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Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 – 09th June, 2022
Mehta & Mehta > MCA Circular > Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 – 09th June, 2022
MCA vide its notification dated 09th June, 2022, made amendments to the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. These rules may be called as Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022.
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Part/Chapter/Section /Sub-section(s) in the Companies Rules, 2016 Modifications
Part/Chapter/Section /Sub-section(s) in the Companies Rules, 2016 Modifications
Comment on the Change
1.
Sub-rule 4 is inserted under Rule 4 of Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
(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;
This amendment is applicable when an application is made for removal of name to register of companies in Form STK-2. This information gives ROC power to -Call for additional information in case the registrar finds the Form or documents submitted to be defective or incomplete. -Further, the applicant is required to re-submit the information within fifteen days to remove such defect and to complete the Form. Further, ROC can again ask for re-submission if Registrar finds the information to be defective or incomplete. Further, Form STK 1, Form STK – 5 and Form STK-5A have been substituted as provided in this notification. It is to be noted that provisions of this notification are applicable from immediate effect.
