STK 1

ROC STK 1

What is STK -1?

Form STK-1:- The Notice by Registrar for removal of name of a Company from the Register of Companies.

Who’s to send Notice?

The Registrar under Section 248 (1) may send a notice in form STK-1 to:

• any company and
• all the directors of the company,

which has failed to commence business within 1 year of its incorporation or which is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455.

When’s to send?

The Notice shall specify the intention of the Registrar to remove the name of the Company requesting them to send their representations alongwith copies of relevant documents within a period of 30 days from the date of the Notice.

• If Board of directors does not reply and file any representation to ROCs within prescribed time limit, then registrar of companies may remove the name of the company from the register of companies and also publish the same on the website if the Ministry of Corporate Affairs.
• If Board of directors file representation with registrar of companies, then in such as case registrar of companies will take it into consideration as a nature justice of opportunity of being heard before strike off the name of the company from register.
• After representation, the company can make an application to ROC for striking off the name of the company from register of companies in eform STK-2 or the company can also decide to take status as dormant company by filing form MSC-1