Section 4 in The Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
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 Form STK-2 along with the fee of [ten thousand rupees:Provided that no application in 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 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 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 Form No. STK-2.] [Substituted 'five thousand rupees' by Notification No. G.S.R. 350(E), dated 8.5.2019 (w.e.f. 26.12.2016).](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 Form STK 2 shall be accompanied by -(i)indemnity bond duly notarized by every director in Form STK 3;(ii)a statement of accounts [in Form No. STK-8] [Inserted by Notification No. G.S.R. 350(E), dated 8.5.2019 (w.e.f. 26.12.2016).] 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.
