MCA 2022 Amendment to Companies (Removal of Names of Companies from ROC) Rules, 2016

The Ministry of Corporate Affairs vide its notification dated June 9, 2022 has notified an amendment to the Companies (Removal of Names of Companies from Register of Companies) Rules, 2016, (“Rules”) to take effect on the date of publication in the Official Gazette, i.e, June 9, 2022.

The Amendment has inter alia introduced a new sub-rule 4 under Rule 4 of the Rules. Rule 4 refers to the Application for removal of name of company, which is to be made in Form-STK 2 along with the fee of Rs. 10,000. As a result of this amendment of June 9, 2022, if the Registrar of Companies, upon examining of application or any document annexed therewith, finds anything to be defective or incomplete, or finds it necessary to call for further information, he shall inform the applicant to remove the defects and re-submit the form within 15 days from the date of such information. If the applicant fails to re-submit such form within the stipulated time period, the Registrar shall treat the Form as invalid in the electronic record, and shall inform the applicant accordingly. A further 15 days shall be given if the re-submission is said to be defective or incomplete as well, to submit the completed form. It also provides that any resubmission of application made prior to the commencement of these rules shall not be counted for the purpose of reckoning the maximum no. of re-submissions.

By Siddharth. V. V

The author is a student of Government Law College, Mumbai, and an intern with HS Law & Associates. Any views are his own.