Introduction Company Strike off

There are various instances in the companies act 2013 based on which a company’s name can be strike off from the register of companies by the ROC.

Also, the company, if not, carrying on the business operation can make an application to the ROC to remove the name of the company from the register of companies.

One of the most important points that must be kept in mind is that the company must complete all the pending compliances before making an application with the ROC for company strike off.

Methods of Company Strike off

The following are the methods of company strike off :

  • Company Strike off Suo Moto by the Registrar of companies: where the Registrar of Companies issues a notice and order for striking off the name of the company
  • Company strike off voluntarily by way of application to Registrar of companies: where the company makes an application to the ROC voluntarily to strike off the company name from the register of companies

Benefits of Company Strike off

The following are the benefits of Company strike off :

Saves the cost of Annual compliances: In case the company is not carrying any business activity and is not proposed to do the same in the future, then the company should apply for the company strike off to save the compliance cost of the company.

Reduces the compliance burden: If the company is not proposed to carry on the business then it should apply to remove the name from the register of companies as it will reduce the burden of being compliant.

Avoid notice from Registrar of companies: If the company makes an application voluntarily to strike off its name then it will avoid the action from Registrar of companies to initiate a suo-moto strike off by ROC

Grounds for Company strike off

The Application for Company strike off Suo-moto by ROC or by company can be made on the following grounds:

  • The Company has not commenced the business within one year of incorporation
  • The company is not operating its business activities continuously for the last two years.
  • The Subscribers of the company failed to pay the subscription money and the company has not filed form for commencement of business.
  • The company is not carrying any of its business operations from the registered office of the company.

How Rajput Jain and Associates can assist

We offer all kinds of Consultancy and Compliances Services in relation to Strike off of all kinds of companies. We have impaneled various experts to provide the expert advisory and Compliances services for Strike off of all types of companies.

The services that we offer include the following:

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Frequently Asked Questions (Faq)

  • Is it necessary to complete all the compliances before applying for company strike off?

    Yes, it is mandatory to complete all the compliances before applying for company strike off.

  • Is it mandatory to complete tax laws compliances also before applying for company strike off?

    Yes, the tax laws compliances should also be completed before company strike off.

  • If a company running a business and suddenly wants to strike off the company, then can it do so?

    No, The company must not be operative before applying for company strike off.

  • Which forms do we need to file with the ROC for striking off the company?

    The company needs to file form MGT-14 and Form STK-2 for applying for company strike off.

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