Strike Off of Company

Strike of Company is an alternative exit way to winding up of a Company subject to provision of section 248 of Companies Act, 2013.

1. Modes of Strike Off of Company under Companies Act 2013:

• Strike of by ROC .
• Strike of by Company by its own.

Grounds of Strike Off of Company by ROC:

• If a company 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

Strike Off of Company by its own:

If a company not carrying any business activities, after make NIL its all liabilities and assets can file an application for Strike Off of Company in form STK-2 along with prescribed fees( Rs10,000).

Procedure for Strike off by company its own

• Hold Board Meeting.
• Hold General Meeting.
• Pass Special resolution / Get Consent from all members of the company.
• Application to ROC in form STK-2.

Attachment of FORM STK-2:

• Indemnity Bond duly notarized by every director in Form STK 3.
• Statement of Nil assets and Liabilities certified by Chartered Accountant.
• Affidavit by every director of the company.
• Special Resolution or Consent Letter of every director.
• Board Resolution.
• KYC of All members of the company.