FAQs on strike off company in India Archives

All about Winding up of a company In this blog information on what is winding up of a company, Modes of winding up of a company, and strike off a company will be explained. The legal process of winding up a business and ceasing all operations is known as winding up. The Company's existence comes to an end after it is wound up, and the assets are managed to ensure that the interests of the stakeholders are not jeopardized. The Company is formally dissolved and ceases to exist once it has been liquidated. What is winding up of a Company? The process of bringing a company's life to a close and administering its assets for the benefit of its members and creditors is known as winding up. A liquidator is appointed to liquidate the company's assets and properties. If there is any surplus of assets after the debts have been paid, they will be dispersed among the members according to their rights. The fact that a corporation is winding up does not necessarily imply that it is bankrupt. A firm that is perfectly solvent can be wound up with the permission of its members at a general meeting. What are the Reasons for a Company's Dissolution? If a company fails to file its compliances on time, it will be fined and the directors will be barred from founding another company. In this way, it is preferable to wind up an inactive corporation in order to avoid future fines or liability. The Companies Act establishes a legal entity known as a private limited company. As a result, a business must maintain frequent compliance throughout its life cycle. If a company fails to do so then a company can wind up or strike off. In comparison to maintaining compliances for a dormant firm, it is actually to re-establish a corporation when the time comes. The procedure of winding up is for a company that is no longer in operation and wants to avoid compliance obligations. A corporation that complied with all regulations can easily be liquidated. If there are any outstanding complaints, they must be resolved first. It should be remembered, however, that all registrations must be surrendered as well. Modes of Winding up of a Company 1. Voluntary Winding-up The Company can be winding up in this way by passing a special resolution or a resolution at a general meeting. Below are the reasons for the Voluntary winding up of a company The Company voluntarily decided to wind up If there is any unlawful activity done by a company then under AOA provides the company to wind up their business. Procedure to Voluntary Winding up of a Company Pass a resolution at a special resolution for a voluntary decision or general meeting for the AOA events and a creditors' meeting. Declare the Company's solvency for settling overdue obligations. ROC must receive the auditor's report as well as a declaration of solvency, and the registered valuer's report (in the case of a valuation of the Company's assets). Appoint a Liquidator to complete the process. The company needs to start a process for winding up as soon as date of resolution is passed. The liquidator will compile a winding-up report and convene a general meeting of the Company to lay final winding-up accounts. A resolution will be passed if the majority of members agree; A Liquidator must send a copy of the statements to the ROC and file an application with the report with the Tribunal; the Tribunal will issue an order for the Company's winding up after evaluating the circumstances. After reviewing the circumstances, the Tribunal will issue an order for the Company's winding up; the liquidator must transmit a copy of the order to the ROC (Registrar of Companies) within 30 days, or face a penalty. When the ROC is satisfied, it confirms the Company's winding up and strikes its name from the Register of Companies; the ROC then sends the notice to be published in the Indian Official Gazette. 2. Winding up of a company by Tribunal Below are the reasons in which a company needs to stop its activity and forcefully wind up their business Unpaid debts of the company; A special resolution for winding up was enacted. Fraudulent act or misbehavior on the part of the Company or those under its control. Unlawful activity committed by management or its firm. The Tribunal believes that the Company should be wound up. Five consecutive years of failure to file financial statements or an annual return with the Registrar of Companies. The procedure of winding up a company by Tribunal A petition can be filed with the Tribunal, along with the Company's Statement of Affairs. The petition will be accepted or rejected by the Tribunal based on some factors. If a petition is filed by any legal entity excluding a company, than the Tribunal may order the Company to file an objection, and it needs to be submitted before 30 days time period with the statement of affairs. The Tribunal will appoint a Liquidator to oversee the winding-up process. The liquidator will assist and supervise the liquidation proceedings (taking over of assets, review, and examination of books of accounts, sale of assets, any other function, etc.). He or she will prepare a draught report for the winding-up committee's approval; Once the draught report has been approved, The liquidator must submit the final report to the Tribunal for a winding-up order. A liquidator is a person who specializes in liquidating The liquidator must send a copy of the order to the ROC (Registrar of Companies) within 30 days. When the ROC is satisfied, it confirms the Company's winding up and strikes its name from the Register of Companies; the ROC then sends a notice to be published in the Indian Official Gazette. Apart, from all this if there is a mandatory winding up of a company then there is a need for other forms and requirements needs to be fulfilled by the Company. 3. Strike off a company The Companies Act of 1956, deals with a defunct company's strike-off provisions. Any dissolved business wishing to have its name struck off from the Registrar of Companies' registry can do so by filling out Form FTE and submitting it to the ROC in accordance with the ROC's 'FAST TRACK EXIT MODE' Guidelines. Below are the points in which a company can be struck off A firm that has neither obligations nor assets. Any company that does not start a business activity after its incorporation can be struck off. If a company has not done any business for at least a year then the company can be struck off. The procedure of a Strike off a company Send an application in Form FTE to the ROC (Registrar of Companies) along with the required government fee (payable online). The ROC reviews the request and notifies the Company through email that its name has been removed from the Register of Companies. It further indicates that, without any contrary information, the winding-up operations will begin within 30 days. It publishes the names of applicants and the date on which they submitted an application on the MCA portal, giving stakeholders 30 days to file any objections to the winding up. The Registrar of Company (ROC) informs the Income Tax Department of the winding-up application. It allows the department 30 days to raise any objections to the winding up; ROC authorizes the winding up of the Company and strikes its name from the Register of Companies if it is entirely satisfied. The Registrar of Company (ROC) issues a notice for publication to the Indian Official Gazette. Know More: FAQs on Strike Off Company in India Conclusion Companies can be wound up in a variety of ways, each of which takes a significant amount of time and effort. The cost of the proceedings may potentially be prohibitively expensive. Many corporations were difficult to wind up in the past because the courts were already swamped with other matters. With the introduction of the Insolvency and Bankruptcy Board, as well as the National Company Law Tribunal, the process of winding up corporations has been much easier, and the time necessary to complete the process has decreased.

