MCA notifies amendment in striking off a Company

Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. (First Amendment):

The Ministry of Corporate Affairs (MCA) has recently made significant changes to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. On 17th April, 2023, the MCA has issued a notification vide G.S.R. 298 (E) to amend such rules in relation to striking off a Company’s name from the Register of Companies.

For a better understanding, the MCA revised the Companies (Removal of Names of Companies from the Register of Companies) Rules 2016 with the amended Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023. These rules will be effective from May 1, 2023.

As per the above stated notification, following major changes will be effective from May 1, 2023 with respect to the process of striking off of the Companies from Register of the Companies:

• Revised Form No. STK-2 must be submitted online to the Registrar at the Centre for Processing Accelerated Corporate Exit (C-PACE) in order to make a request for the removal of a company's name from the Register of Companies.

• An application must be submitted along with fees of Rs 10,000. 

• In addition, Rule 3A which establishes the Centre for Processing Accelerated Corporate Exit (C-PACE) as the Registrar of Companies for the purpose of handling and disposing of applications made in Form STK-2 and all the matters related thereto under Section 248 with territorial jurisdiction over the whole of India.

The following STK Forms will be revised with the new format and will be effective on MCA V3 Portal:

1.Form No. STK-2: The Form is required to be filed for the application by company to ROC for removing its name from register of companies along with fees of Rs.10,000/- .

2.Form No. STK-6: The ROC/C-PACE issues Public Notice regarding proposal to remove Company’s name from the Register of the Companies and inviting any objections from the general public/stakeholders in Form STK-6. Once, STK-2 as stated above is submitted by a Company, ROC will publish the Public Notice using the STK-6 Form on the MCA website. Furthermore, the notice must be published at least once in both the English and vernacular language Newspaper. Anyone who has objections regarding such removal of company’s name from the Register of the Companies, can send the objections in writing to the office address mentioned in Form STK-6 within 30 Days from the date of publication of such notice.

3.Form No. STK-7: The ROC/C-PACE publishes Notice of Striking Off and Dissolution along with date of effect of such striking off, CIN of the Company, Company Name, STK-6 Notice No and date in The Official Gazette in Form STK 7 after expiry of 30 days of the Public Notice issued in Form No. STK-6. 

For more details, refer below link; 

https://www.mca.gov.in/bin/dms/getdocument?mds=aXFM3x3zIHizG%252Bdju1LKvQ%253D%253D&type=open 

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