Strike Off of a Public and Private Company
Striking off means removal of name of company from register of companies.
A Company can file an application for removal of name of the company from the Register of Companies on following grounds-
- Where a company has failed to commence its business within one year of its incorporation
- The company hasn’t been pursuing any business or activity for the preceding two financial years, for which it hasn’t sought the status of Dormant Company under Section 455 of the Act.
- the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within 180 days of its incorporation. This provision is applicable to companies incorporated after 02nd November 2018; or
- the company is not carrying on any business or operations as revealed after the physical verification carried out under section 12(9).
Process
- Holding of Board meeting and Extraordinary General Meeting to pass resolution for strike off.
- Every director shall sign and execute indemnity bond duly notarized by every director in form STK 3 and Affidavit in form STK 4.
- The company should get a statement of accounts in form STK 8 containing assets and liabilities of the company made up to a day not more than 30 days before the date of application.
- Filing of an application in form STK 2ATTACHMENT-
(a) No objection certificate from the appropriate concerned authority.
(b) Indemnity Bond duly notarized by every Director in Form STK-3
(c)Statement of Accounts certified by CA in Form STK-8.
(d) An Affidavit by every director in Form STK-4.
(e) Certified true copy of special resolution duly certified by each of the directors of the company; or consent of seventy-five per cent of the members of the company in terms of paid up share capital as on the date of application. - The notice shall be published in form STK 6 for objections. If there are no objections, ROC will strike off the company.
Professional Assistance
CA/CS Assisted
Strike Off of a Public & Private Company
Standard Package
(All Inclusive)
EMI’s Facility Also Available
₹17999/-
- Documents Inspection
- Preparation of Statements Account
- Preparation of Affidavits and indemnity bonds
- Filing of STK-2