Removal of name of company from the Register on suo-motu basis

Removal of name of company from the Register on suo-motu basis. – (1) The Registrar of Companies may remove the name of a company from the register of companies in terms of sub-section (1) of section 248 of the Act:

Proviso

Provided that following categories of companies shall not be removed from the register of companies under this rule and rule 4, namely:-

(i)

listed companies;

(ii)

companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws;

(iii)

vanishing companies;

(iv)

companies where inspection or investigation is ordered and being carried out or actions on such order are yet to be taken up or were completed but prosecutions arising out of such inspection or investigation are pending in the Court;

(v)

companies where notices under section 234 of the Companies Act, 1956 (1 of 1956) or section 206 or section 207 of the Act have been issued by the Registrar or Inspector and reply thereto is pending or report under section 208 has not yet been submitted or follow up of instructions on report under section 208 is pending or where any prosecution arising out of such inquiry or scrutiny, if any, is pending with the Court;

(vi)

companies against which any prosecution for an offence is pending in any court;

(vii)

companies whose application for compounding is pending before the competent authority for compounding the offences committed by the company or any of its officers in default;

(viii)

companies, which have accepted public deposits which are either outstanding or the company is in default in repayment of the same;

(ix)

companies having charges which are pending for satisfaction; and

(x)

companies registered under section 25 of the Companies Act, 1956 or section 8 of the Act.

Explanation

– For the purposes of clause (iii), the expression “vanishing company” means a company, registered under the Act or previous company law or any other law for the time being in force and listed with Stock Exchange which has failed to file its returns with the Registrar of Companies and Stock Exchange for a consecutive period of two years, and is not maintaining its registered office at the address notified with the Registrar of Companies or Stock Exchange and none of its directors are traceable.

(2)

For the purpose of sub-rule (1), the Registrar shall give a notice in writing in Form STK 1 which shall be sent to all the directors of the company at the addresses available on record, by registered post with acknowledgement due or by speed post.

(3)

The notice shall contain the reasons on which the name of the company is to be removed from the register of companies and shall seek representations, if any, against the proposed action from the company and its Directors along with the copies of relevant documents, if any, within a period of thirty days from the date of the notice.

Notes, amendments & references (3)

Form STK 1 Substituted vide Notification dated 24.08.2022. To view the return, Click Here

Substituted vide Notification dated 09.06.2022. To view the return, Click Here

To view the return, Click Here