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Striking off the Company
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Striking off of the Company
It is well settled pledge that the Company is always incorporated with the plan that the positive affirmation and consequence can be derived from incorporation but things may not work as per the plan, as per Study of IBM institute 90 percent of the start-ups fails within 5 years from the date of inception. In this tough time of Covid world has seen significant loss and failure of start-ups from various industry and sectors. Things may not go as planned which may lead to closure of start-up.
It is pertinent to note that once a company is registered from legally, it can only be brought to closure by the legal means. Companies Act, 2013 has provision in form of Section 248 to close or strike off the Company. If the promoters of the company wants the company to get Striked off they may go for the voluntary strike off with route as specified in section 248 of companies act, 2013, as of now this the best provision available for closure of non-operating Company in India.
Strike Off Your Company
Reasons for Strike off
- Case where a company has failed to commence its business within one year of its incorporation or
- If company is not carrying on any business or operation for a period of two immediately preceding financial years and has not apply for dormant status.
Companies eligible to file Application
- Name is changed or
- Registered office is changed from one state to another;
- has made a disposal for value of property or rights held by it,
- has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement;
- has made an application to the Tribunal for the sanctioning of a Compromise Or Arrangement and the matter has not been finally concluded; or
Documents Required for Striking off the Company
- Consent of the Creditors of the company
- Indemnity Bond duly notarized by all directors as on Board.
- A certified statement of liabilities by a Chartered Accountant comprising of all assets and liabilities of the companies
- Special Resolution duly signed by every director of the company
- Digital Signature of the Directors
- PAN and Aadhaar card of directors
- Consent Letter
Process of Strike off of Company
- Hold the Board meeting and pass the resolution for strike off and call the extra-ordinary general meeting along with Explanatory statement as per section 102 of Companies act, 2013. After passing the resolution extinguish all the liability of company.
Get the Statement of account, stating nil assets and Liabilities prepared from a Practising chartered accountant
Get all the Documents prepared from an expert, mostly Practising Company secretaries
File form STK-2 for striking off the name of the company from Registrar of Company along with attachments and documents mentioned above
Once the form is approved by ROC same will be made available at MCA site and publish in the official gazette and from the date of publication it will stand dissolved
Note:
- Registrar normally takes 6-8 weeks to get the company removed from MCA site and get the same published in official gazette.
- Govt fee Rs 10000 extra to be borne by the client
- All tax payments and penalties if any to be borne by the client
- Stamp paper and notary should be borne by the client
- Statutory Audit fee – Extra based on turnover. Payable directly to the Auditor
- Winding up [STK2] is not applicable for the Section-8 and Public Limited Companies
General Queries
Strike Off means removing the name from ROC’s register and taking the Company to closure legally under section 248 of Companies Act, 2013.
Closing of company is complicated task which requires expert viz. Company Secretaries, although it can be closed as:
- Striking off of Company
- Winding up of Company
Yes, But permitting the closure of company is sole discretion of ROC. The same can be done by filing STK-2 along with attachments as required .
Note: 20A filing compulsory if co. is incorporated after 2nd Nov 2018
The Company will have to file the pending returns for last 2 FY, keep note that bank closure certificate is mandatory for getting the company striked off.
No, the striked off company cannot carry its operations and trade once the application for strike off has been made.
You may reach on info@legalite.in or call us on +91-7428764445 in case of any clarification required if any.