicable;|||-| 4.| * Indemnity bonds [to be given individually or collectively bythe director(s)] in Form No. STK-3;|||-| 5.| * Affidavit in Form No. STK-4|||-| 6.| Copy of order of the concerned regulatory authority, if any,approving the filing of this application;|||-| 7.| Copy of relevant order for delisting, if any, from theconcerned Stock Exchange;|||-| 8.| Other attachments as per applicable Rule;|||-| 9.| Optional attachment(s), if any.|||-|||||}
To be digitally signed by  
   
*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||}
Certificate by practicing professional
I declare that I have been duly engaged for thepurpose of certification of this form. It is hereby certifiedthat I have gone through the provisions of the Companies Act,2013 and Rules thereunder relevant to this form and I haveverified the above particulars (including attachment(s)) from theoriginal records maintained by the Company/ applicant which issubject matter of this form and found them to be true, correctand complete and no information material to this form has beensuppressed.
To be digitally signed by
Chartered accountant (in whole-time practice) or
Cost accountant (in whole-time practice) or
Company secretary (in whole-time practice)
Whether associatge or fellowAssociateFellow
Membership numberCertificate of practice number
Note : Attention is also drawn to provision of section 448 which provides for punishment for false statement and certification.
 
For office use only:      
eForm Service request number (SRN)   eForm filing date   (DD/MM/YYYY)
Digital signature of the authorising officer      
This e-Form is hereby approved        
This e-Form is hereby rejected      
Date of signing   (DD/MM/YYYY)    
|}
{|
Form No. STK - 3
Indemnity Bond
(To be drawn on Stamp Paper of appropriate value)
(to be given individually or collectively byevery director)
[Pursuant to clause (i) of sub-rule (3) ofrule 4 of the Companies (Removal of Names of Companies from theRegister of Companies) Rules, 2016]
To,
The Registrar of Companies,
1. I/ We, the Director(s) of ...........................(mention name of the Company), incorporated on........................ under the Companies Act, 2013 orCompanies Act, 1956 having its registered office at........................ do hereby declare that:
(i) I/ We............................ S/o/D/o/W/o Shri. ................am/are Director(s) of this Company.
(ii) That I/We have made an affidavit confirming that the company does nothave any assets and liabilities as on date.
(iii)Further, the Company has been inoperative from the date of itsincorporation/The Company commenced business/ operations/commercial activity after incorporation but has been inoperativefor the past .................... year(s) (strike out whicheveris not applicable). Thus the Company is defunct and I request theRegistrar of Companies,.................. to strike off the nameof the Company from the register of companies under Section 248of the Companies Act, 2013.
2. I/ We do hereby undertake to indemnify : -
(i) theclaimants for all lawful claims against the company arising infuture after the striking off the name of the Company.
(ii) anyperson for any losses that may arise pursuant to striking off thename of the Company.
(iii) theclaimants for all lawful claims and liabilities, which have notcome to our notice up to this stage, and if any claim arises orobserved even after the name of the Company has been struck offin terms of Section 248 of the Companies Act, 2013.
Place :
Date :
(Name, Father's name, Address and Signature)
(To be given by every Director)
Witnesses :
1. Signature :
Name :
Father'sname :
Address :
Occupation :
2. Signature :
Name :
Father'sname :
Address :
Occupation :
|}
{|
Form No. STK -4
Affidavit
(to be given individually by every Director)
[Pursuant to sub section (2) of section 248read with clause (iii) of sub-rule (3) of Rule 4]
----------------------------------------------------------------------
1. I/ We ................ Director of...................(hereinafter called “the Company”), incorporated on................. under the Companies Act, 2013 or the CompaniesAct, 1956 having its registered office at......................and having CIN ............... do solemnly affirm and state asunder:
(i) I/ We................. S/o / D/o Shri/Smt................ Holder ofDIN/Income Tax PAN/Passport number ....................... (copyof Income Tax PAN/Passport duly attested by a Gazetted Officer ora whole time practicing professional viz CharteredAccountant/Company Secretary/Cost Accountant) am Director of theCompany stated above since.......... (mention date ofappointment).
(ii) Mypresent residential address is......................... (copy ofdocumentary evidence duly attested by a Gazetted Officer or awhole time practicing professional viz CharteredAccountant/Company Secretary/Cost Accountant) is enclosed(Alternatively, an affidavit sworn before Magistrate may beenclosed).
(iii) Mypermanent address is................................. (copy ofdocumentary evidence duly attested by a Gazetted Officer or awhole time practicing professional viz CharteredAccountant/Company Secretary/Cost Accountant) is enclosed(Alternatively, an affidavit sworn before Magistrate may beenclosed).
(iv) TheCompany does not maintain any bank account as on date.
(v) TheCompany ..................... (mention name of the Company) doesnot have any assets and liabilities as on date.
(vi) TheCompany has been inoperative from the date of itsincorporation/The Company commenced business/operations/commercial activity after incorporation but has been inoperativefor the past .................... year(s) due to followingreasons............ (give the reasons here).
(vii) As ondate, the Company does not have any dues towards Income Tax/SalesTax/Central Excise/Banks and Financial Institutions; and otherCentral or State Government Departments/Authorities or any LocalAuthorities.
2. I further affirm that –
(i) No inquiry, technical scrutiny, inspection orinvestigation is ordered or pending against the company;
(ii) No prosecution or any compounding application for anyoffence under the Act or under any of the other Acts is pendingagainst the company or against the undersigned;
(iii) The company is neither listed nor delisted fornon-compliance of listing agreement;
(iv) The company is not a company incorporated for charitablepurposes under section 8 of the Companies Act, 2013 or section 25of the Companies Act, 1956;
(v) The company does not have any management disputes or thereis no litigation pending with regard to management orshareholding of the company;
(vi) No order is in operation staying filing of the documentsby a court or tribunal or any other competent authority;
(vii) The company is not prevented from making theapplications for strike off as mentioned in section 249 of theAct.(viii) [ The company has fulfilled all pending compliances, if any [Applicable in case an application under sub-section (2) of section 248 has been filed after the initiation of action under sub-section (1) of section 248] [Inserted by Notification No. G.S.R. 350(E), dated 8.5.2019 (w.e.f. 26.12.2016).].
