![]() ![]() Companies which has been listed for inspection or investigation – if such directive is being carried out/pending/completed but the prosecutions concerning such inspection or investigation are pending in the Court of law.Companies delisted on account of non-compliance of listing regulations, listing agreement or any other statutory laws.The following companies do not qualify for the provision of strike off: Been wound up under Chapter XX, whether voluntarily, by the Tribunal or under the Insolvency and Bankruptcy Code (IBC), 2016.Filed an application to the Tribunal for the granting of Compromise or Arrangement, and a consensus for the same hasn’t yet been arrived at.Engaged in any other activity other than what is necessary or expedient for making an application under the concerned provision, and so and so forth.Made a disposal for the value of property or rights held by it (subject to conditions).Changed its name or relocated its registered office to another state.Restrictions on Making Applications for Strike OffĬompanies are restricted on filing applications for strike-off, if at any time during the last three months, it has: A statement concerning any pending litigations with respect to the company.CTC of Special Resolution (duly signed by every director of the company). ![]() An affidavit in Form STK 4 (by all directors of the company).A statement of liabilities comprising of all assets and liabilities of the companies (certified by a Chartered Accountant).Indemnity Bond duly notarized by all directors (in Form STK 3).Note – if the company is regulated by any other authority (Ex RBI), then the consent of such authority must be obtained for this purpose.Ĭompanies on the pursuit of strike-off must file an application to the Registrar of Companies (ROC), accompanied by the following documents: After this stage, the Company would be necessitated to file E-form MGT-14 within a time-frame of thirty days. This resolution must be consented by 75% of its members as per the paid-up share capital of the Company. This could be performed by passing a special resolution, which must be consented by 75% of its members.Ĭompanies may pursue a strike off by following each of the following specified procedures:Ī resolution for the purpose of this provision could be passed by a company through a Board Meeting, after which any of its directors would be designated to make an application to the Registrar of Companies (ROC) for strike off.Ī company desirous of a strike off must have closed off all its liabilities.Ī general meeting of shareholders should be held by the company by passing a resolution for striking off the name of the Company. This process is also named as Compulsory removal of name from the Registrar of Companies.Ī company may file an application to the Registrar of Companies in E-Form STK-2 after closing off its liabilities. Such a notice would inform the respective companies of the removal of its name from the record and request it to send its representatives with the requisite documents within thirty days of the issue of such notice. The Registrar of Companies may issue a notice to the Companies and its Directors in Form STK-1 (Removal of Names of Companies from the Registrar of Companies) if ROC holds a reasonable cause as specified above. The company has not been pursuing any business or activity for the preceding two financial years, for which it hasn’t sought the status of Dormant Company under Section 455of the Act.The company has not commenced its business within one year of its incorporation.The provision of strike-off could be enacted on the basis of the following grounds: Strike off by a company on its own accord under Section 248(2) of the Companies Act, 2013.Strike off by the ROC under Section 248(1) of the Companies Act 2013, and.The Companies Act 2013 provide two modes of strike-off – namely Strike Off Of Company under Section 248 of Companies Act, 2013 ![]()
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