The Companies (Removal of Names ofCompanies from the Register of Companies) Second Amendment Rules, 2023.

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 10th May, 2023

G.S.R. 354(E).—In exercise of the powers conferred by sub-sections (1), (2) and (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. Short title and commencement.- (1) These rules may be called the Companies (Removal of Names of
Companies from the Register of Companies) Second Amendment Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
(hereafter referred to as the principal rules), in rule 4, in sub-rule (1), the following provisos shall be
inserted, namely:-
“Provided that the company shall not file an application unless it has filed overdue financial
statements under section 137 and overdue annual returns under section 92, up to the end of the
financial year in which the company ceased to carry its business operations:
Provided further that in case a company intends to file the application after the action under subsection (1) of section 248 has been initiated by the Registrar, it shall file all pending financial
statements under section 137 and all pending annual returns under section 92, before filing the
application:
Provided also that once notice under sub-section (5) of section 248 has been issued by the Registrar
for publication pursuant to the action initiated under sub-section (1) of section 248, a company shall
not be allowed to file the application under this sub-rule.”.

[F. No. 1/28/2013-CL-V(Part-III)]
MANOJ PANDEY, Jt. Secy