Close Your Private Ltd Company

CLOSE YOUR PRIVATE LTD. COMPANY

A company is an artificial individual formed by law. Similarly, it can be put to an end by way of the procedure of law. For that, a simple way is to strike off the company without opting for lengthy winding up proceedings.
    The following conditions should be satisfied before applying for Striking off
  1. A company has failed to begin its business within one year of its incorporation
  2. It has to extinguish all its liabilities
  3. Taking consent from Members by way of a special resolution

Note: Facility of Striking off is not available for Section 8 Company

An application on behalf of a company must not be made if, at any time in the previous three months, the company:

Has modified its name or relocated its registered office from one State to another;

Has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of the business, for disposal for gain in the regular course of trading or otherwise carrying on of business operations;

Has engaged in any other activity except the one which is necessary or expedient for making an application under that section, or deciding whether to do so or concluding the affairs of the company or complying with any statutory requirement;

Has made an application to the Tribunal for the approval of a compromise or arrangement and the matter has not been ultimately concluded

Procedure

ROC FILING

File necessary eForms along with attachments with Registrar of Companies

Form STK-2 for filling special resolution with attachments given below

On approval of eForm ROC issues Certificate approves Striking off the name of the company from its register.

NOTICE

Issue Notice of the Extra-ordinary General meeting (EOGM) to all Members, Directors, the Auditors and to all other persons entitled to such notice.

GENERAL MEETING

Convene Extra-Ordinary General Meeting of the members of the Company at place & time mentioned in Notice to transact following businesses

  • Application to ROC for Striking off the name of the company from its register

BOARD MEETING

Convene board meeting discuss following matters

  • To get the Director's approval for change of Striking Off
  • Fix date, time, and place for holding Extra-ordinary General meeting (EGM) to get the consent of members by way of Special Resolution, for Striking off the name of the company.
  • To approve the notice of EGM along with an Explanatory Statement, to be attached to the notice of the General Meeting.
  • To authorize the Director or Company Secretary to issue the notice of the Extra-ordinary General meeting (EGM).
  • To authorize the Directors of the Company to make an application with the ROC for application for Striking off the name of the company.
  • Prepare minutes of such a Board Meeting.

Documents Required For CLOSE YOUR PRIVATE LTD. COMPANY


Board Resolution


Consent by Directors and Shareholders


Special Resolution


Statement of accounts


Form STK-3-Indemnity Bond


Form STK-4- Affidavits of all Directors

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