COMPANIES (Removal of Names of Companies from the Register of Companies) Amendment Rules 2020
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Corporate Affairs
Notification
New Delhi, the 29th June, 2020
G.S.R (E).- In exercise of the powers conferred by sub-sections (I), (2) and
Sub-section (4) of section 248 read with section 469 of the Companies Act, 2013 (18 of
2013), the Central Government hereby makes the following rules further to amend the
Companies (Removal of Names of Companies from the Register of Companies) Rules,
2016, namely:-
- (1) These rules may be called the Companies (Removal of Names of Companies from
the Register of Companies) Amendment Rules, 2020.
(2) They shall come into force with effect from their publication in the Official Gazette. - In the Companies (Removal of Names of Companies from the Register of Companies)
Rules, 2016 (hereafter referred to as the said rules) in rule 4, in sub-rule (3), in clause (i),
the following proviso shall be inserted, namely:-
“Provided that in case of a –
(a) Government company in which the entire paid up share capital is held
by the Central Government, or by any State Government or Governments
or by the Central Government and one or more State Governments; or
(b) subsidiary of a Government company, referred to in clause (a), in which
the entire paid up share capital is held by that Government company,
a duly notarised indemnity bond in Form STK-3A shall be given by an authorised
representative, not below the rank of Under Secretary or its equivalent, in the
administrative Ministry or Department of the Government of India or the State
Government, as the case may be, on behalf of the company;”. - In the said rules, in Form STK 2, in the list of attachments, in serial number 4, at the
end, the words “or by an authorised representative of administrative
Ministry /Department in Form No. STK – 3A” shall be inserted. - In the said rules, after Form STK-3, the following Form shall be inserted, namely :-
“Form No. STK – 3A
Indemnity Bond
(To be drawn on Stamp Paper of appropriate value)
(To be given by the Authorised Representative of the administrative
Ministry /Department)
[Pursuant to the proviso to clause (i) of sub-rule (3) of rule 4 of the Companies (Removal of
Names of Companies from the Register of Companies) Rules, 2016]
To,
The Registrar of Companies,
I, the authorised representative* of the……………………………………….. (name of the
administrative Ministry/Department) for the……………………….. (mention name of the
Government company), incorporated on………………………….. under the Companies Act,
2013 or Companies Act, 1956 having its registered office at. ,………………………..do hereby
declare that the Government of India/State (name of the State to be mentioned in case
the administrative Ministry/Department belongs to a State) hereby undertakes to
indemnify: –
(i) the claimants for all lawful claims against the company arising in future after
the striking off the name of the company;
(ii) any person for any losses that may arise pursuant to striking off the name of
the company;
(iii) the claimants for all lawful claims and liabilities, which have not come to
notice up to this stage, and if any claim arises or observed even after the name of
the company has been struck off in terms of section 248 of the Companies Act,
Signature:
Official Seal:
Name, Father’s name, Address and Designation:
- Authorisation received from the administrative Ministry/Department to furnish this
Indemnity Bond shall be attached with this Form”.
[F.O./28/2013-CL-V (PART)]
K.V.R. Murty,
joint secretary to the government of India
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 1174(E), dated 26th December, 2016 and
subsequently amended vide number G.s.R. 355(E), dated the 12th April, 2017 and number
G.s.R. 350(E), dated the 8th May, 2019.