MCA Updates Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020.

Rule NoCompanies (Removal of Names of Companies from the Register of Companies) Rules, 2016Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020Comments
Rule 4 Application for removal of name of company. —sub rule (3) clause (i)indemnity bond duly notarised by every director in Form STK 3;  indemnity bond duly notarised by every director in Form STK 3;   “Provided that in case of a – (a) Government company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments; or(b) subsidiary of a Government company, referred to in clause (a), in which the entire paid up share capital is held by that Government company, a duly notarised indemnity bond in Form STK-3A shall be given by an authorised representative, not below the rank of Under Secretary or its equivalent, in the administrative Ministry or Department of the Government of India or the State Government, as the case may be, on behalf of the company;”New provision is inserted. In case of Government Company in which entire paid up share  capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State or its subsidiary a notarisation of  indemnity bond in Form STK-3A shall be by authorised representative not below the rank of Under Secretary or its equivalent, in the administrative Ministry or Department of the Government of India or the State Government, as the case may be, on behalf of the company.
Rule 4 Application for removal of name of company. —sub rule (3) clause (iv)a copy of the special resolution duly certified by each of the directors of the company or consent of seventy five per cent  of the members of the company in terms of paid up share capital as on the date of application;a copy of the special resolution duly certified by each of the directors of the company or consent of seventy five per cent  of the members of the company in terms of paid up share capital as on the date of application; “or by an authorised representative of administrative Ministry /Department in Form No. STK – 3AIn the list of attachment of Form STK 2 addition is  by an authorised representative of administrative Ministry /Department in Form No. STK – 3A

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