For Indian Entrepreneur

For Foreign Entrepreneur

Special Entities

Tax Registrations

Other Registration

Returns

Annual Filings

Change Services

Closure

Legal Drafting

Special

Trademark

Copyright

Patent

Designing & Marketing

Blog

What is winding up? and Process to strike off a Company

Hi, Welcome to EbizFiling!

HOME

POLICY

RELATED LINKS

CONNECT WITH US

TOP 3 READS

Annual Compliance Calendar of LLP 2025-26

Role of IEC in International Trade: Future Trends

LLC vs INC : Difference between LLC and INC

Secure Payment Modes

Certificate of Good Standing in USA
Share Certificate Printing
Form 10F of Income Tax
Tax Residency Certificate (TRC) for US Entity
Tax Residency Certificate (TRC) for Indian Entity
Company Registration in Ontario, Canada
FSSAI Licence Modification
FSSAI License Renewal
Private Limited Company
US payroll services in India
UK Business Outsourcing Process in India
File CRF Form to change Master Data on MCA
Reply to Notice Under Section 148 of Income Tax Act
Reply to Notice u/s 143(2) of Income Tax Act for Scrutiny Assessment
Reply to Intimation Notice under section 245 of Incone Tax Act
Reply to Defective Notice u/s 139(9) of Income Tax Act
Reply to Income Tax Notice u/s 143(1)(A) for Prima Facie Adjustment
Reply to intimation notice of Section 143(1) of Income Tax Act
Reply to Income Tax Notice Under Section 133(6)
Corporate Legal Advice
LEI Code Registration
Employee Background Verification
US Business Solutions and Outsourcing Services in India
LLC Annual Compliances in Wyoming, USA
LLC Annual Compliances in Florida, USA
E-RCMC Registration under EPCES in India
Annual Filing & Bookkeeping & Accounting Service for Partnership Firm
ITIN Registration in the USA
Offshore Staffing Services in India
SEO Services in India
Content Writing Services in India
File Form 10BD Online under Income Tax Act
Annual Filing For Trust in India
Register a company in India from UK
Register a company in India from Germany
Register a company in India from France
Register a company in India from US
LLC Annual Compliances in Delaware, USA
Register a company in India from Canada
Register a company in India from UAE
Register a company in India from Singapore
Register a company in India from Australia
Company Registration in Indiana
Company Registration in California
Company Registration in New Mexico
Company Registration in New York
Company Registration in Texas
Company Registration in Wyoming, USA
Register Company in Florida, USA
Company Registration in Delaware
Annual Filing & Book-keeping & Accounting Service for Proprietorship Firm
Wall Designing
Virtual Office in India
Form 15CA Online Filing – Income Tax
NGO Darpan Registration
Overseas Direct Investment (ODI) through Automatic and Approval Route
HR Hiring and Recruitment Services in India
FLA Return Filing Online to RBI in India
APEDA (RCMC) Registration in India
ROC Annual Compliance for Producer Company
ROC Annual filing for Section 8 Company
ROC Annual filing for Public Limited Company
FCRA Registration Online in India
File Form CSR 1 online
Appeal to CIT- File an Appeal to Commissioner to Income Tax
Reply to Scrutiny Assessment Notice u/s 143(3)
Reply to Income Tax Notice- Know How to Respond to IT Notices
Surrender IEC License Online in India
भारत में कंपनी पंजीकरण / रजिस्ट्रेशन
Drop-Shipping Business in India by Foreigners
OPC Registration in India by an NRI
Company Registration in India- Know how to open a Company in India
Creation of Charge
LLP Registration in India by an NRI
Company Registration in India by an NRI
Right Issue of shares / Right Offerings
Renewal of IEC License
Application for the Extension of Name Reservation
Digital Marketing Services
Company Annual Filings in XBRL filing mode in India
12AA & 12A Registration Process
Trademark Registration / Brand Registration in the USA
Trademark Registration / Brand Registration in UK
Trademark Registration / Brand Registration in Malaysia
Strike Off Company
Payment of TDS return on purchase of property (form 26QB)
Business Advisory Services
Limited Liability Partnership Registration in Mumbai
Limited Liability Partnership
File ROC Form DPT 3 Return of Deposits
Income Tax Returns Filing
ROC Annual Compliance for Pvt Ltd Company
MCA Companies Fresh Start Scheme
LLP Annual Return Filing
MCA LLP Settlement Scheme 2020 (LSS 2020)
DIR 3 E KYC
ISO Certification in India
Run your operations / company in India without any liabilities
Add A Director
