The Ministry of Corporate Affairs (MCA) has issued the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019.
Following changes have been brought by the amendment:
- STK-2 Fee Increased: Form STK-2 is required for the winding up of a company and to voluntarily remove its name from the Register of Companies. Filing fee in respect of Form STK 2 has been increased from Rs. 5000 to Rs. 10000.
- Filing of AOC-4 or AOC-4 XBRL and MGT-7 made mandatory: Application in Form No. STK 2 can only be filed after filing of overdue returns in Form No. AOC-4 (Financial statement) or AOC-4 XBRL, as the case may be. Form No. MGT 7 (Annual Return), upto the end of the financial year in which the company ceased to carry its business operations is required to file.
- Procedure of filing in case of action under Section 248(1): In case a company intends to file Form No. STK-2 after the action under sub-section (1) of section 248 has been initiated by the Registrar, it shall file all pending overdue returns in Form No. AOC-4 (Financial statement) or AOC4 XBRL, as the case may be, and Form No. MGT-7 (Annual Return). But once notice in Form No. STK-7 has been issued by Registrar, company shall not be allowed to file an application in Form No. STK-2.
- Form STK-8 introduced: As per Rule 3, application in Form STK 2 is required to be accompanied by a statement of accounts containing assets and liabilities of the company. This statement shall now be in
Form STK-8. - Change in Form STK-4: In the affidavit format, ie Form No. STK-4 in serial Number 2, after item (vii), the following item has been inserted, namely:-
“(viii) The company has fulfilled all pending compliances, if any [Applicable in case an application under sub-section (2) of section 248 has been filed after the initiation of action under sub-section (1) of section 248].
These rules would come into effect from 10th of May, 2019.
Click here to see amended rules.
