Striking Off a Company

Key Features & Benefits

  • A faster, less complex method of dissolving a company, suitable for defunct companies without significant debts
  • The ROC can remove a company's name from the register upon application by the company or suo motu under certain conditions, as per Sections 248 to 252 of the Companies Act, 2013.

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Proceture Striking Off a Company

Voluntary Application by the Company

01

Board Resolution

The company must pass a special resolution or obtain consent from 75% of members (in terms of paid-up share capital) to apply for striking off.

02

Extinguishing Liabilities

The company should not have any outstanding liabilities and must have ceased all operations.

03

Application to ROC

Submit Form STK-2 along with the prescribed fee and supporting documents to the ROC.

ROC's Initiative to Strike Off

01

Notice by ROC

If the ROC believes a company has not commenced business or has been inoperative, it may send a notice to the company and its directors about its intention to strike off the company's name.

02

Company's Representation

The company has thirty days to reply with reasons not to strike off the name.

Checklist

Documents Required

Indemnity bond (Form STK-3)
Statement of liabilities and assets, certified by a chartered accountant
Special resolution consent
Affidavit (Form STK-4)
Relevant regulatory authority's approval, if applicable

Overview of Striking off a company

Striking off a company is a formal process of voluntarily removing the name of a company from the Registrar of Companies (ROC) under certain conditions, effectively dissolving the entity. This action is a quicker and less complex alternative to winding up a company. Our guide for 2024 explains the detailed steps, procedures, and documents required for striking off a company, alongside providing clarity on the distinction between striking off and winding up.

Difference Between Winding Up and Striking Off a Company

  • Winding Up: This is a comprehensive process where a company's assets are disposed of to pay off debts, with the remainder distributed among the members. Winding up can be voluntary or through a court order and involves a detailed procedure of settling all company affairs.
  • Striking Off: A faster, less complex method of dissolving a company, suitable for defunct companies without significant debts. The ROC can remove a company's name from the register upon application by the company or suo motu under certain conditions, as per Sections 248 to 252 of the Companies Act, 2013.

Conclusion

Striking off a company is a critical decision that requires careful consideration and adherence to legal requirements. It's a simpler alternative to winding up for companies that wish to dissolve without undergoing the lengthy winding-up process. By following the prescribed steps and ensuring all necessary documents are in order, companies can efficiently conclude their operations. For those seeking professional assistance or more information, consider consulting with legal or corporate advisory services to navigate this process smoothly.

FAQ:

A struck-off company ceases to exist and can no longer perform any business operations. Its name is removed from the Registrar of Companies.
Generally, a company should not have outstanding liabilities when applying for striking off. The process requires that all liabilities be settled beforehand.
The process can vary but generally takes 3-4 months from the application to the final removal from the ROC.

Is online application possible for striking off a company?

Yes, the application for striking off (Form STK-2) can be filed online through the official portal of the Ministry of Corporate Affairs.
Most companies, including private, public, and one-person companies, can apply for striking off, provided they meet the criteria set out under the Companies Act, 2013. However, dormant companies and companies that have been active in the past three months under certain conditions cannot apply.

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