Sections 248, 249, 250, 251 & 252 read with Companies (Removal of Names of Companies from Register of Companies) Rules, 2016

Contents

1. Removal of Name on suo-motu basis2. Application for removal of name 3. Manner of filing of Application4. Form to be certified5. Manner of publication of notice6. In case of Foreign national or NRIs7. Notice of striking off and dissolution of Company8. Application or forms pending under old act9. Restrictions on Making Application Under Section

24810.Effect of Company Notified as Dissolved 11. Fraudulent Application for Removal of Name.12. Appeal to Tribunal13. Comparision Section 560 of Companies Act, 1956

AND Chapter 18 (Section 248-252) of Company Act, 2013

Sections Purpose

Section 248 Power of Registrar to Remove Name of Company from Register of Companies

Section 249 Restrictions on Making Application Under Section 248  in Certain Situations

Section 250 Effect of Company Notified as Dissolved

Section 251 Fraudulent Application for Removal of Name

Section 252 Appeal to Tribunal.

REMOVAL OF NAME ON SUO-MOTU BASIS (SECTION 248(1))

In terms of Section 248(1)

Power of ROC to remove name from Register of Companies

GROUNDS OF REMOVAL (SECTION 248 (1))

“Reasonable Cause”

Failed to

Business within

Of Incorporation

Not carrying on business/ operation for continuous period of

Not made application for obtaining status as

Not Applicable to: (Rule

3(1))

Call for info & conduct inquiries or scrutiny is pending by Registrar u/s 206, 207, 208

Any officer in default & compounding application pending

Delisted due to non-compliance

Form STK-1

OR

Registrar -To all Directors at addresses available on

record

ReasonsSeek representationsCopies of relevant documents, if any

Rule 3 (2) , (3):

Application for removal of name (Section 248(2) and Rule 4)

Form STK-2In terms of Section 248(2)

Reserve Bank of India

Housing Finance Bank

Insurance Regulatory

Development Authority

Indemnity Bond in Form STK-3

Individually or Collectively by every director

In form Form STK-4

by every director

Not older than 30 days & certified by

CA Certified by each director

STK-2 shall be

accompanied by (Rule 4

(3))

Statement of Pending

Litigation, if any

Copy of Special Resolution

Manner of filing of Application (Rule 5)

Form STK-2 Digitally Signed by a Director duly authorized by the Board

Form to be certified (Rule 6)

CMAIn Practice

OR OR

If Director not having registered DSC, physical copy of form duly filled in shall be signed manually & shall be attached with Form STK-2.

u/s 248(2)

Manner of publication of notice (Rule 7)

Section 248(2)

Section 248(1) Form STK-5Form STK-6

1.MCA2.Official Gazette3.Newspaper4.Intimate to the

concerned authorities (Income tax/Central excise/Service tax) for objections

Place on the Website of Company, if anyTill disposal of application

In case of Foreign national or NRIs(Rule 8)

Indemnity Bond & Declaration

Appostilised

Consularised

OR

Notice of striking off and dissolution of Company (Rule 9)

Section 248(5) Form STK-7

APPLICATION OR FORMS PENDING (RULE 10)

shall be disposed in accordance

with Companies Act, 1956

Pending proceeding or Form FTE

filed withOR

Restrictions on Making Application Under Section-248 (2)  in Certain Situations (Section 249(1))

If in Last

Section 249

from 1 state to another

SECTION 249(2) IFu/s

248(2)

Rs. 1 Lakh

SECTION 249(3)

ORas soon as conditions under sub-section (1) are brought to his notice

of Sec 249(1)

EFFECT OF COMPANY NOTIFIED AS DISSOLVED (SECTION 250)

From date of notice in Official

Gazette u/s 248(5)

Cease to operate as

a Company

Where a company stands dissolved under section 248

Except

Realizing amount due

Discharge of liability or obligation

FRAUDULENT APPLICATION FOR REMOVAL OF NAME.    (SECTION 251(1))

has made with object

evading

OR

persons in charge

To

AND

u/s 248(2)

Punishable for fraud u/s 447

Deceive creditor

Person incurred loss

SECTION 251(2)Without

prejudice to the

provisions contained in sub-section

(1) of section 251

Registrar can also recommend of the persons responsible for the filing of an

application under section 248 (2)

APPEAL TO TRIBUNAL (SECTION 252(1),(2))To

Any person aggrieved by

orderFrom date of Order

Before passing order

TRIBUNAL MAY ORDERRegistrar shall issue

Company file order with ROC in 30 days

SECTION 252(3) Member, Creditor

To

From the date of

publication of

Notice in official Gazette

u/s 248(5)Registrar shall issue

If satisfies may order restoration

DIFFERENCES BETWEEN OLD

AND NEW PROVISIONS

Under Section 560 of Companies Act, 1956

Under Section 248-252 of Companies Act, 2013 read with Removal of Names of Companies from Register of Companies) Rules, 2016

Reasonable clause has not been defined.

Reasonable clause has been defined.

Notice shall be sent twice by registrar to Company for striking off.

Notice shall be sent only once by registrar to Company for striking off.

No such provision of shareholder resolution.

Pass a Special Resolution and make an application to ROC for striking off its name from Register.

Company/ member/ creditor can make application for restoration within 20 years .

Any person can make application for restoration within 3 years of striking off.

Company/ member/ creditor/ workman also can apply for restoration before the expiry of twenty years.

…continued

No such provision. Publication of notice on website, till the disposal of application

…continued

TEAMMANOGNYA

NIMISHASURBHI

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