Under Section 248(2) of the Companies Act, 2013, a company that has ceased business operations may voluntarily apply for strike-off from the Register of Companies. The company must obtain the required approval of members, settle its liabilities, and file Form STK-2 with the ROC. After verification and publication of notice, the ROC may remove the company’s name from the Register.

PROCESS TO STRIKE OFF A COMPANY
 SECTION 248(2) OF THE COMPANIES ACT, 2013

1. THE PROCESS TO BEGIN WITH MAKING ALL ASSETS AND LIABILITIES ZERO i.e. NIL ASSETS & LIABLITIES
2. CONDUCT BOARD MEETING

• Passing a Board resolution – to strike off the name of the Company
• Authorize directors of the Company make an application to ROC
• Approve the Statement of Assets and Liabilities
• Authorizing the consultant to represent the company
• Approve notice of general Meeting

3. CONDUCT GENERAL MEETING

• Passing a Special Resolution – to strike off the name of the Company
• File E-form MGT-14 within 30 days

4.  APPLICATION TO ROC IN FORM STK-2 WITH FOLLOWING DOCUMENTS

• Indemnity bond duly notarized by each director in form STK 3
• A statement of accounts form STK-8 having nil assets and liabilities, not more than 30 days before the date of application and duly certified by a chartered accountant
• An affidavit in form STK 4 by each director of the company
• CTC of board and special resolution duly signed by each director
• A statement with respect to any pending litigations, involving the company

5. PROCESS TO BE FOLLOWED BY ROC

• After receiving an application, ROC shall publish a public notice in form STK -6 and invite objections, if any, within 30 days of the publication.
• If no objection is received, ROC shall strike off the name and dissolve the company by publishing notice in the official gazette in form STK-7.
• The company shall cease to operate from the date the Certificate of Dissolution is issued by the ROC.

Note:-

• It is necessary to complete all annual filings before making an application for strike off.
• The Company will place the copy of application on its website, IF ANY, till the disposal of the application