STRIKING OFF A COMPANY
CONSULT FOR QUOTATION AND DETAILS
A company is a legal entity incorporated by like-minded people to carry out a certain business with an intention to generate profits. Though all companies are incorporated with an intention to excel but some unforeseen events may lead to unfavorable conditions resulting in the need to close down the business. Leaving a company without completing its annual compliance or applying for the status of a Defunct company may lead to penalties and Striking off a company by ROC which may result into disqualification of the Directors for future appointments.
Conditions for Voluntary Striking Off
A company after extinguishing all its liabilities, by a special resolution or consent of seventy-five per cent members in terms of paid-up share capital, file an application in the E-form STK-2 with the Registrar of Companies for removing the name of the company from the register of companies on all or any of the grounds mentioned below:
- A company has failed to commence its business within one year of its incorporation, OR
- A company 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
The Registrar shall, on receipt of the application for striking off in E-Form STK-2, cause a public notice to be issued in the prescribed manner. In case the company is regulated under a special Act, approval of the concerned regulatory body shall also be obtained and enclosed with the application.
Restrictions on Filing for Application of Striking Off
An application for striking off by a company shall not be made if, at any time in the previous three months, the company has—
- Changed its Name;
- Shifted its registered office from one State to another;
- Made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business;
- 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;
- Made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded;
- Has applied for Winding up and is being wound up under Chapter XX of this Act or under the Insolvency and Bankruptcy Code, 2016.”.
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Once you fill in the above details, our expert will call you to understand your requirements in a better way and to brief you about the entire registration process and suggest you the course of action. Upon confirmation of our engagement by you, we will dedicate you a relationship manager who will take care of all your needs.
Send Documents Via Email
We at The Consultant Guru, work towards minimizing the hassles of the client, keeping this moto in mind our executives will give you a single check list of documents needed so that we don’t bother you time and again for documents. In case you are short of a few documents, our consultants help you to provide us the maximum possible alternative documents.
Payments & Filings
We believe in the moto of “Pay as we work”. This requires you pay us step by step in 2 tranches instead of giving the whole sum in one shot. The Consultant Guru facilitate payments through secure online payment gateway. After successfully providing the set of documents and partial payment, our experts will start working and provide with regular updates. You will only be required to pay the final sum upon receiving the Certificate of Registration.
Frequently asked questions
The filing of the Annual return and Financials shall be completed till the Financial Year in which the company ceased to carry its business.
Application for striking off in E-Form STK-2 can also be submitted for Active Non-Compliant Companies.
Application for striking off in E-Form STK-2 cannot be submitted for a Section 8 company.
All the charges of the company shall be closed and settled before filing the application for striking off in E-Form STK-2.
The company cannot file an application for striking off with the Registrar of Companies in case E-form INC-20A (Certificate of Commencement of Business) has not been filed.
The Government fees for filing of E-Form STK-2 is Rs. 10,000/-
THE CONSULTANT GURU
The Consultant Guru is a web portal owned and managed by Amrit Pal Singh & Co.
Phone: 8178985151, 8287569721