Strike Off Company (Pvt Ltd)

The process to strike off a private limited company is governed by Section 248 of the Companies Act, 2013. The Ministry of Corporate Affairs (MCA) has prescribed the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. These rules outline the procedure for voluntary strike off under the fast track exit (FTE) scheme.

The application for strike off is filed with the Registrar of Companies (ROC) through the MCA portal. The official website is www.mca.gov.in. The ROC has jurisdiction based on the registered office state of the company.

The process involves: (1) Board resolution approving strike off, (2) Filing Form STK-2 with ROC along with required documents, (3) Publication of notice in the Official Gazette, (4) ROC verification and approval. The company must be dormant (no business activity) and have no assets or liabilities.

The primary form is Form STK-2 (Application to ROC for removal of name). Supporting documents include: Board resolution, indemnity bond, statement of accounts, affidavit, and a no-objection certificate from creditors (if any).

A company is eligible if it has not commenced business within one year of incorporation, or has not carried on business for two preceding financial years. It must have no assets, liabilities, or pending litigations. The company must have filed all annual returns up to the date of application.

The timeline depends on ROC processing and Gazette publication. The process involves stages: Application filing, ROC scrutiny, notice in Official Gazette, and final order. No specific duration can be guaranteed as it varies by ROC workload.

The government fee for filing Form STK-2 is prescribed under the Companies (Registration Offices and Fees) Rules, 2014. As per current rules, the fee is ₹5,000 for companies with authorized capital up to ₹1,00,00,000. For higher capital, additional fees apply. No professional fees are included here.