Companies (Removal of Names of Companies from the
Register of Companies) Amendment Rules, 2020.
MINISTRY
OF CORPORATE AFFAIRS (MCA) vide Gazette ID CG-DL-E-29062020-220254 and G.S.R.
420(E) dated 29th June, 2020 has issued and published the
Companies (Removal of Names of Companies from the Register of Companies)
Amendment Rules, 2020 further to
amend the Companies (Removal of Names of Companies from the Register of
Companies) Rules, 2016.
Key
Highlights:
1.
Applicability: with effect from date of publication in the Official Gazette
i.e. 29.06.2020.
2.
Following provisions added in Rule 4 (3) (i) in the Companies (Removal of Names
of Companies from the Register of Companies) Rules, 2016
Rule
4 : Application for removal of name of company.—
Rule
4 (3) (i) : The application in Form STK 2 shall be accompanied by –
(i)
indemnity bond duly notarised by every director in Form STK 3;
Provisions
Added:
Provided that
in case of a ─
(a) Government
company in which the entire paid up share capital is held by the Central
Government, or by any State Government or Governments or by the Central
Government and one or more State Governments; or
(b) subsidiary
of a Government company, referred to in clause (a), in which the entire paid up
share capital is held by that Government company,
-
a duly notarised indemnity bond in Form STK-3A
shall be given by an authorised representative, not below the rank of Under
Secretary or its equivalent, in the administrative Ministry or Department of
the Government of India or the State Government, as the case may be, on behalf
of the company‖.
3.
Insertion in Serial No. 4 in Form STK 2, in the list of attachments
the
words “or by an authorised representative of administrative Ministry/Department
in Form No. STK – 3A” shall be inserted.
4.
Form No. STK – 3A (Indemnity Bond) introduced.
Format
of Form No. STK-3A
Form No. STK – 3A
Indemnity Bond
(To be drawn on Stamp Paper of appropriate value) (To
be given by the Authorised Representative of the administrative
Ministry/Department)
[Pursuant to the proviso to clause (i) of sub-rule (3)
of rule 4 of the Companies (Removal of Names of Companies from the Register of
Companies) Rules, 2016]
To,
The Registrar of
Companies
I,
the authorised representative* of the ……………………………… (name of the administrative
Ministry/Department) for the ……………………….. (mention name of the Government
company), incorporated on……………………under the Companies Act, 2013 or Companies
Act, 1956 having its registered office at……………………, do hereby declare that the
Government of India/State (name of the State to be mentioned in case the
administrative Ministry/Department belongs to a State) hereby undertakes to
indemnify : -
(i)
the claimants for all lawful claims against the company arising in future after
the striking off the name of the company;
(ii)
any person for any losses that may arise pursuant to striking off the name of
the company;
(iii)
the claimants for all lawful claims and liabilities, which have not come to
notice up to this stage, and if any claim arises or observed even after the
name of the company has been struck off in terms of section 248 of the
Companies Act, 2013.
Date
Place
Signature:
Official Seal:
Name, Father’s name, Address and Designation:
*
Authorisation received from the administrative Ministry/Department to furnish
this Indemnity Bond shall be attached with this Form.
Disclaimer:
IN NO EVENT
THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL
DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
INFORMATION.
THIS HAS
BEEN SHARED FOR KNOWLEDGE PURPOSES ONLY.
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