Received a strike off notice from the ROC? Don't panic, draft a petition for revival of the striking off of company quickly through us.
Strike Off Company
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Overview
Strike off Under Companies Act of 2013 is an official process for winding up a business. It involves the removal of its name from public records. Voluntary winding up of the company is done by filing a petition with the Registrar of Companies (ROC). Further, the company name is removed from the register by issuing a notice. The process is outlined in the Companies Act, 2013 allowing a straightforward dissolution.
Another effective method of dissolving a company is through removal from public records. Either the ROC may issue a notice requesting this or alternatively the business can ask themselves for this to occur directly with them. Section 248 to 252 of the Companies Act describes this procedure.
Ways of Striking Off a Company
- Voluntary Application to Strike Off
A corporation may submit a special resolution or get the consent of 75% of its members (as determined by the paid-up capital) to have its name removed from the Register of Companies. This method is called voluntary application to strike off a company. After paying off all of its obligations, the firm may request to strike off the company on any of the following grounds:
~Within a year of establishment, the company fails or does not start operating.
~The firm has not applied to be designated as a dormant company under Section 455 of the Act for the two financial years prior, during which time it has been inactive or has not conducted any activity.
After receiving the business’s request to have the company name removed, the ROC is required to issue a public notice as outlined by the Act. - Strike Off Company Name by ROC
Valid Reasons for Removal: Failure to commence business within one year of incorporation or consecutive inactivity for two financial years
Action by Registrar of Companies: Issues notice to company and directors for intention to remove/strike off company name
Company’s Opportunity to Respond: Thirty-day period given from notice date to submit representations and relevant documents to ROC.
Documents Required
- Board and shareholder resolutions
- Financial statements
- Tax clearance evidence
- Asset and liability statement
- Proof of dissolution or winding up
- Consent of creditors
- Consent of regulatory authorities
- Other jurisdiction-specific documents, as required
Process for Strike Off Company Name
Step 1: Convene a Board Meeting
Conduct a board meeting where the board of directors will approve crucial transactions. Authorise a director to apply to ROC, approving the strike-off of the company, and issuing a notice for an EGM.
Step 2: Liabilities Extinguishment
Once the board resolution is passed, ensure that any existing liabilities of the company are properly extinguished. It is essential to close the company’s financial obligations.
Step 3: Extraordinary General Meeting (EGM)
The EGM is a crucial step in obtaining shareholder approval for the closure of the company.
Step 4: Approval from Concerned Authorities
If any other regulatory authority oversees the company, obtain the necessary approval from that authority.
Step 5: Application to ROC
Pepare and file the required forms with the ROC. Form MGT-14 is to be filed within 30 days of passing the resolution, along with the prescribed fees. Additionally, file Form STK-2, which is necessary for strike-off.
Pre & Post Application Procedures
Before applying, ensure your company meets the eligibility criteria for strike off, which includes:
~No ongoing legal proceedings or winding-up petitions
~All debts and liabilities settled
~No unresolved disputes or claims
~Fulfilled tax obligations and filed necessary returns
~No trading or stock sales in the last three months
~No name change in the last three months
~No liquidation threat or receivership proceedings
~No existing creditor arrangements
Post-Application Procedure:
~Publish the strike-off notice in a national newspaper and a local newspaper in the company’s registered language.
~File an affidavit with the ROC confirming the publication of the notice.
~The ROC will review the application and supporting documents and, if satisfied, issue an order approving the strike-off.
~Upon ROC approval, you will receive the strike-off certificate, officially dissolving your company.
Why BizReg?
We offer top-notch legal services and specialise in assisting with the revival of companies under the Companies Act, 2013. Our team of highly skilled lawyers can provide comprehensive guidance throughout the entire process. Simply provide us with all the necessary information, and within a few days, we will prepare a document for the striking off of your company. BizReg will also assist you in filing the petition.