(1) The power of the Registrar to remove the name of the company from the company's register. As per section 248 of the Companies Act 2013, the Registrar of Companies may remove the name of the company from the register of the company if: -
- A company has failed to start its business within one year of its incorporation.
- A company is not carrying on any business or operation for a period of two years before the financial year and has not made any application within such period to obtain the status of a defunct company.
- The members of the memorandum have not paid the membership amount which they had paid at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation.
- The company is not carrying on any business or operation, as revealed by the ROC after the physical verification done under sub-section (4) of section 12.
(2) Application by the company: - A company may, after extinguishing all its liabilities with the consent of a special resolution or seventy-five percent. In the context of paid-up share capital, members file an application in the prescribed manner to the Registrar to remove the name of the company from the register of companies on all the grounds specified in sub-section (1).
(3) Nothing in sub-section (2) shall apply to a company registered under section 8.
As per section 249 of the Companies Act, 2013, an application on behalf of the company under sub-clause (2) of section 248, if at any time, for three months, the company-
- has changed its name or moved its registered office from one state to another;
- has made a settlement for the value or right of the property, immediately before the trade.
- is engaged in any other activity except as necessary or expedient for the purpose of making an application under that section.
- Has made an application to the Tribunal for approval of an agreement or arrangement and the case is not finally concluded; or
- Being injured under Chapter XX of this Act or under the Insolvency and Bankruptcy Code, 2016.
Application for the application of the name of the company in relation to annual returns: - Before the amendment made by the Ministry, according to Rule 4 (Removal of Companies from Register of Companies) Rules, 2016, the company was required to file all its . Pending Annual Return i.e. Form AOC-4 or AOC-4 XBRL, before applying as STK-2 to ROC to remove company name from MGT-7.
As per the amendment made by the Ministry on 10.05.2019 (Removing the names of companies from the Register of Companies) Rules, 2016 (hereinafter referred to as Major Rules), Rule 4, end
No application in Form No. STK-2 will be filed by the company unless it can file 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), by the end of the financial year in which the company set up a corporate business for corporates.
This means that the company must file its annual return, until the company has ceased operating, until the company has closed its business, before the company closes. For this, there is no need to complete the IIT ANNUAL PENDING RETURNS before going on strike. Can proceed directly to a strike, which is not in any business without annual returns of a year in the company.