Notice received from ROC STK-1 for striking off

[neha]

Hi freinds,

My client company has received a notice from ROC to strike off its name. The company also wants to strike off its name. What should we do? directly apply in form STK-2 or we need to meet the ROC in person before making any application?

[C K Riju & Co. Company Secretaries]

Dear Sir,

You can directly make an application for strike-off in STK-2 within the time frame given in STK-1 notice and then reply to ROC for their notice stating that the company itself has made an application for strike off suo-motto. 

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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On Mon, Apr 24, 2017 at 1:44 PM, neha <snehaw...@gmail.com> wrote:

Hi freinds,

My client company has received a notice from ROC to strike off its name. The company also wants to strike off its name. What should we do? directly apply in form STK-2 or we need to meet the ROC in person before making any application?

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[CS Gaurav Kumar]

Dear Neha,

It would be advisable to first make a reply to notice and get the receiving of the same.

While filing STK-2, attach the Acknowledgement of Reply to Notice along with Form STK-2.

Further, what I have seen is that to those companies where notices have been served, they are required to do annual filings of previous years.

Regards

PCS Gaurav Kumar

[C K Riju & Co. Company Secretaries]

Dear Sir,

I Agree, that it is better to reply first and then file STK-2 along with acknowledgement of submission of reply to ROC as an attachment. 

But, it is not required for annual filing of all pending previous, before making an application for strike-off. The Company can directly file STK 2 without filing annual filing forms.  

 

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

 

Notice: The information contained in this e-mail message and/or attachments to it may contain confidential or privileged information. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this communication in error, please notify me by reply e-mail at rij...@gmail.com or contact 9600064707 and immediately and permanently delete the message and any attachments.

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[CS Gaurav Kumar]

Dear Sir,

You are absolutely right that it is not required to do annual filing of all the previous years before making an application for strike-off. 

But, there has been cases where Company was summoned to appear in the courts and there they were asked to submit filed Forms AOC-4 & MGT-7 along with challans of previous years. Therefore, it is advised as per my view to file STK-2 having completed annual filings to mitigate any such contingencies.

CS Gaurav Kumar (M.Com, ACS, LL.B) Prop. at Kumar Gaurav & Associates, Company Secretaries (KGCS) A  S-2, LSC, DDA Market, Mayur Vihar-1, Delhi-110091, India (Above Bank of Maharashtra) P  011-65424211 | 011-42345111    M  9599424211 | 9988424211    E  gau...@kgcs.in | pcsgaur...@gmail.com    W  www.kgcs.in

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[C K Riju & Co. Company Secretaries]

Dear Sir,

How it is possible without filing STK 2. 

 

 

 

 

 

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

 

Notice: The information contained in this e-mail message and/or attachments to it may contain confidential or privileged information. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this communication in error, please notify me by reply e-mail at rij...@gmail.com or contact 9600064707 and immediately and permanently delete the message and any attachments.

On Tue, Apr 25, 2017 at 2:23 PM, Saroja S <saroj...@gmail.com> wrote:

Please give reply to ROC in writing stating Company is strike off its name, it is sufficient, you need not to file againg FORM STK-2.

On Monday, 24 April 2017 13:44:37 UTC+5:30, neha wrote:

Hi freinds,

My client company has received a notice from ROC to strike off its name. The company also wants to strike off its name. What should we do? directly apply in form STK-2 or we need to meet the ROC in person before making any application?

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[Anju Bhagwani]

I have recently filed a form STK-2 in ROC Gwalior. The ROC does not asked for previous filing but they raised a query in resubmission "attach NOC from Income tax Department". What is the procedure for getting NOC from IT department.

Truly Yours
CS ANJU BHAGWANI

( M.COM, ACS)

Mob. No:+91-7828653910
Email id. anjubha...@gmail.com

Corporate Office:Barjatya & Co.

202, kothari Manor,

10, Diamond Colony,New Palasia

Indore(M.P.)

[Ranjeet Singh]

In this case, Affidavits by directors are sufficient. But if ROC is asking for NOC specifically, you will have to visit Income Tax department and ask concerned officer for NOC.

Further, it is advisable to submit Certificate from Chartered Accountant certifying all statutory dues(i.e. Income tax, VAT etc.) have been duly paid & Income tax return of last two years of the Company along  with Form STK-2.

Thanks & Regards

Ranjeet 

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