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What is the procedure to be followed by ROC for strike off by its own motion?

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What is the procedure to be followed by ROC for strike off by its own motion?
posted Sep 25, 2017 by Prajwal C.m.

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The ROC has to follow the following procedures for strike off by its own motion:

a) Serving of Notice: ROC shall sent a notice in writing in Form STK - 1 to all the directors of the company at the addresses available on record, by registered post with acknowledgement due or by speed post. The notice shall:

  • contain the reasons on which the name of the company is to be removed; and

  • seek representations, if any, against the proposed action from the company and its Directors along with the copies of relevant documents, if any, within a period of thirty days from the date of the notice.

b) Representation of Company: The ROC shall consider the representation of the Company if it has received the same. If the ROC is not satisfied with the representation made by the company and its directors, it may proceed further for the strike off the name of company.

c) Publication of notice: the notice for removal of name under sub-section (1) of section 248 shall be in Form STK 5 and the same be –

  • placed on the official website of the MCA on a separate link established on such website in this regard;

  • published in the Official Gazette;

  • published in english language in a leading english newspaper and at least once in vernacular language in a leading vernacular language newspaper, both having wide circulation in the State in which the registered office of the company is situated.

d) Intimation to regulatory authorities: The ROC shall simultaneously intimate the concerned regulatory authorities regulating the company, viz, the Income-tax authorities, central excise authorities and service-tax authorities having jurisdiction over the company, about the proposed action of removal or striking off the names of such companies and seek objections, if any, to be furnished within 30 days of notice.

e) Strike off the name and publish notice of dissolution of the company: in accordance with sub – section (5) of section 248, the ROC may, at the expiry of the time mentioned in the notice, unless cause to the contrary is shown by the company, strike off its name from the register of companies, and publish notice thereof in the Official Gazette. The company shall stand dissolved on the publication of this notice in the Official Gazette.

f) Sufficient provision has been made for realization of all amounts due: ROC, before striking off, shall satisfy itself that sufficient provision has been made for realization of all amounts due to the company and for the payment or discharging of its liabilities.

answer Oct 5, 2017 by Sumeet Vyas
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