I solemnly state that the contents of this affidavit are trueto the best of my knowledge and belief and that it concealsnothing and that no part of it is false.
Signature : ______________________
(Deponent)
Verification:-
I verify that the contents of this affidavit are true to thebest of my knowledge and belief.
Place:
Signature : ______________________
(Deponent)
Date:
Note : Attention is also drawn to provisions of section 449which provide for punishment for false evidence.
|}
{|
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 theCompanies(Removal of Names of Companies from the Register ofCompanies) Rules, 2016]
----------------------------------------------------------------------
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies
(Address of RoC)
Public Notice No.--------------- Date:------------
Reference:
In the matter of striking off of companies under section 248(1) of the Companies Act, 2013, of M/s._____________, M/s.___________, M/s_______
1. Notice is hereby given that the Registrar of Companies hasa reasonable cause to believe that -
(i) Thefollowing companies have not commenced business within one yearof their incorporation.
M/s__________________________(indicate names of companies)
M/s__________________________
(ii) Thefollowing companies have not been carrying on any business oroperation for a period of two immediately preceding financialyears and have not made any application within such period forobtaining the status of dormant company under section 455.
M/s._____________________________
M/s._____________________________ (indicate name of companies)
And, therefore, proposes to remove/strike off the names of theabove mentioned companies from the register of companies anddissolve them unless a cause is shown to the contrary, withinthirty days from the date of this notice.
2. Any person objecting to the proposed removal/striking offof name of the companies from the register of companies may sendhis/her objection to the office address mentioned hereabovewithin thirty days from the date of publication of this notice.
Registrar of Companies
|}
[Form No. STK - 5A] [Inserted by Notification No. G.S.R. 355(E), dated 12.4.2017 (w.e.f. 26.12.2016).]
Public Notice
[Pursuant to sub-section (1) and sub-section (4)of section 248 of the Companies Act, 2013 and second proviso torule 7(1) of the Companies (Removal of Names of Companies fromthe Register of Companies) Rules, 2016]
----------------------------------------------------------------------
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies
(Address of RoC)
Public Notice No. --------------- Date : -----------------
Reference:
In the matter of striking off names of companiesunder section 248 (1) of the Companies Act, 2013, of thecompanies as per details below:-
1. Notice is hereby given that the Registrar ofCompanies has a reasonable cause to believe that, the companies,whose names are listed on the _________ (provide web link of thepage on Ministry's website where the names are listed),-
(i) have not commenced business within one year of theirincorporation; Or
(ii) have not been carrying on any business or operation for aperiod of two immediately preceding financial years and have notmade any application within such period for obtaining the statusof dormant company under section 455 of the Companies Act, 2013.
[Strike offwhichever is not applicable]
And, therefore, proposes to remove/ strike offthe names of the above mentioned companies from the register ofcompanies and dissolve them unless a cause is shown to thecontrary, within thirty days from the date of such notice.
2. Any person objecting to the proposedremoval/striking off of name of the companies from the registerof companies may send his objection to the office addressmentioned hereabove within thirty days from the date ofpublication of this notice.
Registrar of Companies
{|
Form No. STK –6
Public Notice
[Pursuant to sub-section (2) and sub-section(4) of section 248 of the Companies Act, 2013 and rule 7 of theCompanies(Removal of Names of Companies from the Register ofCompanies) Rules, 2016]
----------------------------------------------------------------------
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies
(Address of RoC)
Public Notice No.--------------- Date:------------
Reference:
In the matter of striking off or removal of names of companiesunder section 248 (2) of the Companies Act, 2013 in respect of :
1.M/s._____________,
2. M/s._____________,
3.M/s______________
Notice is hereby given that the Registrar of Companies hadreceived applications from the above mentioned companies undersection 248(2) of the Companies Act, 2013 for removal ofits/their name (s) from the register of companies either on theground that they have failed to commence business within one yearof their incorporation or on the ground that the company (ies)is/are not carrying on any business or operation for a period oftwo immediately preceding financial years and has/have not madeany application (s) within such period for obtaining the statusof a dormant company under section 455 of the Companies Act, 2013or the company(ies) have obtained the status of dormant company,but it/they do not wish to continue its/their registration ascompanies and have, therefore, requested for removal/strike offof its/their names from the register of companies.
(2) Accordingly, the Registrar of Companies proposes to removeor strike off the names of the above mentioned companies from theRegister of Companies.
(3) Any person objecting to the proposed removal or strikingoff of name of the companies from the register of companies maysend his or her objection to the office address mentioned hereabove within thirty days from the date of publication of thisnotice.
Registrar of Companies
|}
{|
Form No. STK -7
Notice of Striking off and Dissolution
[Pursuant to sub-section (5) of section 248 ofthe Companies Act, 2013 and rule 9 of the Companies (Removal ofNames 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)
Dated:------------
Reference:
In the matter of Companies Act, 2013 and of M/s-------------------------------------------, CIN ----------------
This is with respect to this Office's Notice No. _______ dated_______ application (Form STK 2) dated ------------- vide SRN........................... and notice in form STK 5 issued ondated ____________. Notice is hereby published that pursuant tosub-section (5) of Section 248 of the Companies Act, 2013 thename of M/s----------------------- has this day of....................... been struck off the register of companiesand the said Company is dissolved.
Registrar of Companies
Registrar of Companies/ Additional Registrar ofCompanies/ Joint Registrar ofCompanies/ Deputy Registrar ofCompanies/ Assistant Registrar of Companies
________________________________________________________________________________________________________
Mailing Address of the company as per record available inRegistrar of Companies office:
M/s ------------------------------------
|}[Form No. STK-8] [Inserted by Notification No. G.S.R. 350(E), dated 8.5.2019 (w.e.f. 26.12.2016).][See rule 4(3)(ii)]Statement of Account
Name of the Company: CIN No.  
Statement of Account as on date:Particulars : (Briefbreak up in respect of each item needs to be given).   {|
Amount (Rs.)
 
