Each organization is begun with a dream to keep up its business continuously, but not all businesses square measure effective since quite an whereas past run. As we have a tendency to as of currently recognize, that there’s positive technique to consolidate a company, run a company, in like manner, there’s an exact system to shut a company. As on date, there square measure 2 alternative ways to shut a company:-
1. Strike off company
2. Winding up of company
Striking off of company suggests that closing of a non profitable venture company. In different words it’s the quickest and easiest method to shut an organization.
Any company can get strike off whether it’s a
1. Private company
2. One-person company
3. Public company
A company can get strike off in two ways:-
Yes. Member’s approval is required through Special resolution for striking off company
Two e-forms are required for striking off of company:-
MGT-14 has normal associated fees in accordance with the authorized share Capital of the Company.
STK-2:- INR 10,000/-
The procedure is extremely easy and is completed step wise:-
1. Call a board meeting in accordance with the Secretarial standards and Companies Act 2013
2. Convene Board meetingto pass the following resolutions:-
3. Prepare draft minutes of the board meeting and circulate, within a period of fifteen days from the date of conclusion of that meeting, to all directors, by hand/speed post/registered post/courier/e-mail or by any recognized electronic means, for their comment(s).
4. Convene general meeting to pass a special resolution to make an application with the Registrar of Companies for striking of name.
5. File e-Form MGT-14 along with copy of special resolution with the office of the Registrar of Companies, within thirty days of passing of special resolution
6. Prepare Indemnity Bond in Form STK-3 and Prepare Affidavits in Form STK-4
7. Prepare statement of accounts and have it certified by a chartered accountant.
8. File e-Form STK-2 with the ROC within thirty days of date of statement of accounts.
9. The Registrar shall publish a notice in Form STK-6 of the same after receiving application for inviting objections, if any.
Once an application is filed for striking off of company with the respective Registrar of Companies (ROC) after verifying the documents the RoC will strike off the name of the company and this procedure normally takes 3-4 months. However, if any objection is received from ROC this process might take extra time or even reject the application.
Disclaimer: – The above article is prepared to keep all the significant and fundamental inquiry which comes at the top of the priority list of an expert or other stakeholders while applying for striking off of organization. The author has attempted to cover all the significant details. Under no situation, the author will not at risk for direct, indirect, special or incidental damage resulting from, arising out of or in connection with the use of the information.
The Author is an Advocate and Company Secretary by Profession and provides a varied array of services including Start-ups mentor, Secretarial, Legal, Trademark, taxation, Audit, GST, Bookkeeping and another ancillary advisory service on Pan India basis and can be contacted through email id:- firstname.lastname@example.org and Contact Number: 91-9873-705-725