Close the chapter, so that the books (of accounts) never gets opened again.
When a company is struck-off, this is no longer allowed to trade or sell assets, and conduct any business activity.
If directors of the company have been disqualified, EGM can be called to appoint a new director and the application shall be made to ROC with respect to such appointment.
Yes, the relevant Form for strike off is needed to be filed within 30 days from the date of passing a special resolution
No, under the Companies Act there is no time limit for making an application under STK 2 for the closing of company.
company can be closed if 75% of shareholders are in favour of the decision. However, company cannot be closed by filing standard STK-2 if the dissenting person has above 25% stake in the company.
it is recommended and even mandatory to file all pending ROC returns and discharge all the duties before making an application for closing down the company in form STK-2
Total cost of closing a Pvt Ltd Company comprises of Stamp duty , Govt Fees and Professional Fees.
Yes, digital signature of at least one director will be required as the application needs be filed in the electronic format.
It can be filed only when the company repays or extinguishes all its liabilities and receive a No Objection Certificate (NOC) from the creditors before filing the closure application. And conduct a meeting where all the directors decide upon the closure by signing a special resolution or a consent of seventy-five percent members regarding paid up share capital.
The Registrar of Companies can remove the company name from the list of companies if, he has reasonable cause to believe that:
The closure is the best option in case the company is not running as it:
After filing the application with the Ministry of Corporate Affairs, it takes about 90 days for striking off the Company from MCA records. On approval for strike-off by RoC, the notice of strike-off is published on its website to open for any objection or representations by third parties.
RoC will publish a list of companies struck off in the Official Gazette. The Company under fast-track exit mode will be considered closed from the date of publication of the notice in Official Gazette.
The closing documents have to be filed within 30 days from the date of signing of the assets and liabilities statement.
It is necessary to intimate the Registrar for the closure of Private Limited Company to update the MCA data and make company free from all its legal compliances.
Fast Track Exit is a scheme introduced by the Ministry of Corporate Affairs (MCA) for inactive companies to wind up and get their names struck off from the MCA record with lesser formalities.
In case the company is struck off due to its default, then it would have to apply to the National Company Law Tribunal for changing the status of the company from strike off to active by giving valid reasons for the fault.