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Format of representation against 248(1) stk-1 of the companies act 2013
Can anyone provide me a format for Reply/Representation of ROC Notice i.e. STK-1 u/s 248 (1) and (2) of the Companies Act 2013. The company is not carrying on any business since two year. The company has received a notice from MCA ( form STK-1) for removal of name if the company and the company does want to cancel its name. Please provide me the format of representation to be submitted to ROC within 30 days of receiving the notice!! Thanks in advance !!
Replies (1)
Strike-off by Company an application: Rather, on receipt of the notice u/s. 248(1), the company suo-motto makes an application for strike-off in Form STK 2(expecting to be released on 1st April,2017), ROC shall strike-off and there shall not be any appropriate action against directors as the fees paid for application of strike-off, paid by the company, will be construed as the penalty/fees for non filing of forms till date of application of strike-off. Also provide the representation within 30 days as per the notice, stating that the company has made an application for strike-off suo-motto due to unviable business.
Letter Reply
Dear Sir/Madam,
With Reference to the above cited subject, XYZ LIMITED, hereby
acknowledge the receipt of notice which was sent by your good office
under Section 248(1) of the Companies Act, 2013.
We would like to inform you that M/s XYZ LIMITED has not carried any
business activity since Incorporation, and remained ideal and not capable
of to continue with the business anymore. Therefore, we were not able to
comply with the mandatory compliances as per the provisions of the act.
Further we would like to submit that due to non-operational of business
and financial crunch. The Board of Directors of XYZ LIMITED have decided
to file the application in respect of Striking off as per the provisions of
Section 248(2) of the Companies Act, 2013 and as per the scheme of Fast
Track Exit prescribed by Ministry of Corporate Affairs. We are in the
process to file the necessary documents as early as possible.
In view of the facts cited above, We request you to kindly drop any legal
action, if any proposed to be taken against the Company.
We shall however submit any further information/clarification as may be
required by your good selves.
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