Strike Off Company – legalixo.in

Strike Off of Company Fast Track Exit (FTE) Mode

A company can file an application voluntarily with the Registrar of Companies for Striking off the name of the Company if it has failed to commence its business within one year of its incorporation or is not carrying on any business or operation for a period of 2 immediately preceding financial years.

19,899 24,999

All Inclusive.

Legalixo

Strike Off of Company Fast Track Exit (FTE) Mode
– An Overview

Modes of Strike Off of a Company under Companies Act 2013:

Strike off by ROC under Section 248(1) of the Companies Act 2013
Strike off by Company by its own under Section 248(2) of the Companies Act 2013.

Reasons for the Deregistration of a Company under the Companies Act 2013:

A company has failed to commence its business within one year of incorporation;
The company is not carrying out any business or Activity for preceding 2 financial years and has not sought the status of Dormant Company under Section 455 of the Act.

Strike off by Company by its own under
Section 248(2) of the Companies Act 2013

The company may submit an application in E-form STK-2 to the Registrar of Companies on its own initiative after settling all its liabilities. This can be done either through a special resolution or with the approval of seventy-five percent of the members based on paid-up share capital, requesting the Registrar to remove the company’s name for any or all of the aforementioned reasons.

The procedure undertaken by the Company for voluntary strike-off in accordance with Section 248(2) of the Companies Act 2013.

1The Company will convene a Board Meeting to adopt a resolution aimed at striking off the Company’s name and to empower any director to submit an application to the Registrar of Companies.
2. Following the adoption of the Board resolution, should there be any outstanding liabilities, the Company will ensure that all such liabilities are settled prior to proceeding to the next phase.
3. The Company will conduct a general meeting of its shareholders to pass a resolution for the removal of the Company’s name, requiring the consent of 75% of the members based on the paid-up share capital. Upon the approval of the Special resolution, the Company will submit E-form MGT-14 within a period of 30 days.
4. If the Company is subject to regulation by any other authority, it will be necessary to obtain the approval of that authority as well.

Application to ROC by Company

The Company is required to submit Application in Form STK-2, accompanied by a government filing fee of INR 10,000, along with the following documents:

Indemnity Bond duly notarized by every director in Form STK 3;
A statement of accounts containing assets and liabilities of the company made up for a day, not more than 30 days before the date of application and certified by a Chartered Accountant;
An affidavit in Form STK 4 by every director of the company;
CTC of Special Resolution duly signed by each Director
In the case of a Company regulated by any other authority, approval of such authority shall also be required;
A statement with respect to any pending litigations, involving the Company.

Note:-

Annual filing is not a prerequisite for submitting an application for strike off. The Company will publish a copy of the application on its website until the application is resolved. [Proviso to R.7(1)].

Process followed by ROC

Upon receipt of an application, the Registrar of Companies (ROC) will issue a public notice designated as STK-6. Any objections regarding the proposed strike-off must be submitted within a period of 30 days.
This notice will be made available on the Ministry of Corporate Affairs’ website, published in the Official Gazette, and disseminated in a prominent English-language newspaper as well as at least one vernacular newspaper in the locality of the company’s registered office.
Concurrently, the ROC will notify the relevant regulatory authorities overseeing the company, including the Income Tax Department, Central Excise Department, and Service Tax Department, regarding the proposed strike-off and will invite any objections that may arise.
Following the completion of all necessary procedures, the ROC will proceed to strike off the company’s name and dissolve it by issuing a notice in the Official Gazette in the format STK-7.
Upon publication of this notice in the Official Gazette, the company will be considered dissolved effective from the date specified therein. This information will also be made available on the official website of the Ministry of Corporate Affairs

Restrictions on making application for strike off [S. 249(1)]

Companies submitting an application in accordance with the provisions outlined in section 248(2) of the Companies Act, 2013 shall be restricted if, at any point during the preceding three months, the company has…

Has Changed its name or shifted its registered office from one State to another;
has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business;
has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement;
has made an application to the Tribunal for the sanctioning of a Compromise Or Arrangement and the matter has not been finally concluded; or
is being wound up under Chapter XX, whether voluntarily or by the Tribunal or under the IBC,2016.

Legalixo Support in transitioning a Strike Off of Company Fast Track Exit (FTE) Mode

Purchase a Plan for Expert Assistance
Add Queries Regarding the conversion
Provide Documents to Legalixo Expert
Complete all other required Actions
Get your work done!

