FORM STK-2:- APPLICATION BY COMPANY TO ROC FOR
REMOVING ITS NAME FROM REGISTER OF COMPANIES.
E-Form STK-2 is required to be filed pursuant to Section 248(2) of the Companies Act, 2013 and rule 4, 5, 6 & 8 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
The Form STK-2 can only be filed by an Active Company or by a dormant company, it cannot be filed by a Section 8 Company
Section 248 (2): Without prejudice to the provisions of sub-section (1), a company may, after extinguishing all its liabilities, by a special resolution or consent of seventy-five per cent member in terms of paid-up share capital, file an application in the prescribed manner to the Registrar for removing the name of the company from the register of companies on all or any of the grounds specified in sub-section (1) and the Registrar shall, on receipt of such application, cause a public notice to be issued in the prescribed manner:
Provided that in the case of a company regulated under a special Act, approval of the regulatory body constituted or established under that Act shall also be obtained and enclosed with the application.
Rule 4: Application for removal of name of company. –
(1) An application for removal of name of the company under sub-section (2) of section 248 shall be made in Form STK-2 along with the fee of five thousand rupees.
(2) Every application under sub-rule (1) shall accompany a no objection certificate from
appropriate Regulatory Authority concerned in respect of following companies, namely –
i. companies which have conducted or conducting non-banking financial and investment
activities as referred to in the Reserve Bank of India Act, 1934 (2 of 1934) or rules and regulations thereunder;
ii. housing finance companies as referred to in the Housing Finance Companies (National
Housing Bank) Directions, 2010 issued under the National Housing Bank Act, 1987(53 of 1987);
iii. insurance companies as referred to in the Insurance Act, 1938 (4 of 1938) or rules and
iv. companies in the business of capital market intermediaries as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder;
v. companies engaged in collective investment schemes as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder;
vi. asset management companies as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder;
vii. any other company which is regulated under any other law for the time being in force.
Documents Required to be filled along with Form STK-2
As per Rule 4(3):- The application in Form STK 2 shall be accompanied by –
I. indemnity bond
II. a statement of accounts of the company certified by a Chartered Accountant;
III. An affidavit by every director of the company;
IV. Necessary Board Resolution
V. A statement regarding pending litigations, if any, involving the company.
The Bank Account of the Company needs to be closed before applying for closure
and also all assets and liabilities need to be set off.