ICAI Announcement by CL&CGC regarding Amendment in Companies Rules, 2016

Announcement by CL&CGC regarding Amendment in Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. –

The Ministry of Corporate Affairs vide notification dated 9th June 2022 has amended the provision of the Companies ( Removal of Names of Companies from the Register of Companies ) Rules , 2016 .

Pursuant to to the the said amendment , now the Registrar may call for further information / document if the Registrar finds that the application in Form STK – 2 ( Application by Company to ROC for removing its name from Register of Companies ) is defective / incomplete in any aspect . The same shall be informed to the Registrar within 15 days from the date of seeking of information and further if after re – submission of the form or document still any further information / document is required the same shall be provided to the Registrar within further fifteen days ‘ time .

It is also to be noted that any re – submission of the application in Form STK – 2 made prior to the commencement of the aforesaid Amendment Rules , 2022 shall not be counted for the purposes of reckoning the maximum number of re – submissions of such Form .

Accordingly , post amendment the following insertions have been made in Rule 4 after sub rule 3 in the aforementioned Rule :

( 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 .

The notification dated 09th June 2022 may be referred at the link given below:
https://www.mca.gov.in/bin/dms/getdocument?mds=JkKchIdTtvq3RDH8WyFBuw%253D%2
53D&type=open

With Kind Regards,
Chairperson and Vice- Chairperson
Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India

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