Strike off company

The Registrar of Companies issues a Certificate of Incorporation upon the Company's formation, acknowledging its existence. Once the Company's name is registered, it cannot be removed unless the Company applies for it or is processed by law. If a Company fails to commence its business or submit annual returns, the Registrar may Strike Off the Company by sending a notice to its registered office address.

Strike-off refers to the removal of a company's name from the Register of Companies, resulting in the closure of the company and prohibiting any further operations. Reviving a struck-off company is possible with the assistance of Filing Buddy.

The official dissolution process typically takes 3 months, but the duration may vary based on complexity. Companies may opt for a fast-track exit mode to expedite the striking-off process.
 

• Companies that have been inactive for two years from the date of application
• Companies that have not started a business within one year of incorporation
• Companies with no assets or liabilities.
• The subscribers to the memorandum have not paid the subscription and form INC 20A is not filed within 180 days.
• The company is not carrying on any business or operations, as revealed after the physical verification after the registered office of the company is found by the Registrar of Companies.

• The company has not filed 20A even though it was incorporated after 2nd November 2018.
• The company has not completed one year since incorporation.
• The company has ongoing business transactions in the last 1-2 years.
• Any of its directors' DIN is deactivated or disqualified.
• The company has already received a strike-off notice from ROC.
• The company has pending ongoing litigation.
• Change its name or shifted its registered office anytime during the previous three months.

The Filing Buddy team can help smoothly remove a registered company from the state registrar's list by submitting your company name. Active or dormant companies can apply for strike-off procedures online. MCA records provide a list of struck-off companies in India. To remove a company's name, an application in Form STK-2 with the prescribed fees must be submitted.

• Digital signature of the directors
• PAN and Aadhaar card of directors
• Consent of the creditors of the company
• CTC of Special Resolution duly signed by every director of the company
• An affidavit by all directors of the company in Form STK 4
• Indemnity Bond duly notarized by all directors (in Form STK 3)
• A certified statement of liabilities by a Chartered Accountant comprising all assets and liabilities of the companies in Form STK-8
• Consent letter and affidavit of its director
• A statement concerning any pending litigation with respect to the company.

1. Hold a Board Meeting to Approve strike off a company and Issuance of notice for extraordinary general meeting.
2. Extinguishment of liabilities: After passing board resolution, if any liabilities exist, the company will extinguish all its liabilities.
3. Extraordinary General meeting: Convene extraordinary general meeting for passing of special resolution.
4. Obtain consent from creditors and file it with the Registrar of Companies (ROC).
5. File E-form MGT-14 within 30 days of passing of the resolution with normal fees.
6. Submit Form STK-2 along with the required documents, such as CTC of the special resolution, Board Resolution, statement of liabilities duly certified by chartered account in form STK 8 (not earlier than 30 days from the date of making application) and affidavit of directors in Form STK-4 duly notarized (Individually), ID proof of directors, Bank Account closure statement, Indemnity bond in STK-3 duly notarized(Collectively given by directors)
7. Pay the requisite fees for the application.The prescribed challan for filing of this form is Rs 10000.
8. Wait for the ROC to verify and process the application.
9. If the ROC is satisfied with the application, a notice in STK 6 will be published in the Official Gazette.
10. If no objections are received within 30 days of the notice, the ROC will strike off the name of the company from the register and publish another notice in Form STK-7 in the Official Gazette.
11. The company will then be deemed dissolved and will no longer exist.