Strike off of Company

The MCA on December, 2016 brought to force Section 248 to 252 of the Companies Act, 2013 to lay the foundation for removal of company name from Register of Companies. As per Section 248 to 252, the Registrar of Companies has the powers to remove name of company from the register of companies.

Voluntarily Removing Company Name using Form Form STK-2

This process for removing a company name from the register of companies can also be initiated by the company by filing Form STK-2. To file Form STK-2, the company should have extinguished all its liabilities and execute a special resolution for removal of company name from register of companies with the consent of 75% of members in terms of paid-up share capital

After filing of Form STK-2, the Registrar has the powers and duty to satisfy him/herself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time. If necessary, the ROC can also obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company.

Attachment to Form STK-2

• Copy of Board resolution authorizing the filing of this application
• Indemnity bond duly notarized by every director in Form STK 3;
• An affidavit in Form STK 4 by every director of the company;
• A statement of accounts comprising assets and liabilities of the company made up to a day, not exceeding thirty days before the date of application and certified by a Chartered Accountant;
• A copy of the special resolution accordingly certified by each of the directors of the company or approval of 75 % of the members of the company in terms of paid up share capital as on the date of application
• A statement with reference to pending litigations, if any, involving the company.
• Latest Copy of ITR, PAN of Company, Aadhar and PAN Copy of Directors
• Bank Account Closure Letter
• Declaration For Secured Creditors

The Registrar of Companies immediately after passing of time shall strike its name and shall send notice under Section 248(5) of the Companies Act, 2013 for publication in the Official Gazette and the applicant company shall stand dissolved from the date of publication of the notice in the Official Gazette.