Form STK-2

[CS Nidhi Parekh]

Dear All

Can a company which has already filed form INC-20A 

 File STK-2 before completion of 1 year of incorporation?

Regards
CS Nidhi Parekh

[Sakshi Jain]

Hi

No, you cannot file STK 2 before completion of 2 years. Last year we filed a form where the company is about to complete 2 years. We received a resubmission to wait for 2 years.

So it's advisable to wait for 2 years and file.

Thanks & Regards

CS Sakshi Jain

+91-9654096353

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Thanks & Regards

Sakshi Jain

Associate Company Secretary

M/ +91-9654-096-353

E/ sakshijain...@gmail.com

A/ 19, 1st Floor, Sharad Vihar,

Karkar Dooma, Delhi-110092

[Rajesh]

Sakshiji, did you resubmit Form STK-2 and was the Form approved.  Because in my opinion we can file the form after one year of incorporation and before 2 years.  

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[CS Nidhi Parekh]

Hello 

We have filed form stk2 

Inc20a already filed and filed stk2 before completion of 1 year of incorporation

Received STK-6 on company master data status of company is under process of striking off 

Does this mean it is approved by C-PACE? 

Regards
CS Nidhi Parekh

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[Animesh Jha]

YES

Thanks & Regards,  

Ca Animesh Kumar Jha Partner Gupta Sachdeva & Co.  Chartered Accountants T :0612 -2229000  | M : +91-7352709000 | +91- 9263667007 |  W (whatsapp)  : https://wa.me/917352709000 Registered office : 101, Jagat Trade Centre,  Fraser Road,Patna - 800001

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[Rajesh]

I am not very sure if it approved.  I think it is just in process.

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[Rajesh]

Nidhiji don't you think that the Company should have filed Form STK-2 after one year of Incorporation???, because Section says that "Company has failed to commence its business within one year of its Incorporation". So only after one year one can declare that the Company has not commenced its business within one year of its incorporation.  

Correct me if I am wrong.

[CS Nidhi Parekh]

Yes company could have wait but we took a chance since it was not operating at all.

Regards,

CS Nidhi Parekh

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[CA Shubham Nanda]

If the company has been inoperative since incorporation and you have filed INC-20A, then you can go with clause (a) of Section 248 i.e. failed to commence business within 1 year of incorporation.

Thanks & Regards

Shubham Nanda & Co.

CA Shubham Nanda

(B.Com., ACA)

Mobile No. 9711018234

Email: shubhamn...@gmail.com

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[Rajesh]

Ok Nidhiji.

Shubamji, you are correct.  But my contention was that you can filed under clause (a) only after one year of incorporation.

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[CA Shubham Nanda]

Yes Sir... I didn't mention this, but I also mean that only. Can't go for Clause (a) before completion of 1 year, as per the language of clause, but Nidhi Mam tried and it's getting ahead by C-Pace, then I think now she will get the approval soon.

Thanks & Regards

Shubham Nanda & Co.

CA Shubham Nanda

(B.Com., ACA)

Mobile No. 9711018234

Email: shubhamn...@gmail.com

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[Rajesh]

Yes Shubhamji.  That's right.  I think Nidhiji's Form will get approved.

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[Sakshi Jain]

No we didn't resubmit the form as the remark clearly said to wait for 2 years.

Thanks & Regards

CS Sakshi Jain

+91-9654096353

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[shwetha nadig]

Hello Members,

In continuation with the above subject -

Can we file STK 2 for a private company within one year of incorporation?  which has not opened the bank, share subscription not done and 20A not filed. There is no intention of carrying any business further.

The company was incorporated in May 2024.  

Kindly share your experience or insights on this matter.

Thank you!

Regards

CS Shwetha Nadig

9743129689

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Best regards


CS Shwetha Nadig

Practicing Company Secretary

[Jaya krishna]

Yes, Form STK-2 may be filed, before completion of 1 year.

Regards,

Jayakrishna

On Mon, Jun 10, 2024 at 9:19 AM CS Nidhi Parekh <nidh...@gmail.com> wrote:

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[shwetha nadig]

Thank you for the confirmation @Jaya Krishna.

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[Rajesh]

Jaya Krishnaji, I have a different view.  I think we have to wait for one year and only after one year (maybe even on day 366) we can contend that the Company has failed to commence its business within one year of its incorporation.  Maybe the ROC might approve it, but this is my interpretation.  Other views solicited.  

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[Rajesh]

Noted.  Thank You Sakshiji.

[CA Shubham Nanda]

STK-2 can be filed within 1 year, but only after 180 days if INC-20A not filed and capital amount not contributed in the bank account.
If these both things already done, then they have to wait for end of 1st Year.

Thanks & Regards

Shubham Nanda & Co.
CA Shubham Nanda (B.Com., ACA)

Contact No. 9711018234
Email Id: shubhamn...@gmail.com

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[Rajesh]

I agree Shubhamji.  If both the conditions not fulfilled, STK-2 can be filed after 180 days, but even if one of the conditions is satisfied, application for strike off cannot be filed.

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[Ashish Gupta]

as per me, need to go for basic intent of law instead of drafting.

there might be some gaps in written intent as something has to be in black & white.

Suppose, I initiated a project and it failed before taking off, then why RoC should stop me from closing the Company before the period as mentioned? 

this defeats my purpose of trying not to default on any form/ occasion. after completing 1 yr., my returns becomes due, audit becomes due, Income Tax return and all such details, then why not government also understand this and allow to close such companies/ promoters to close the project before damage takes place?

this is my personal view

 

thanks

AKG & CO
COMPANY SECRETARIES
FCS Ashish Gupta

C.P. No.: 6859

Peer Review No.: 766

A-16 Jitar Nagar, Parwana Road

Near Preet Vihar Metro Station, Delhi - 110051

09312210264

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On Sat, Jul 6, 2024 at 11:28 AM CA Shubham Nanda <shubhamn...@gmail.com> wrote:

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[shwetha nadig]

Thank you each one of you for the clarification.  The key point here to understand is when 180 days and 1 year criteria will be applicable.  

Your opinions are helpful and appreciated.

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[Jaya krishna]

Under sec 248(1), Registrar needs to satisfy himself under anyone of the grounds listed under that section, to strike off a company name. 

Under 248 (2), if members pass special resolution with no assets or liabilities, Form STK 2 can be filed.

5 months back, we filed Form STK 2 for a company which was incorporated 8 months back, capital contributed, INC 20A filed, but no business.

Ground of closure mentioned as from incorporation no business activity and promoters are not planning for any business in that company in future also and hence closure.

Promoters need not wait one year to proof that there will not be any business. They may confirm their intention of no business.

We obtained final strike off order from MCA.

Hope this helps.

Regards,

Jay

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