Author name: Nikunj Kaushik
Created date: 15-09-2022
Process for Voluntary Strike off (Closure of Company)
1. Hold Board Meeting to discuss and decide for voluntary strike off u/s 248(2);
2. Pay off all the liabilities before holding EGM;
3. Convene EGM for passing special resolution;
4. File Special Resolution in MGT-14 within 30 days;
5. File STK-2 form alongwith following documents: Indemnity Bond duly notarized by every director in Form STK 3; A statement of accounts in form STK-8 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;
6. After receiving an application, ROC shall publish a public notice STK-6 to seek objection from public on proposed strike off;
7. The notice shall be placed on the website of Ministry of Corporate Affairs, published in the Official Gazette and published in a leading English newspaper and at least in one vernacular newspaper where the registered office of the company is situated.
8. ROC shall simultaneously intimate the concerned regulatory authorities regulating the company, i.e. the CBDT and CBEC having jurisdiction over the company, about the proposed action of removal or striking off the names of such companies and seek objections if any.
9. After complying all the process, ROC shall strike off the name and dissolve the company by sending notice in the official gazette in form STK-7.
