Any defunct company who wants to strike off its name from the register of Registrar of Company can apply via Form STK 2 for strike off of its name from the register maintained by ROC. A private limited company may be declared defunct and shut down by petitioning the Registrar of Companies. If the ROC is satisfied with the application given current laws, then it will strike the name of the company and declare it as defunct. Following the same, a notice in this regard will be published in the official gazette by ROC. Bear in mind that the approval of form STK 2 will take at least one month from the date of filing to be approved.
Winding up the Company
As per section 270 of the Companies Act 2013, winding up of a company may be either –
(a) By the Tribunal (also known as compulsory winding up); or (b) Voluntary winding up
Voluntary winding up may be –
- Member’s Voluntary winding up.
- Creditor’s Voluntary winding up.
Whereas Compulsory winding up may be, in addition to the aforementioned –
- Any contributor or contributors
- By the central or state govt.
- By the registrar of any person authorized by central govt. for that purpose.
- Company Bank Statement .
- Last filed balance sheet & P and L.
- Copy of last IT return filed
- Digital signature of all Directors.
- Filing of Form STk 2.
- Closure Filed