Procedure for strike off under companies act, 2013

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Querist : Anonymous

Querist : Anonymous (Querist)

27 January 2015 Can anybody please provide me procedure for strike off according to Companies Act, 2013

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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28 January 2015 1. Pass a resolution by the Board of Directors of the company to the effect that an application be made to the Registrar of Companies to have the company struck off the Register of Companies under section 560.

2. A application shall be made to the Registrar in FORM FTE in electronic mode for striking the company off the Register
The application should be accompanied by:
A duly certified statement of account by a chartered accountant in whole-time practice or statutory auditor of the company (As per annexure C of the Guidelines) (Mandatory)
o Copy of Board resolution showing Authorisation given for filing this application (Mandatory)
o Affidavit (to be given individually by director(s)) (As per annexure A of the Guidelines)(Mandatory)
o Indemnity bond (to be given individually or collectively by director(s) (As per annexure B of the Guidelines) (Mandatory)
o In case application is not digitally signed by the company representative, physical copy of application duly signed by the director, Managing Director, manager or secretary authorised by the Board of Directors (Mandatory in case ‘No’ selected in field 10)
o Copy of no objection certificate (NOC) from concerned administrative Ministry/
Department/ State Government (Mandatory in case of a Government company)
o Any other information can be provided as an optional attachment

3. Upon approval of this Form, status of the company shall be changed to ‘Struck off’ from the register of companies