COMPANY STRIKE OFF
| Basic | Advance |
|---|---|
| ✔ Roc Filing | ✔ Roc Filing |
| ✔ Documentation | |
| ✔ Professional Consultancy |
Company Strike Off in India
Company Strike Off in India – Overview
If your company has become inactive, is no longer carrying out business operations, or you simply wish to shut it down voluntarily, the most cost-effective and legally recognized method is the Company Strike Off process under Section 248 of the Companies Act, 2013.
At Bharat eFiling Point, we help startups, small businesses, and entrepreneurs legally close their private limited company, LLP, or OPC through a smooth, compliant, and fast-track strike-off procedure with the Registrar of Companies (ROC).
What is Company Strike Off?
A strike off is the legal removal of a company’s name from the Register of Companies by the ROC. Once struck off, the company ceases to exist and cannot carry on any business. This is applicable for companies that:
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Are not doing any business or operations for the last 2 or more years
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Are non-functional or dormant
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Want to voluntarily shut down
It can be done voluntarily by the company or initiated by the ROC in case of non-compliance.
Eligibility for Company Strike Off
A company can apply for strike off if:
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It has no liabilities or has cleared all dues
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Has not commenced any business since incorporation OR
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Has not carried out any business for the last two financial years
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Has filed all statutory returns, ITRs, and annual filings up to date
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It is not involved in any legal proceedings, fraud, or investigation
Documents Required for Strike Off Application
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Board Resolution for closure
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Shareholders’ consent through special resolution (if required)
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Indemnity bond (Form STK-3)
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Affidavit by directors (Form STK-4)
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Statement of accounts (not older than 30 days)
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Copy of PAN and Certificate of Incorporation
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Letter of No Objection from creditors (if any)
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IT return acknowledgment and ROC filings
Step-by-Step Process for Company Strike Off in India
1. Board Meeting
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Approve closure decision
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Authorize a director to initiate the strike-off process
2. Shareholder Approval
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Conduct an EGM if required
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Pass a Special Resolution (not required for OPC)
3. Clear All Liabilities
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Settle outstanding payments, taxes, salaries, and dues
4. Prepare & Submit Documents
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Draft affidavits, indemnity bond, financial statements, and board resolutions
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Prepare application under Form STK-2
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Pay government fees
5. Filing with ROC
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Submit application and supporting documents
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ROC reviews the application
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Company is published in the Official Gazette
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If no objections are received, the ROC issues Strike Off Notice
ROC Strike Off vs Voluntary Strike Off
| Particulars | Voluntary Strike Off | ROC-Initiated Strike Off |
|---|---|---|
| Who initiates? | Company voluntarily | ROC on non-compliance |
| Legal Control | Full control with the company | No control, initiated by ROC |
| Better for Compliance? | Yes | May affect reputation |
| Cost & Process Time | Predictable and efficient | May involve penalties or delay |
Benefits of Company Strike Off
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✔️ Avoid future compliance burden
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✔️ Save money on statutory filing and audits
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✔️ Avoid penalties and late fees
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✔️ Legally close your business with no liabilities
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✔️ Fast-track exit for dormant or failed startups
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✔️ Clean closure with ROC and MCA records
Penalties for Non-Closure of Inactive Company
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Late filing fees
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Disqualification of directors (Section 164)
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Penalties for non-filing of returns (up to ₹1 lakh)
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MCA or ROC may initiate compulsory strike-off with additional consequences
Why Choose Bharat eFiling Point for Company Strike Off?
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End-to-end service – documentation, drafting, and ROC filing
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Guidance from experienced compliance professionals
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Transparent pricing with no hidden charges
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Quick turnaround time
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PAN India support for all types of companies – Pvt Ltd, LLP, OPC
Thinking about closing your company in India?
Let Bharat eFiling Point help you exit legally and efficiently with zero stress.
Company Annual Filing Pvt vs LLP
| FEATURES | Pvt | LLP |
|---|---|---|
| DOCUMENTS | Appointment of Auditor - ADT 01, INC 20 A form filing, DIR 3 KYC (For 2 directors), Accounting & Bookeeping(Upto 100 transactions), Financial statement preparation, Accounting software (1-year license), AOC 4, MGT 7 & ADT filing, Annual filing(Upto turnover of 20 lakhs), Facilitation of Annual General Meeting, Preparation of Minutes & Filing of AGM Report, GST Returns Filings (12 Months), One Year Income Tax filing(Upto turnover of 20 lakhs), Statutory regulations PF, ESI, TDS*, Payroll, PF & ESI filing (Up to 5 employees). | Form 8 & 11 filing(One year), DIR 3 KYC (For 2 directors), Accounting & Bookeeping(Upto 100 transactions), Financial statement preparation, Accounting software (1-year license), GST Returns Filings (12 Months), One Year Income Tax filing(Upto turnover of 20 lakhs), Statutory regulations PF, ESI, TDS*, Payroll, PF & ESI filing (Up to 5 employees). |
| Time | 7-9 working days | 7-9 working days |
Documents Required for Company Strike Off in India
To strike off a company in India, the following documents are required:
- Application for Striking Off the Company (Form STK-2): This main application form is duly filled and signed by designated directors and shareholders. It contains the name and details of the applicant company, reasons and eligibility for strike off as per Companies Act 2013, relevant declarations and verifications by directors, list of documents attached along with the application, and details of pending litigations and assets/liabilities (if any).
- Director’s Declaration (Form STK-3): This document contains a statement that the company wasn’t carrying out any business since a certain date, declaration that the company has no assets or liabilities as on date, disclosure regarding pending legal cases and obligations (if any), confirmation that the company can be struck off, and indemnifying the RoC against any claims arising out of strike off.
- Indemnity Bond (if applicable): If the company has any pending liabilities or obligations, the directors and shareholders must jointly submit an indemnity bond undertaking to clear those dues even after the strike off. This indemnifies the RoC against future claims by creditors, lenders etc..
- Affidavit of Compliance: This affidavit is sworn before a Public Notary by a director affirming that the company has complied with the Companies Act 2013, all statements made in the strike off application are correct, the company is not carrying out any business activity, and no public interests will be adversely affected by the strike off.
- Statement of Accounts: This document is a detailed statement of the company’s financial position.
- Copy of the Board Resolution: A true copy of the special resolution passed in the board meeting, authorizing the filing of the application for striking off the company.
- Copy of Special Resolution: A true copy of the special resolution passed in the Annual General Meeting or Extraordinary General Meeting, authorizing the filing of the application for striking off the company.
- Statement of Liabilities: A statement of all assets and liabilities of the company, attested by a chartered accountant.
- Indemnity Bond: A notarized indemnity bond by directors, in form STK-3.
- Acknowledgement of Last ITR Filed: A copy of the acknowledgement of the last income tax return filed by the company.
- Bank Account Closer Statement: A statement from the bank, showing the closing balance of the bank account of the company.
- ID Proof of Directors: A copy of the ID proof of all the directors of the company5.
These documents are essential for the voluntary strike off of a company in India. Neglecting this crucial paperwork can lead to complications and failure of the strike off application. It is advisable to seek legal counsel to ensure the correct drafting and submission of these documents.
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