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Company Strike off

 

A private limited company is an artificial judicial person and requires various compliances like appointment of Auditor, regular filing of income tax return, annual return filing and more. Failing to maintain compliance for a Company could result in fines and/or disqualification of the Directors from incorporating another Company. Therefore, if a private limited company has become inactive and there are no transactions in the company, then it is best to wind up the Company.

 

 


Which kind of Company can Be Closed with STK-2 Form?


Inactive Since Past Two Years

Under section 248(1)(c), a company can be closed even when the company started its business but has been inoperative for the past two financial years.

There is Nil Assets or Liabilities

There is no assets or liabilities in the company. All bank A/c must be closed, and the financial statements must be certified by a Chartered Accountant.

Companies not Commenced Operationsy

Under section 248(1)(a), only that company can be closed which could not commence its business operations within one year of its incorporation. In other words, there is absolutely no transaction in the company


No Litigation Pending

There should not be any litigation or tax assessment pending for the company with the state government or central government or their agencies.


Document of Company

  • All ITR and Returns Filed with ROC
  • Board Resolution Authorising the Closure
  • Affidavit from all the Directors

  • Indemnity Bond from all the Directors

Financial Documents

  • Bank A/c Closure Proof

  • Financial Statement with NIL Liabilities

Procedure of Strike off


To close an organization with Form STK-2 a gathering of the investors of the organization must be brought so as to choose about the conclusion with in any event 75% voting rights.
If the company had registered under GST or obtained licenses under any government department, the same need to be surrendered before an application for closure is filed by the company.
The bank accounts of the company must be closed, and a certificate from the banker is needed. Prepare a financial statement with Nil Assets and Liabilities, A Practicing CA or Auditor shall certify it.
All directors and shareholders have to swear an affidavit that all information and documents being filed is true and correct and an indemnity bond that if any liability comes up the directors shall pay in person.
Check that the company has filed all pending ITR & ROC Return to the ROC, the application for closure of the company filed online with a digital signature in Form STK-2 with the government fee of Rs. 10,000/-