Dear Sir,
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 !!
If co. wants to cancel its name then file Form STK-2 and relevant documents along with fees i.e Rs. 5000
This form is available on MCA 21 site.
Thanks and Regards
CA Rajni Sharma
The MCA has identified certain companies and has proposed removal/strike off of their name from the register of companies and to dissolve them unless adequate cause is shown within thirty days from the date of public notice (issued ROC-wise), u/s 248(1) of the Companies Act, 2013 read with Rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.
Any other opinion is also welcome for further clarity of the provision of the Companies Act.
https://www.delbertsolutions.com/pages/blog.aspx
if company files update documents then what procedure to be done for keeping of running compnay
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 for Reply
Dear Sir/Madam,
With Reference to the above cited subject, ----------(company Name), 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 ----------(company Name) 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 ----------(company Name) have decided
to file the application in respect of Striking off as per the provisions of
Section 248(2) of the Companies Act, 2013 as 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.
Hi,
If you have received any reply in respect of non-intention of removal of name of company against STK-1 issued by ROC, then please share.
if company files update documents then what procedure to be done for keeping of running compnay
Hey.
One co recd STK-1 notice and the company is running its business and doesn't intend to close it... it just fail in annual filing for 2 years with roc. how am i should suppose to reply that notice and why should i get STK-1 notice and instead of STK-5 for non filing of annual returns with roc for 2 years
CAclubindia
