MCA Amends Strike-off of Rules

Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022

Ministry of Corporate Affairs (MCA) vide circular / notification dated 09th June, 2022 has issued “Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022” further to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, in exercise of the powers conferred under Section 248 (1), 248(2), 248(4) read with Section 469 of the Companies Act, 2013.

  • Applicability:

From the date of their publication in the Official Gazette.

  • Key Highlights:

1. Ministry has inserted following in rule 4, after sub-rule (3):

  • “(4) (a) Where the Registrar, on examining the application made in Form STK-2, finds that it is necessary to call for further information or finds such application or any document annexed therewith is defective or incomplete in any respect, he shall inform to the applicant to remove the defects and re-submit the complete Form within fifteen days from the date of such information, failing which the Registrar shall treat the Form as invalid in the electronic record, and shall inform the applicant, accordingly.
  • (b) After the re-submission of the Form or document, if the Registrar finds that the Form or document is defective or incomplete in any respect, he shall give further time of fifteen days to remove such defects or complete the Form, failing which the Registrar shall treat the Form as invalid in the electronic record and shall inform the applicant, accordingly.
  • (c) Any re-submission of the application in Form STK-2 made prior to the commencement of the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 shall not be counted for the purposes of reckoning the maximum number of re-submissions of such Form.”.

2. Ministry has also revised MCA E – forms: Form No. STK 1, Form No. STK – 5 and Form No. STK-5A.

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