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Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016

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..... rules may be called the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.- (1) In these rules, unless the context otherwise requires, - (a) Act means the Companies Act, 2013 (18 of 2013) ; (b) Form or e-Form means a non-electronic form or an electronic form annexed to these rules. (2) Words and expressions used in these rules but not defined and defined in the Act or in the Companies (Specification of Definitions Details) Rules, 2014 , shall have the same meanings respectively assigned to them in the Act or in the said rules. 3. Removal of name of company from the Register .....

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..... ed public deposits which are either outstanding or the company is in default in repayment of the same; (ix) companies having charges which are pending for satisfaction; and (x) companies registered under section 25 of the Companies Act, 1956 or section 8 of the Act . Explanation. - For the purposes of clause (iii), the expression vanishing company means a company, registered under the Act or previous company law or any other law for the time being in force and listed with Stock Exchange which has failed to file its returns with the Registrar of Companies and Stock Exchange for a consecutive period of two years, and is not maintaining its registered office at the address notified with the Registrar of Companies or Stock .....

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..... 38 (4 of 1938) or rules and regulations thereunder; (iv) companies in the business of capital market intermediaries as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder; (v) companies engaged in collective investment schemes as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder; (vi) asset management companies as referred to in the Securities and Exchange Board of India Act, 1992 (15 of 1992) or rules and regulations thereunder; (vii) any other company which is regulated under any other law for the time being in force. (3) The application in Form STK 2 shall be accompanied by - (i) indemnity .....

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..... inistry of Corporate Affairs on a separate link established on such website in this regard; (ii) published in the Official Gazette; (iii) published in English language in a leading English newspaper and at least once in vernacular language in a leading vernacular language newspaper, both having wide circulation in the State in which the registered office of the company is situated. Provided that in case of any application made under sub-section (2) of section 248 of the Act , the company shall also place the application on its website, if any, till the disposal of the application. (2) The Registrar of Companies shall, simultaneously intimate the concerned regulatory authorities regulating the company, viz, the Income-tax auth .....

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