STRIKE OFF

STRIKE OFF

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STRIKE OFF OF COMPANY

Strike off by Company by its own under Section 248(2) of the Companies Act 2013

The company can file an application in E-form STK-2 with Registrar of Companies Suo -motto after extinguishing all its liabilities, by special resolution or with the consent of seventy five percent of the members in terms of paid-up share capital, to the Registrar for removing the name of the Company on all or any of the above-mentioned grounds.

1. If the company pass special resolution regarding Strike off then Required to File MGT-14 Within 30 days of passing Special Resolution.

2. If the company hold EGM and have to take approval of 75%-member consent is required.

Process for striking off Company under section 248(2) of the company Act 2013 is as follows:

1. Holding of Board Meeting: For passing board resolution

2. Extinguishment of all the Liabilities: After passing of Board resolution the Company will extinguish all the liabilities before making application.

Or Holding of General Meeting or Obtaining Noc from Members

3. Application to Roc by Company

Application in Form STK- 2 to be filed by the Company (Government filing fees of INR 10,000) along with following documents:

Document Required

a) Indemnity Bond duly notarized by every director in Form STK 3

b) 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;

c) An affidavit in Form STK 4 by every director of the company

d) A copy of the special resolution duly certified by each of the directors of the company or consent of seventy-five per cent of the members of the company in terms of paid-up share capital as on the date of application;

c) Bank Account Closing Certificate.

d) In the case of a Company regulated by any other authority, approval of such authority shall also be required.

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