Closing a private limited Company

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Winding up private company

If your business is not running then the same can be wound up under the law. Company closure could happen owing to many reasons. For closing a private limited company, there can be various internal to external factors. Such as low working capital, voluntary closing business, government policies, and so on.

The provisions of the Companies Act, 2013 govern the striking-off Company. For winding up private company under MCA, you have to file an e-form STK-2. The government fee for the form is Rs 10,000/-. All ROC compliances are mandatory before filing any company closure application.

For any closing application, the company should be one year older. That means only after one year of incorporation, the company can be wound up under the law. Also, at least two years should lapse before the last business transaction.

In the Company closure application, Directors need to file affidavits and indemnity bonds. There should not be any liabilities outstanding in the name of the Company. The name of the Company publishes in the gazette for creditor's/third-party comments. If no objections are received during such time, the closure gets department approval.

Advantages of closing company

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COMPLIANCE FREE

After filing the LLP closure application, there is no need to do further LLP compliances.

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NO PENALTY

After allowing the application for LLP closing, there will not be any penalties. No LLP compliances and penalties levied.

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APPROPRIATE BUSINESS

If the LLP business is not running well, then a new business could be set up and time invested.

Documentation for Strike off Company

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Indemnity Bond notarized by Directors (STK 3).

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Latest financial statements

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Statement of Accounts containing assets & liabilities of the Company

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Affidavit in Form STK 4 by every Company.

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Special Resolution or Consent of 75% Members.

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Bank Account Closure Certificates.

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PAN Card of the Company.

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Board resolution for closure

Packages



Note:


Process involved in registering a Closing a private limited Company

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1

Eligibility for Strike Off

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2

Document Preparation

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3

Application Submission

Requirements for winding up of company

    - The company applying under FTE should not have any asset and liability.
    - The company should not have commenced any business activity or operation since incorporation or at least one year must has been passed since last business activity or operation.
    - The Company has duly filed all the financials to the ROC, till the time of its closure.
Ways of closing a private limited company

    Defunct Company : A defunct company is nothing but a company that is failing to provide compliance to the activities to match the legal levels also the company that is not producing returns and other filings as such to stay legal on the yearly basis. The defunct company can be free from all the legal ties it has, but it differs as the Tribunal is given on the basis of its failure to do any transactions financially and so on.
    Winding up Voluntarily : This type is a situation where the members inside the company decide to wind up all the operations and legal partnership ties the company would have externally. Here the main factor is the passing of special resolution in the board.
    Selling a Private Limited Company : Selling off a Private Limited Company is like providing a voluntary closure, but the thing that differs here is that the control and the total members of the current ownership team are severed off from all the ties with the company and the company given to a new interested buyer and all the properties and legal ties the company has would be transferred to the person who is buying the company.

FAQs About closing a company

Is ROC filing mandatory before company strike off application?
Yes, it is mandatory to file LLP compliances before filing an LLP closure application.
What is the basic Eligibility criteria for closing a company?
The primary factor is that the company must at least be 1 year old in terms of nature of functioning in order to apply for closing.
What is time limit to file Closure documents with ROC?
The Form has to filled be filed with ROC office within 30 days from the date of Signing of the Statement of Assets and Liabilities.
What is Fast Track Exit (FTE) Scheme?
FTE is a company closure scheme initiated by MCA for easy and faster closure of Company. This is a mandatory thing to address in order to close a company.
What is MCA ?
MCA is Ministry of Corporate Affairs which has the database to maintain and also takes care of the complaint rules.

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