, Companies (Removal of Names of Companies from the Registrar Of Companies) Rules, 2016 ~ CS GAURAV SHARMA

December 29, 2016

Companies (Removal of Names of Companies from the Registrar Of Companies) Rules, 2016


  1. The Ministry of Corporate Affairs vide its notification dated 26th December, 2016 has notified the Companies (Removal of Names of Companies from the Registrar Of Companies) Rules, 2016
These Rules are related to Chapter XVIII of Companies Act, 2013 i.e. Removal of Names of Companies from the Registrar of Companies

       2.These rules provide for the following:-
Rule 1.Removal of name of company from Register by ROC on suo-moto basis    
(pursuant to Section 248(1) of Companies Act, 2013)
Rule 2.Application for removal of name of company
(in e-Form STK-2 under Section 248(2) of Companies Act, 2013)
Rule 3.Manner of filing of application
(i.e. the e-Form STK-2 shall be digitally signed by the Director)
Rule 4.Form to be certified by CA/CS/CWA in practice
Rule 5.Manner of publication of notice
(as required under Section 248(1) or (2), in Form STK 5 or STK 6 respectively and shall also be placed on company’s website)
Rule 6.Manner of notarisation, appostilisation or consularisation of indemnity bond and declaration in case of Foreign nationals or non-resident Indians
Rule 7.Notice of striking off and dissolution of company by the Registrar in Form STK- 7
Rule 8.Application or forms pending before Central Government shall be disposed in accordance with rules made under the Companies Act, 2013 

The relevant rules are provided at MCA website at the link–
II. MCA Circular on Removal of names of companies from the Registrar of Companies – clarification regarding availability of Form STK-2 on MCA-21 portal
The e - Form STK-2 under the Companies (Removal of Names of Companies from the Registrar Of Companies) Rules, 2016, for making application to the Registrar of Companies for removal of name of the company from the registrar of companies, is under development.
The relevant circular is provided at MCA website at the link–

III.Commencement of Section 248-252 of Companies Act, 2013
The Ministry of Corporate Affairs vide its notification no. S.O. (E) dated26th December, 2016 has commenced the provisions of Sections 248 to 252 of the Companies Act,2013 w.r.t 
 The relevant notification is provided at MCA website at the link–

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