Reply of ROC Notice i.e. STK-1 u/s 248 (1) and (2) of the Companies Act, 2013
monika agrawal
Sonia Yadav
From: monika agrawal <monika...@gmail.com>
To: CSMysore <csmy...@googlegroups.com>
Sent: Tuesday, March 28, 2017 2:44 PM
Subject: [CSMysore] Reply of ROC Notice i.e. STK-1 u/s 248 (1) and (2) of the Companies Act, 2013
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C K Riju & Co. Company Secretaries
Dear Sir,
In case the company wants to strike-off (rather than reviving):-
Strike-off by ROC: If you are to state in your representation that the ROC himself can initiate the strike-off, then ROC shall after 30 days and on receipt of your representation will strike-off the company. The notice u/s.248(1) issued by ROC, also contains a drawback saying "however the directors of the Company shall be liable for appropriate action under the act”. So, on strike-off by ROC, appropriate action will be taken on the directors, for which you need to go for compounding of offence.
Strike-off by Company an application: Rather, on receipt of the notice u/s. 248(1), the company suo-motto makes an application for strike-off in Form STK 2 (expecting to be released on 1st April,2017), ROC shall strike-off and there shall not be any appropriate action against directors as the fees paid for application of strike-off, paid by the company, will be construed as the penalty/fees for non filing of forms till date of application of strike-off. Also provide the representation within 30 days as per the notice, stating that the company has made an application for strike-off suo-motto due to unviable business.
In case the Company wants to revive: Representation be given to the ROC as directed in the notice u/s. 248(1), ROC being satisfactory will order filing of all documents till date and revive the company.
With best regards,
CS C. K. Riju B.Com., FCS
Company Secretary in Whole Time Practice,
C K RIJU & CO.
Company Secretaries
No.4N, Prof. Subramani Street,
(Near EGA Theatre),
Kilpauk, Chennai-600010.
C:- 96000-64707
E:- rij...@gmail.com
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