Company Closure

The registrar if having a reasonable cause may send notice in Form STK-1 of Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 to the Company and all the Directors of the company, Informing his intention to remove company’s name from the record and request company to send its representations along with supporting documents within thirty days from the date of notice. This process can also be called as Compulsory removal of name from registrar of companies

1) Listed companies; 2) Companies that have been delisted due to non-compliance of listing regulations or listing agreement or any other statutory laws; 3) vanishing companies; 4) Companies where inspection or investigation is ordered and being carried out or actions on such order are yet to be taken up or were completed but prosecutions arising out of such inspection or investigation are pending in the Court; 5) Companies where notices under section 234 of the Companies Act, 1956 (1 of 1956) or section 206 or section 207 of the Act have been issued by the Registrar or Inspector and reply thereto is pending or report under section 208 has not yet been submitted or follow up of instructions on report under section 208 is pending or where any prosecution arising out of such inquiry or scrutiny, if any, is pending with the Court; 6) Companies against which any prosecution for an offence is pending in any court; 7) Companies whose application for compounding is pending before the competent authority for compounding the offences committed by the company or any of its officers in default; 8) Companies, which have accepted public deposits which are either outstanding or the company is in default in repayment of the same; 9) Companies having charges which are pending for satisfaction; and Companies registered under section 25 of the Companies Act, 1956 or section 8 of the Act.

MCA disclose the company as "STRIKE OFF" on the portal after striking it off.

The company can file an application in E-form STK-2 with Registrar of Companies suo-motto after extinguishing all its liabilities, by special resolution or with the consent of seventy five percent of the members in terms of paid up share capital, to the Registrar for removing the name of the Company on all or any of the above mentioned grounds

The companies making an application voluntarily with respect to provision as mentioned in section 248(2) of the companies act,2013 be restricted if, at any time in the previous three months, the company- 1)Has Changed its name or shifted its registered office from one State to another; 2) has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business; 3) has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement; 4) has made an application to the Tribunal for the sanctioning of a Compromise Or Arrangement and the matter has not been finally concluded; or 5) is being wound up under Chapter XX, whether voluntarily or by the Tribunal or under the IBC,2016.

The company can file an application in E-form STK-2 with Registrar of Companies suo-motto after extinguishing all its liabilities and after following prescribed procedure.