Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023 - G.S.R. 298 (E) - Companies Law

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 17th April, 2023 G.S.R. 298(E). In exercise of the powers conferred by sub-sections (1), (2) and (4) of section 248 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 , namely:- 1. Short title and commencement. - (1) These rules may be called the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. (2) They shall come into force on 01st May, 2023. 2. In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 (hereafter referred to as the said rules), in rule 4 ,- (i) for sub-rule (1), following sub rule shall be substituted, namely :- (1) An application for removal of name of a company under sub-section (2) of section 248 shall be made to the Registrar, Centre for Processing Accelerated Corporate Exit in Form No. STK-2 along with fee of ten thousand rupees. ; (ii) in sub-rule (3), clause (iv) shall be omitted; (iii) after sub-rule (3) the following shall be inserted, namely :- (3A) The Registrar, Centre for Processing Accelerated Corporate Exit established under sub-section (1) of section 396, shall be the Registrar of Companies for the purposes of exercising functional jurisdiction of processing and disposal of applications made in Form No. STK-2 and all matters related thereto under section 248 having territorial jurisdiction all over India. . 3. In the said rules , for Form No. STK-2 , Form No. STK-6 and Form No. STK-7 the following Forms shall be substituted, namely:- 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 the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 ] ---------------------------------------------------------------------- GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Centre for Processing Accelerated Corporate Exit ( Address and email id of C-PACE ) Public Notice No.--------------- Date:------------ Reference: In the matter of striking off or removal of names of companies under section 248 (2) of the Companies Act, 2013 in respect of : 1. M/s._____________ [RoC ../248(2)/ ./Year] 2. M/s._____________ 3. M/s._____________ Notice is hereby given that the Registrar of Companies had received applications from the above-mentioned companies under section 248(2) of the Companies Act, 2013 for removal of its/their name (s) from the register of companies either on the ground that they have failed to commence business within one year of their incorporation or on the ground that the company(ies) is/are not carrying on any business or operation for a period of two immediately preceding financial years and has/have not made any application (s) within such period for obtaining the status of a dormant company under section 455 of the Companies Act, 2013 or the company(ies) have obtained the status of dormant company/subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under subsection (1) of section 10A/ have not been carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12, but it/they do not wish to continue its/their registration as companies and have, therefore, requested for removal/strike off of its/their names from the register of companies. (2) Accordingly, the Registrar of Companies proposes to remove or strike off the names of the above-mentioned companies from the Register of Companies. (3) Any person objecting to the proposed removal or striking off of name of the companies from the register of companies may send his or her objection to the office address mentioned here above within thirty days from the date of publication of this notice. Digital Signature Certificate Full name of the Authorising officer Registrar of Companies/Additional Registrar of Companies/Joint Registrar of Companies/Deputy Registrar of Companies/Assistant Registrar of Companies For and on behalf of the Jurisdictional Registrar of Companies Registrar of Companies Centre for Processing Accelerated Corporate Exit FORM No. STK 7 NOTICE OF STRIKING OFF AND DISSOLUTION [ Pursuant to sub-section (5) of section 248 of the Companies Act, 2013 and rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 ] Government of India Ministry of Corporate Affairs Centre for Processing Accelerated Corporate Exit/ Office of the Registrar of Companies (Address of C-PACE C-PACE/RoC ) Notice No- ---------- Date: Reference: In the matter of Companies Act, 2013 and of Companies as per list attached as Annexure A . This is with respect to this Office Notice Nos and application (Form STK 2) vide SRNs as mentioned in the Annexure- A and notice in form STK-5 issued on dated -----------. Notice is hereby published that pursuant to sub-section (5) of Section 248 of the Companies Act, 2013 the name of Companies as per list attached as per Annexure A or the name of company-----------have or has this day date been struck off from the Register of the Companies and the said Companies are dissolved. Annexure A S. No SRN of STK-2 Filing date of STK-2 CIN Company Name STK-6 Notice no. STK-6 Notice generation date Digital Signature Certificate Full name of the Authorising officer Registrar of Companies/Additional Registrar of Companies/Joint Registrar of Companies/Deputy Registrar of Companies/Assistant Registrar of Companies For and on behalf of the Jurisdictional Registrar of Companies Registrar of Companies Centre for Processing Accelerated Corporate Exit [Or] Registrar of Companies Registrar of Companies/Additional Registrar of Companies/Joint Registrar of Companies/Deputy Registrar of Companies/Assistant Registrar of Companies [F. No. 1/28/2013-CL-V(Part-III)] MANOJ PANDEY, Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3 of Sub-section (i), vide number G.S.R. 1174(E), dated the 26th December, 2016 and amended, vide notification numbers G.S.R 355 (E), dated the 12th April, 2017 , G.S.R 350 (E) dated the 8th May, 2019 , G.S.R 420(E), dated the 29th June, 2020 , G.S.R. 436(E), dated the 9th June, 2022 and G.S.R. 658 (E), dated the 24th August, 2022 .