CLARIFICATION WITH RESPECT TO VOLUNTARY STRIKE-OFF OF COMPANIES
The MCA, vide notification dated May 10, 2023, has notified Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2023, which relates to pre-requisites of voluntary strike-off.
Certain provisos have been inserted in Rule 4(1) of Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, which states that:
(i) the company shall not file an application unless it has filed overdue financial statements under Section 137 of the Companies Act and overdue annual returns under Section 92 of the Companies Act, up to the end of the financial year in which the company ceased to carry its business operation;
(ii) in case a company intends to file the application after the action under subsection (1) of Section 248 of the Companies Act has been initiated by the ROC, it shall file all pending financial statements under Section 137 and all pending annual returns under Section 92, before filing the application;
(iii) once notice under sub-section (5) of Section 248 has been issued by the ROC for publication pursuant to the action initiated under sub-section (1) of Section 248, a company shall not be allowed to file the application under this sub-rule.
The copy of the order is as under: