Companies LawLegal Updates

MCA increases fee for the application for removal of the company u/s 248 (2) to Rs. 10,000

MCA Update

MCA increases the fee of the application for removal of the company u/s 248 (2) from Rs. 5,000 to Rs. 10,000 under Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019. The fees is made along with Form STK-2. Thereafter, directs that company can file application in Form No. STK-2 only after filing overdue returns in Form No. AOC – 4 (Financial Statement) or AOC-4 XBRL and Form No. MGT-7 (Annual Return), up to the end of the financial year in which the company ceased to carry its business operations.
Additionally, in cases where Registrar has initiated action u/s section 248 (1) and company intends to file  Form No. STK-2 the company is mandated to file all pending overdue returns in Form No. AOC-4 (Financial Statement) or AOC-4 XBRL and Form No. MGT-7 (Annual Return) before filing Form No. STK-2.
Further, MCA highlights that in cases where Registrar has issued Form No. STK-7 in pursuant to the action initiated u/s 248 (1) then companies are not allowed to file an application in Form No. STK-2.
MCA has also introduced in Form No. STK-8 wherein companies have to mention statement of account which would reflect source of funds.
In addition, under Form No. STK-4, item (viiii) has been inserted which directs company to fulfil all the pending compliances where an application under section 248 (2) has been filed after the initiation of action under Section 248 (1), Companies Act, 2019.
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