Ask 4 Compliance | Strike-Off/ Closure of Company
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STRIKE-OFF/CLOSURE OF COMPANY

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STRIKE-OFF/CLOSURE OF COMPANY

Removal of Company Name from Register of Companies by Registrar
The MCA in December, 2016 brought to force Section 248 to 252 of the Companies Act, 2013 to lay the foundation for removal of company name from Register of Companies. As per Section 248 to 252, the Registrar of Companies has the following powers to remove name of company from the register of companies, if the Registrar has reasonable cause to believe that:

  • The company has failed to commence its business within one year of its incorporation;
  • The company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application for obtaining the status of a dormant company.

If such is the case, the Registrar can remove the name of the company from the register of companies by sending a notice to the company and all the directors of the company. The notice from ROC would present the ROC’s intention to remove the name of the company from the register of companies and request the company to send representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice.
Closing of Company by Filing Form STK-2
After filing of Form STK-2 by the company, the Registrar has the powers and duty to satisfy him/herself that sufficient provision has been made for the realisation of all amounts due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time. If necessary, the ROC can also obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company.

On completion of the above formalities, the ROC would cause a public notice to be issued regarding the intended closure of the company. After expiry of the time mentioned in the notice, the Registrar can, strike off its name from the register of companies, and publish notice of striking-off of name of company in the Official Gazette. On publication in the Official Gazette of this notice, the company is held to be dissolved.

Process & Timeline

1-2 Months

Professional Fees

Rs. 7500

(GST, Government Fees and other Out of Pocket Expenses Extra)

Pay Now!

Find Company Name Availability

If a company satisfies any of the following condition, form STK-2 cannot be filed

  • The company changed its name or shifted its registered office from one State to another before three months of filing of Form STK-2;
  • The company disposed property or rights held by it, before three months of filing of Form STK-2. This provision is not applicable for trade wherein disposal of property for gain is in the normal course of trading or carrying on of business;
  • The company engaged in any other activity except the one which is provided in the MOA or expedient before three months of filing of Form STK-2.
  • The company has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded;
  • The company is being wound up under Companies Act or under the Insolvency and Bankruptcy Code, 2016.

Our team of highly qualified professionals at Ask4compliance.com can help you in Strike Off/Closure of Company by completing the necessary procedures as per Companies Act, 2013.

DOCUMENTS REQUIRED FOR STRIKE-OFF/CLOSURE OF THE COMPANY

  • Indemnity bond duly notarized by every director in Form STK 3;
  • A statement of accounts comprising assets and liabilities of the company made up to a day, not exceeding thirty days before the date of application and certified by a Chartered Accountant;
  • An affidavit in Form STK 4 by every director of the company;
  • A copy of the special resolution accordingly certified by each of the directors of the company or approval of 75 % of the members of the company in terms of paid up share capital as on the date of application
  • A statement with reference to pending litigations, if any, involving the company.

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