Strike off by Company by its own under
Section 248(2) of the Companies Act 2013

The procedure undertaken by the Company for voluntary strike-off in accordance with Section 248(2) of the Companies Act 2013.

1The Company will convene a Board Meeting to adopt a resolution aimed at striking off the Company’s name and to empower any director to submit an application to the Registrar of Companies.
2. Following the adoption of the Board resolution, should there be any outstanding liabilities, the Company will ensure that all such liabilities are settled prior to proceeding to the next phase.
3. The Company will conduct a general meeting of its shareholders to pass a resolution for the removal of the Company’s name, requiring the consent of 75% of the members based on the paid-up share capital. Upon the approval of the Special resolution, the Company will submit E-form MGT-14 within a period of 30 days.
4. If the Company is subject to regulation by any other authority, it will be necessary to obtain the approval of that authority as well.

Application to ROC by Company

The Company is required to submit Application in Form STK-2, accompanied by a government filing fee of INR 10,000, along with the following documents:

Indemnity Bond duly notarized by every director in Form STK 3;
A statement of accounts containing assets and liabilities of the company made up for a day, not more than 30 days before the date of application and certified by a Chartered Accountant;
An affidavit in Form STK 4 by every director of the company;
CTC of Special Resolution duly signed by each Director
In the case of a Company regulated by any other authority, approval of such authority shall also be required;
A statement with respect to any pending litigations, involving the Company.

Note:-

Process followed by ROC

Upon receipt of an application, the Registrar of Companies (ROC) will issue a public notice designated as STK-6. Any objections regarding the proposed strike-off must be submitted within a period of 30 days.
This notice will be made available on the Ministry of Corporate Affairs’ website, published in the Official Gazette, and disseminated in a prominent English-language newspaper as well as at least one vernacular newspaper in the locality of the company’s registered office.
Concurrently, the ROC will notify the relevant regulatory authorities overseeing the company, including the Income Tax Department, Central Excise Department, and Service Tax Department, regarding the proposed strike-off and will invite any objections that may arise.
Following the completion of all necessary procedures, the ROC will proceed to strike off the company’s name and dissolve it by issuing a notice in the Official Gazette in the format STK-7.
Upon publication of this notice in the Official Gazette, the company will be considered dissolved effective from the date specified therein. This information will also be made available on the official website of the Ministry of Corporate Affairs

Restrictions on making application for strike off [S. 249(1)]

Has Changed its name or shifted its registered office from one State to another;
has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business;
has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement;
has made an application to the Tribunal for the sanctioning of a Compromise Or Arrangement and the matter has not been finally concluded; or
is being wound up under Chapter XX, whether voluntarily or by the Tribunal or under the IBC,2016.

Legalixo Support in transitioning a Strike Off of Company Fast Track Exit (FTE) Mode

Purchase a Plan for Expert Assistance
Add Queries Regarding the conversion
Provide Documents to Legalixo Expert
Complete all other required Actions
Get your work done!

Why legalixo..??

We make technical compliance certifications effortless and convenient.

100,000+ Clients Worldwide

Rated at 4.9+ By 42842+ Customers

Top 3% of Industry Professionals

100% Satisfaction Guaranteed

Legalixo

Over 1 Lakh+ global brands place their trust in us.

Testimonials

Customers Reviews

“Working with [DATBYT CLOUD PVT LTD] has been a game-changer for our business. Their expertise in tax planning and compliance has saved us time and money, allowing us to focus on growth. We trust them completely with our financial matters!”

“The team at [ Just Kabaddi] provides exceptional service. They’re always accessible, detail-oriented, and proactive in their approach to financial management. I couldn’t be happier with the level of professionalism they bring to the table.”

“Since partnering with [Intersteller IT Company], our company has achieved new levels of financial clarity and efficiency. Their guidance on audits, compliance, and strategic planning has been invaluable. I highly recommend their services to any business looking to grow sustainably.”

“As a small business, we needed an accountant who understood our unique needs. [Digital Expert] goes above and beyond, offering personalized advice that has kept us on the right track financially. They’re a true partner in our journey!”

“The team at [ABSJ & Associates] has been an integral part of our financial success. Their expertise and commitment to compliance give us confidence in all our financial decisions. We feel fortunate to have found such a reliable partner.”

Virender Singh
CEO, of DATBYT CLOUD PVT LTD

Sohan Tusir
Founder And CEO, of Just Kabaddi

Pawan Sharma
Founder And CEO, of Intersteller IT Company

Sanjeev Jain
CEO, Of Digital Expert

Baghesh Jain
Founder Of ABSJ & Associates