Spectacular Ltd. wants to make an application to Registrar of Companies (ROC) for removal of its name under section 248(2) of the Companies Act, 2013 from register. It is understood that the application, inter-alia, shal
CS Executive · Company Law · PYQS · June 2018
Spectacular Ltd. wants to make an application to Registrar of Companies (ROC) for removal of its name under section 248(2) of the Companies Act, 2013 from register. It is understood that the application, inter-alia, shall be accompanied by an 'affidavit' by every director of the company. You are a practising Company Secretary. The company has approached you to draft such an affidavit. Help the company.
Answer & Explanation:
FORM No. STK-4 AFFIDAVIT (to be given individually by every Director) [Pursuant to sub section (2) of section 248 read with clause (iii) of sub-rule (3) of Rule 4] I/We ____________ Director of ____________ (hereinafter called "the Company"), incorporated on ____________ under the Companies Act, 2013 or the Companies Act, 1956 having its registered office at____________ and having CIN ____________ do solemnly affirm and state as under: I/ We ____________ S/o / D/o Shri/Smt. ____________ Holder of DIN/Income Tax PAN/Passport number ____________ (copy of Income Tax PAN/ Passport duly attested by a Gazetted Officer or a whole time practicing professional viz Chartered Accountant/Company Secretary/Cost Accountant) am Director of the Company stated above since ____________ (mention date of appointment). My present residential address is ____________ (copy of documentary evidence duly attested by a Gazetted Officer or a whole time practicing professional viz Chartered Accountant/Company Secretary/Cost Accountant) is enclosed (Alternatively, an affidavit sworn before Magistrate may be enclosed). My permanent address is ____________ (copy of documentary evidence duly attested by a Gazetted Officer or a whole time practicing professional viz Chartered Accountant/Company Secretary/Cost Accountant) is enclosed (Alternatively, an affidavit sworn before Magistrate may be enclosed). The Company does not maintain any bank account as on date. The Company ____________ (mention name of the Company) does not have any assets and liabilities as on date. The Company has been inoperative from the date of its incorporation/The Company commenced business/operations/commercial activity after incorporation but has been inoperative for the past ____________ year(s) due to following reasons. ____________ (give the reasons here). As on date, the Company does not have any dues towards Income Tax/ Sales Tax/Central Excise/Banks and Financial Institutions; and other Central or State Government Departments/Authorities or any Local Authorities. I further affirm that - No inquiry, technical scrutiny, inspection or investigation is ordered or pending against the company; No prosecution or any compounding application for an offence under the Act or under any of the other Acts is pending against the company or against the undersigned; The company is neither listed nor delisted for non-compliance of listing agreement; The company is not a company incorporated for charitable purposes under section 8 of the Companies Act, 2013 or section 25 of the Companies Act, 1956; The company does not have any management disputes or there is no litigation pending with regard to management or shareholding of the company; No order is in operation staying filing of the documents by a court or tribunal or any other competent authority; The company is not prevented from making the applications for strike off as mentioned in section 249 of the Act. I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false. Signature: ____________ (Deponent) Verification :- I verify that the contents of this affidavit are true to the best of my knowledge and belief. Place: ____________ Signature ____________ (Deponent) Date: ____________
Topics: Removal of Name of Company
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