A strike off company, also known as a struck off company or a dissolved company, is a company that has been removed from the official register of companies and is no longer legally in existence. This can happen voluntarily, when the company chooses to dissolve and winds up its affairs, or involuntarily, when the government or other authorities remove the company from the register due to non-compliance or other reasons. Once a company is struck off, its assets are typically liquidated and distributed to creditors or shareholders according to applicable laws and regulations.
Closing a company in India involves a number of legal procedures and requires the submission of specific documents to the government. It is important to ensure that all the necessary documents are submitted accurately and on time to avoid any legal issues. In this article, we will discuss the documents required for closing a company in India.
1. Board Resolution
The first document required for closing a company in India is a board resolution. The board of directors must pass a resolution approving the closure of the company. The resolution should include the reason for closure, the proposed date of closure, and the approval of all the directors.
2. Shareholders’ resolution:
After the board resolution, the shareholders of the company must approve the closure. A special resolution must be passed by the shareholders with a three-fourths majority vote. The resolution should include the reason for closure, the proposed date of closure, and the approval of all the shareholders.
3. Indemnity bond:
All the directors of the company must submit an indemnity bond to the Registrar of Companies. The bond should state that the directors will indemnify any person for any losses arising out of the closure of the company.
4. Affidavit:
All the directors of the company must submit an affidavit stating that the company has no outstanding liabilities or dues. The affidavit should also include details of the company’s assets and liabilities as of the date of closure.
5. Financial statements:
The financial statements of the company must be prepared up to the date of closure. The statements should include the balance sheet, profit and loss statement, and the cash flow statement. The financial statements must be audited by a chartered accountant and should be submitted to the Registrar of Companies.
6. Annual Returns
All the annual returns of the company must be filed up to the date of closure. The annual returns should be filed for the current financial year and the previous financial year. The returns must be submitted to the Registrar of Companies.
7. PAN card and Aadhar card:
The PAN card and Aadhar card copies of all the directors of the company.
8. Form STK-2:
The application for strike off in Form STK-2, which needs to be duly filled and signed by the designated director.
All these documents need to be submitted to the RoC along with the necessary fees. Once the RoC is satisfied with the documents and approves the strike off application, the company will be struck off from the RoC’s register.
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