Corporate Updates 29.12.2016

MCA

Ministry of Corporate Affairs (MCA) has notified Section 248, 249, 250, 251 and 252 of Companies Act, 2013 (Chapter XVIII). This chapter deals with Removal of Names of Companies from Register of Companies. MCA has appointed 26.12.2016 as effective date for Section 248 to 252 on which these Section shall come into force. This has replaced Section 560 of erstwhile Companies Act, 1956. Accordingly, procedure for application with respect to closure of defunct company under Fast Track Exit Scheme (FTE) is now ceased and replaced by new rules which has also been notified by MCA on 27th December, 2016.
  
MCA

Ministry of Corporate Affairs (MCA) has notified the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 which shall come into force from date of the publication in the Official Gazette. The concerned Registrar of Companies may remove Company's name from Register on sue-moto pursuant to Section 248(1) of Companies Act, 2013. Further, an application can be made by Company for removing its name from Register under Section 248(2) of the Act by submitting Form STK-2 alongwith Fees of Rs 5,000. Such application shall be accompanied by the prescribed documents. In case of Foreign National / NRI, Indemnity Bond and declaration shall be notarised or apostilled or consularised. Any application or pending for striking off or Form-FTE filed with the Registrar of Companies prior to the commencement of these rules but not disposed of by such authority for want of any information or document shall, on its submission, to the satisfaction of the authority, be disposed of in accordance with the rules made under the Companies Act, 1956.

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