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Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2017

Ministry of Corporate Affairs(MCA) Notification dated the 12th April, 2017

G.S.R ..... (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 to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, namely-

1. (1) These rules may be called the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2017,
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, (hereinafter referred to as principal rules), in rule 7, in sub-rule (1), after the proviso, the following proviso shall be inserted, namely:-


"Provided further that the publication of notice under clause (iii) of this sub-rule, in respect of cases falling under sub-section (1) of section 248 shall be in Form No. STK 5A.".

3. In the principal rules, after the Form STK-5, the following Form shall be inserted, namely:- 

"FORM No. STK - 5A
PUBLIC NOTICE
[Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and second proviso to rule 7(1) of the Companies (Removal of Names 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)

Public Notice No.-------------                                                           Date:------------
Reference:

In the matter of striking off names of companies under section 248(1) of the Companies Act, 2013, of the companies as per details below:-

1. Notice is hereby given that the Registrar of Companies has a reasonable cause to believe that, the companies, whose name are listed on the ________ (provide web link of the page on Ministry's website where the names are listed),-

(i) have not commenced business within one year of their in operation, OR
(ii) have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under section 455 of the Companies Act, 2013.

[strike off whichever is not applicable]

And, therefore, proposes to remove/strike off the names of the above mentioned companies from the register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of such notice.

2. Any person objecting to the proposed removal/striking off of name of the companies from the register of companies may send his objection to the office address mentioned hereabove within thirty days from the date of publication of this notice.

Registrar of Companies".


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 26th December, 2016.



(THE HINDI VERSION OF THE ABOVE RULES IS AVAILABLE HERE - LINK)

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