Amendments under Companies Act 2013 for Extension of Reserved Names By CS Shaffy Mehta


  1. MCA prescribes the format of indemnity bond for application for striking off name of a Government Company
Ministry of Corporate Affairs vide notification dated 29th June, 2020 has amended the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 to provide a new format of indemnity bond in Form STK-3A in case of application for striking off name by a Government Company:

  1. 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
  2. subsidiary of a Government company, referred to in clause (a), in which the entire paid up share capital is held by that Government company,
The Indemnity Bond shall be duly notarised and 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.
 
Format of Form STK-3A
 
"Form No. STK - 3A

Indemnity Bond

(To be drawn on Stamp Paper of appropriate value)

(To be given by the Authorised Representative of the administrative Ministry /Department)

[Pursuant to the proviso to clause (i) of sub-rule (3) of rule 4 of the Companies
(Removal of Names of Companies from the Register of Companies) Rules, 2016]
 
To,
The Registrar of Companies,

I, the authorised representative* of the ____________________(name of the administrative Ministry/Department) for the ________________(mention name of the Government company), incorporated ________________on under the Companies Act, 2013 or Companies Act, 1956 having its registered office at. _________________, do hereby declare that the Government of India/State (name of the State to be mentioned in case the administrative Ministry/Department belongs to a State) hereby undertakes to indemnify: -
  • the claimants for all lawful claims against the company arising in future after the striking off the name of the company; -.
  • any person for any losses that may arise pursuant to striking off the name of the company;
  • the claimants for all lawful claims and liabilities, which have not come to notice up to this stage, and if any claim arises or observed even after the name of the company has been struck off in terms of section 248 of the Companies Act, 2013.
 
 
Place:
Date:
 
Signature:
Official Seal:
Name, Father's name, Address and Designation:
  1. MCA further allows extension for reserved names and filing of e-verification report in IEPF
Due to Covid-19 outbreak, looking at present scenario and lockdown being imposed MCA has further extended the date for reserved names for Companies and LLP along with filing of e-verification report in IEPF

Names reserved for 20 days for new company incorporation
 
Names reserved for 90 days for new LLP incorporation/change of name.
Names expiring any day between 15th March 2020 to 31st July would be extended by 20 days beyond 31st July 2020.
Names reserved for 60 days for change of name of company.
Names expiring any day between 15th March 2020 to 31st July would be extended by 60 days beyond 31st July 2020.
Extension of RSUB validity for companies/LLPs
SRNs where last date of Resubmission (RSUB) falls between 15th March 2020 to 31st July 2020, additional 15 days beyond 31st July 2020 would be allowed. However, for SRNs already marked under NTBR, extension would be provided on case to case basis.
 
Note: Forms will not get marked to (Not to be taken on Record)’NTBR’ due to non-resubmission during this extended period as detailed above.
 
It also includes IEPF Non-STP eForms ( IEPF3, IEPF-5 and IEPF-7)in case of Companies
Extension for marking IEPF-5 SRNs to ‘Pending for Rejection u/r 7(3)’ and ‘Pending for Rejection u/r 7(7)’
SRNs where last date of filing eVerification Report (for both Normal as well as Resubmission filing) falls between 15th March 2020 to 31st July 2020, would be allowed to file the form till 30th Sep 2020.

However, for SRNs already marked under ‘Pending for Rejection u/r 7(3)’ and ‘Pending for Rejection u/r 7(7)’, extension would be provided on case to case basis.
 
Note: Status of IEPF-5 SRN will not change to ‘Pending for Rejection u/r 7(3)’ and ‘Pending for rejection u/r 7(7)’ till 30th Sep’20.

Click here to download the full notification

Click here to read the disclaimer


Write a Comment