Strike Off Application (Company)
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Basic Plan
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- Legal Consultation for Company name change
- Basic Name Search and Availability Check
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Form Submission:
a) Form RUN
b) Form MGT-14
c) Form INC-24
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- Drafting of Board Resolution
- Drafting of Special Resolution
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- Assistance with Updating Bank Accounts
- Assistance with Updating Business Records
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- Assistance in Trademark application/update
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What is Company Strike Off?
Strike Off is the process of closing a company and removing its name from the official records of the Registrar of Companies (ROC). Once a company is struck off, it no longer exists legally and cannot conduct business.
Why Apply for Strike Off?
- To close an inactive company and avoid penalties for non-compliance.
- To legally dissolve a company with no future liabilities.
- To avoid unnecessary annual filings & compliance costs.
Latest Update (2024): Companies can apply for voluntary strike-off under Section 248(2) using Form STK-2. If a company fails to file annual returns for two years, the ROC can initiate compulsory strike-off under Section 248(1).
How Can a Company Be Struck Off?
There are two ways a company’s name can be removed from the ROC records
Documents Required for Strike Off (STK-2 Filing)
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To apply for voluntary strike-off, the company must submit:
- Board Resolution & Shareholder Approval (Special Resolution)
- Indemnity Bond (Form STK-3) – Signed by Directors
- Affidavit (Form STK-4) – Declaring no pending dues
- Statement of Assets & Liabilities (Not older than 30 days)
- Last Filed Financial Statements & Annual Returns
- PAN & Aadhar of Directors
- Proof of No Dues Clearance from GST, Income Tax, EPF, etc.
Tip: All business liabilities must be cleared before applying for strike-off.
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Process for Filing a Strike Off Application (STK-2)
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- Pass a Board Resolution to approve strike-off.
- Hold an Extraordinary General Meeting (EGM) to get shareholder approval (Special Resolution).
For Private Companies: Majority shareholder consent is required.
For One Person Companies (OPCs): Only the director’s consent is needed.
- Ensure all statutory dues (GST, Income Tax, EPF, etc.) are cleared.
- Close the company’s bank accounts & obtain closure certificates.
- Cancel any business licenses & GST registration.
Important: If a company has pending dues or ongoing cases, the ROC will reject the application.
- Log in to the MCA portal and file Form STK-2.
- Attach all required documents (Board Resolution, Indemnity Bond, etc.).
- Pay the ROC filing fee of ₹10,000.
Tip: A Chartered Accountant or Company Secretary should verify the compliance before submission.
- The ROC reviews the STK-2 application and supporting documents.
- A public notice (STK-6) is issued on the MCA website & Gazette for objections from stakeholders.
Waiting Period: 30 days – If no objections are received, the ROC proceeds with the strike-off.
If there are no objections, the ROC issues a final Strike Off Notice (STK-7).
The company’s name is officially removed from the ROC records.
After Strike Off:
The company cannot conduct business.
Directors & shareholders cannot use the company’s name for future business.
Revival is only possible through NCLT (National Company Law Tribunal).
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Common Mistakes to Avoid While Filing for Strike Off
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Not Clearing Outstanding Dues
The ROC will reject the application.
Missing Financial Filings
If financial statements weren’t filed, the ROC may impose penalties.
Ignoring ROC Notices t GSTR-10
If an STK-1 notice is issued, a timely response is needed to prevent forced strike-off.
Incorrect Documentation in STK-2
Errors in affidavits, indemnity bonds, or financial statements can cause delays.
Not Closing Bank Accounts Before Filing
Active accounts may delay processing.
Note: Review compliance before applying for strike-off to prevent unnecessary delays.
Can a Struck-Off Company Be Restored?
Yes! A company can apply for revival within 20 years from the strike-off date by filing a restoration request with NCLT (National Company Law Tribunal).
1️⃣ For Voluntary Strike-Off: Restoration can be done only within 3 years by applying to NCLT if shareholders, creditors, or workmen prove that the company was wrongfully struck off or had ongoing business activities at the time of strike-off.
2️⃣ For Compulsory Strike-Off: The ROC can restore the company within 3 years if it finds that the strike-off was a mistake or if pending filings are completed.
3️⃣ For Government Appeals (Serious Cases): Authorities like the Income Tax or GST Department can apply for restoration within 20 years if they find fraud, tax evasion, or unresolved liabilities.
New Rule (2024 Update): As per the Companies (Removal of Names) Amendment Rules, 2023, restoration requests must include proof of pending business transactions or unresolved liabilities.
