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Format of representation against 248(1) stk-1 of the companies act 2013

vaidehi (student) (59 Points)

06 April 2017

Can anyone provide me a format for Reply/Representation of ROC Notice i.e. STK-1 u/s 248 (1) and (2) of the Companies Act 2013. The company is not carrying on any business since two year. The company has received a notice from MCA ( form STK-1) for removal of name if the company and the company does want to cancel its name. Please provide me the format of representation to be submitted to ROC within 30 days of receiving the notice!! Thanks in advance !!

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siddharth ahuja (Company Secretary) (29 Points)
Replied 20 April 2017

Strike-off by Company an application: Rather, on receipt of the notice u/s. 248(1), the company suo-motto makes an application for strike-off in Form STK 2(expecting to be released on 1st April,2017), ROC shall strike-off and there shall not be any appropriate action against directors as the fees paid for application of strike-off, paid by the company, will be construed as the penalty/fees for non filing of forms till date of application of strike-off. Also provide the representation within 30 days as per the notice, stating that the company has made an application for strike-off suo-motto due to unviable business.

Letter Reply

Dear Sir/Madam,

With Reference to the above cited subject, XYZ LIMITED, hereby

acknowledge the receipt of notice which was sent by your good office

under Section 248(1) of the Companies Act, 2013.

We would like to inform you that M/s XYZ LIMITED has not carried any

business activity since Incorporation, and remained ideal and not capable

of to continue with the business anymore. Therefore, we were not able to

comply with the mandatory compliances as per the provisions of the act.

Further we would like to submit that due to non-operational of business

and financial crunch. The Board of Directors of XYZ LIMITED have decided

to file the application in respect of Striking off as per the provisions of