The Ministry of Corporate Affairs Introduced Amendment Rules regarding Closer of Companies under Section 248 wide Notification dated 08th May, 2019.
(1)These rules may be called the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019'
(2) They shall come into force with effect from 10h May, 2019’
In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 (hereinafter referred to as the principal rules), in rule 4,- (a) in sub-rule (1), for the words "five thousand rupees", the following shall be Substituted, namely:- "Ten thousand rupees:
It means from 10th May, 2019 fees for filing form STK-2 will be 10,000 instead of 5,000.
Provided that no application in Form No 'STK.2 shall be filed by a company unless it has filed overdue returns in Form No. AOC4 (Financial statement) or AOC4 XBRL, as the case may be, and Form No. MGT-7 (Annual Return), up to the end of the financial year in which the company ceased to carry its business operations:
It means now Company must have filed Annual Filing forms up to the end of Financial year in which Company ceased to carry on business.
Provided further that 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) before filing Form No. STK-2
Provided also that once notice in Form No' STK-7 has been issued by the Registrar Pursuant to the action initiated under sub-section (1) of Section 248, a company shall not be allowed to file an application in Form No' STK-2'
(b) In sub-rule (3), in clause (ii), after the words, "statement of Accounts” the words, letters, and figures "in Form No. STK-8" shall be inserted'
(3) In the Annexure to the principal rules,-
(a) in Form No. STK-4, in serial Number 2, after the item (vii), the following item shall be 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].
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