FAILS TO COMMENCE BUSINESS:-

The  companies which  fails to commence its business operation within period of 1 year from incorporation and not filed form INC-20A within 180 days under sub section (1) of section 10A and wants to close its business operation without payment of any additional fees or penalty then company can proceed for strike off.

There are 2 ways for strike off:-

1. ROC issue notice:- if registrar has reasonable clause to believe that company has not filed form INC-20A within 180 days from date of incorporation and companny fails to commence its business operation within one year of incorporation, then ROC can issue notice in form STK-1 for strike off of company u/s 248 (1).

2. Application by suo-moto:- If subscriber of memorandum has not deposited subscription money and fails to file form INC-20A within 180 days from incorporation of company and fails to commence business operations also within one year from the date of incorporation of company. Then on the basis of reason given under section 248 (1) of companies act 2013 ,company can file form
STK-2 for strike off of company without filing of form INC-20A after completion of one year from date of incorporation.

If company wants to strike off of company without filing of annual return then it is briefly described in my article in given link:-

https://taxguru.in/company-law/strike-company-filing-annual-returns.html

Author Bio

Qualification: CS
Company: Heena Gurnani & Associates 7220969497
Location: Jaipur, Rajasthan, India
Member Since: 02 May 2021 | Total Posts: 20
We, HEENA GURNANI & ASSOCIATES, situated at Jaipur, Rajasthan but working on PAN India basis are corporate consulting firm managed by specialised team of consultants committed to provide quality experience to our clients. Our diversified team with extensive legal, financial and corporate knowle View Full Profile

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