Accounting and Compliance Services for Start ups, Small companies, LLP and OPC (Micro Retainership Services)
Foreign Direct Investment through Automatic and Direct Route
Company registration in Bangalore
Apply for FSSAI license or Food license in India
Dormant Company Status Application
Trademark Registration in India
Conversion From Registered Partnership To LLP
Conversion From Registered Partnership To Private Limited Company
Change in Registered Office of LLP
Company Registration in USA
Company Registration in Malaysia
Company Registration in UK
Logo Design Services
Conversion of Private Limited Company to OPC
Opening a Branch in India by a Foreign Company
Nidhi Company Annual Filing
One Person Company (OPC) Registration in Mumbai
IEC Registration in Mumbai
Trademark Registration in Mumbai
Private Limited Company registration in Mumbai
Form GSTR 1
Maharashtra Professional Tax
Premium Retainership Services in India
MicroFinance Company registration
Conversion of Section 8 Company to Private Limited Company
DPIIT Startup Recognition certificate
RBI Form FC-GPR
Charge Registration on property
RBI Form FC-TRS
EPF Registration
PAN Application
Digital Signature
IEC Registration
TAN Application
DIN Application
GST Registration
Nidhi Company
Producer Company
Hindu Undivided Family (HUF), HUF Deed
Sole Proprietorship Firm Registration
Public Limited Company
E-Commerce Business
One Person Company (OPC)
Partnership
Indian Subsidiary
Non Profit Organization
GST Returns
CMA Report Preparation
E-Form Commencement of business certificate(form-20a)
Private Limited Company Registration
Startup Advisory Services
One Person Company (OPC)
Private Limited Company Registration
Income tax section 80g(5) registration
Company Registration Process in India for Foreigner- Know How to Open a Company in India
Secretarial Compliance Services
Search Report ROC
Revival of Struck Off Company
Trademark Watch Services
One Person Company (OPC)
Limited Liability Partnership
GSTR 9C filing by CA- GST Annual Audit due date, GSTR 9C FAQs
Tax Consultancy Services
International Trademark Registration Under Madrid Protocol
Surrender of DIN
Trademark Registration Process
LLP Registration Procedure – copy
LLP Registration Procedure – copy
Online LLP Registration and Complete Procedure
Aadhaar Udyog Online Registration
New Form INC-22A
FIND GST RATE, HSN CODE & SAC CODE
Company Registration in India
Hire Purchase
Contract Manufacturing Agreement
Web Development Agreement
Sole Selling Agreement
Underwriting Agreement
Mortgage Deed
Agreement Appointing A Common Arbitrator
Deed of Wakf-Alal-Aulad
Specific Power of Attorney
Foreign Collaboration Agreement Drafting
Joint Venture Agreement
Non- Disclosure Agreement
Franchise Agreement
Agreement to Sell Business
Vendor’s Agreement
Exclusive Distributorship Agreement
Shareholders Agreement
Consumer Complaint Letter
Power of Attorney
Company Name Change
Appointment of Auditors
Removal/Resignation of Director
GST Cancellation
GST LUT Letter of Undertaking
Conversion from Private Limited Company to Limited Liability Partnership (LLP)
Business Plan Preparation (Project Report)
Book-Keeping & Accounting
Trademark Renewal
Trademark Opposition
Trademark Rectification
Trademark Withdrawal in India
Payroll Setup & Processing
ESI Returns
PF Returns
TDS Returns Revision
Removal of Charge
Modification of Charge
MOA/AOA Printing
MOA/AOA Amendment
IEC Modification
Change of Registered Office Address
OPC to Private Limited Company
Conversion of Sole Proprietorship to OPC
Sole Proprietorship to Partnership firm
Conversion from Proprietorship to LLP
Conversion of Proprietorship to Private Limited Company
Conversion of Public Limited Company to Private Limited Company
Private Limited Company to Public Limited
Conversion of Partnership to Private Limited Company
Conversion of LLP to Private Limited Company
Conversion of Partnership to LLP (Limited Liability partnership)
Del Credere Agreement
Lease deed
TDS Returns
Strike Off OPC
Dissolution of Firms
Strike Off LLP
ESIC Registration
GST Modification
OPC Annual Filing
SSI/MSME/Udyog Aadhar Registration
Share Transfer & Transmission
Change in DIN
Add/Remove a Partner in LLP
LLP Name Change
Change in LLP Agreement
Increase in Authorized Capital
Change in Directorship
Patent Registration
Patent Search
Provisional Patent
Copyright Application
Trademark Assignment
Trademark Objections
Trademark Registration
Trademark Registration – copy
Limited Liability Partnership
Conversion into LLP