Form No STK-1
Notice by registrar for removal of name of a company from register of companies
[pursuant to sub-section (1) of section 24B of the companies act, 2013 and rule 3 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, BANGALORE, KARNATAKA
“KENDRIYA SADAN”, II FLOOR, E-WING, KORAMANGALA,
BANGALORE – 560034
In the matter of COMAPNY NAME …………………………… PRIVATE LIMITED and in the matter of companies act, 2013
No. STK-1/ROC(B)/Drive4/ Date: 11-11-2021
To,
……………………………………………….
…………………………………………………..
………………………………………………….
……………………………………………………….
INDIA.
- Pursuant to sub-sections (1) and (2) of section 248 of the companies act, 2013, notice is hereby given that as per available record the company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application with in such period for obtaining the status of a dormant company under section 455
- Therefore, on the basis of aforesaid ground(s), I intend to remove the name of company from the register of companies and request you to send your representation along with copies of the relevant documents, if any, within THIRTY DAYS from the date of receipt of this notice.
- As per section 137 and section 92 of the companies act, 2013, the company can file overdue documents with the Registrar by paying applicable additional fees to avoid removal of name from the Registry by the Registrar of Companies. However the proof of filing should be submitted to the Registrar with a representation for not considering for striking off action.
- Unless a cause to the contrary is shown within the time-period above mentioned the name of the above-mentioned company shall be liable to be removed from the the register of companies.
- As per Section 164(2)(a) r/w 167(1) of the Companies Act 2013 if there is default in non-filing of balance sheet and/or annual return for a continuous period of 3 years, all the directors will be disqualified for a period of 5 years and will not be able to get re-appointed in the defaulting company and shall vacate office in all other companies in which they are holding directorship and their DIN will be marked as “Disqualified”.
ASST. REGISTRAR OF COMPANIES
Now a days most of the private limited companies which are inactive means not filed their Balance sheet and Profit and loss account with ROC from past 3 years have started getting notices in physical form to the registered office address assuming such companies as Dormant companies. If No response is received within 30 days from the date of receipt of letter ROC will strike-off the company from the list of master date of the companies.
If you
(i) Striking off by Registrar on his own motion
To strike a company off the Register of Companies under section 560, by the Registrar of his own motion, the
following procedure is followed:
(1) Letter of enquiry: Where the Registrar has reasonable cause to believe that a company is not carrying on
business or in operation; he shall send to the company by post a letter inquiring whether the company is carrying
on business or in operation. The company should be given one month time to reply.
(2) Notice threatening striking-off: If the Registrar does not within one month of sending the letter mentioned
above receive any answer thereto, send to the company second letter referring to the first letter, and stating that –
– No answer to the first letter has been received; and
– If an answer is not received to the second letter within one month from the date thereof, a notice will be
published in the Official Gazette with a view to striking the name of the company off the register.
This second letter should be sent within fourteen days after the expiry of one month after sending the first letter
and it should be sent by registered post.
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