Strike off Company STK-2 under Companies Act, 2013
Strike off Company through Fast Track Exit Mode (STK-2) under Companies Act, 2013
Strike
Off Meaning
Strike Off means removing the name of the
Company from the Register of Companies maintained by Registrar of Companies
(RoC). It is more like a Closure or winding up of the Company and the Company
will not be in existence after being Struck Off and cannot perform any business
operation thereafter.
Do Private Limited Companies are required to do Annual Filings before Striking off Company under Companies Act, 2013?
Situation
01
If a Company incorporated under the Companies Act, 2013 but failed to commence its business, do we need to do Annual Filing before striking off company (STK-2)?
If a Private Limited Company incorporated, e.g.
on 1st April, 2019 and did not commence its business, then the Company can go
for striking off company through Fast Track Exit mode (STK-2) without Annual
Filing.
Situation
2
If a Company was incorporated under the Companies Act, 2013, commenced its business but currently the Company is not doing any business, do we need to do Annual filing before striking off Company (STK-2) ?
If a Private Limited Company incorporated,
e.g. on 1st January, 2015 and did its business till 01st March, 2019 and now
wants to strike off Company through Fast Track Exit mode (STK-2), then the
Company need to first do the Annual filing up to the Financial Year till the company
carry its business operation.
It means that the Company need to do the
Annual filing up to the Financial Year 31st March, 2019 before striking off the
Company through Fast Track Exit Mode (STK-2) under the Companies Act, 2013.
Stike off Company STK-2 under Companies Act, 2013: Process
Conduct Board Meeting
Conduct General Meeting
Clear all Assets and liabilities
Approval of Concerned Authorities if any
Application to RoC ( Form STK-2 )
Documents needed along with filing STK-2 for striking off Company under Companies Act,2013?
Indemnity Bond from every Director ( Form STK-3).
An Affidavit from every Director ( Form STK-4
).
A statement of accounts containing “NIL” 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.
Certified True Copy (CTC) of Special
Resolution duly signed by Director.
Other documents on case to case basis.
Conclusion
Company need to complete all the Annual
filing up to that financial year in which it ceased its business operation before
striking off Company.
But if the Company didn’t commenced its
business from the date of Incorporation, then the Company can go for strike off without Annual Filing.
Note: Company can go for strike off only after
One year of the Incorporation. Means If the Company Incorporated on 01st
April 2019, and the Company wants to strike off company, then it can do so only
after 01st April, 2020 not before that.
CS Yogesh Hegde
As a part-time company law consultant, I offer guidance on corporate governance, compliance, and legal strategy. With a deep understanding of company law, I assist organizations in navigating legal complexities, drafting contracts, ensuring compliance, and resolving disputes. I am dedicated to helping businesses thrive while mitigating legal risks. Regards, CS Yogesh Hegde Kalyan | Mumbai