|-| I. Sources of Funds|||-| (1) Capital
(2)Reserves andSurplus (including balance in Profit and Loss Account)
(3)Loan Funds|| {||-||-||-||}|-||-||-| Secured loans fromFinancial Institutions| {||-|||-||-||-||-||-|||-|||}|-| Secured loans fromBanks|-| Secured loans fromGovt.|-| Others Secured loans|-| Debentures|-| Unsecured Loans|-| Deposits and interestthereon|-|||
 
 
 
 
 
 
|-| Total Loan Funds||-| Total of (1) to (3)||-| II. Application ofFunds||-| (1) Fixed Assets||-| (2) Investments|||-| (3) (i) CurrentAssets, loans and Advances| {||-||-||-||-||}||-| Less : (ii) CurrentLiabilities and provisions||-| Creditors||-| Unpaid Dividend||-| Payables|||-| Others|||-||||-| Total CurrentLiabilities and provisionsNet Current assets (i– ii)|| {||-||-||-||}|-||-| (4) Miscellaneousexpenditure to the extent notwritten off oradjusted||-||-| (5) Profit and LossAccount (Debit balance)|||-| Total of 1 to 5|| {||-||-||}|-| Date :Place:||-||-| Name and Signature of(Managing Director)*||-| Name and Signature
(Secretary)*
||-| Name and Signature of
(Directors)|
|-| * Applicable only ifthere is MD/Secretary||-| Duly certified byChartered Accountant in whole time practice.||-| MembershipNo/Certificate of Practice Number with seal.||}