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Overdue filings shall be done before filing of application for striking off and increase in fees for filing of Form STK-2.

MCA vide notification no. F.No.1/ 28/ 2013-Cl-V(Part) dated 8th May,2019 has increased fees for filing of application for removal of name of company in Form STK-2 from Rs.5,000 to Rs.10,000.

Further it has amended the Companies (Removal of Names of Companies from the Register of Companies)Rules, 2016 providing that-

  1. In case of filing of application by the company for striking off in Form STK-2 ,it can be filed only after overdue returns in Form No. AOC-4 (Financial statement) or AOC-4 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 has been filed;
  2. In case the action under sub-section (1) of section 248 has been initiated by the Registrar, it shall file Form No. STK-2 only after all pending overdue returns in Form No. AOC-4 (Financial statement) or AOC-4 XBRL, as the case may be, and Form No. MGT-7 (Annual Return) has been filed.

Moreover 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  STK-2.

The complete content of the aforesaid notification along with other amendments is attached herewith:

Strike off rule_8th May

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eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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