RoC can Strike off the name of a company on Suo Moto basis only after following certain procedures — Comment.

ROC can strike off the name of the company on Suo Moto basis only after following certain procedures, which are mentioned as below: Service of Notice: The registrar is required to send a notice in Form STK 1 to the company and all the directors of the company by registered post with acknowledgement due or by speed post. Reply to Notice: A representation should be given within a period of thirty days from the date of the notice by the Company and all its directors. Consideration of the representation made: After the ROC has considered the representation made by the company and its directors, if the ROC is not satisfied with the representation, it may proceed to strike off the name of company. Publication of Notice: The notice for removal of the name of the company should be in form STK 5 for the information of the general public and should be: Placed on the official website of the Ministry of Corporate Affairs on a separate link established on such website in this regard; Published in the Official Gazette; Published in Form No. STK 5A 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. Intimation to regulatory authorities: Intimation about the proposed action of removal or striking off the names of company should be sent to the Income-tax authorities, Central Excise Authorities and Service-Tax authorities having jurisdiction over such a company. Striking off / Removal of the name of the company: After expiry of thirty days from the date of publication of the notice in the newspaper, official gazette and intimation to regulatory authorities the ROC can proceed to strike off or remove the name of the company from the Register of companies. Notice of dissolution of the company: After the expiry of the time mentioned in the notice, the ROC can strike off the name of the company from the Register. The notice of striking off the name of the company from the register of companies and its dissolution should be published in the Official Gazette in Form STK 7.