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striking off

valliammai (nil) (36 Points)

11 May 2019

what is the procedure for striking off company. whether general meeting is also to be convened for obtaining the consent of members?

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5 Replies

Meghraj (Student) (27 Points)
Replied 11 May 2019

I guess no. SOA is required though.

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rohan workspace (66 Points)
Replied 13 May 2019

General meeting needs to be convened for passing SR or consent of 75% share holder

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Arun M (Assistant Company Secretary) (85 Points)
Replied 14 May 2019

For Striking Off the Company from the Register of Companies maintained by the ROC.

All you need is to file e-form STK-2.

For Private Limited Company :

1. The Board should pass necessary Board Resolution for Strike Off & to call of for AGM or EGM

2. To get report from Statutory Auditor to that effect - Statement of Accounts

As per Section 248 (4) (e) read with Companies Amendment Ordinance 2018 dt: 02.11.2018 Section 12 Sub Section (9) and Companies Amendment Ordinance 2019 - Liabilites to be write off with the Assets

3. To conduct AGM or EGM

4. To pass the transactions as special business and pass special resolution.

5. To file MGT-14 the proceedings took place in EGM or AGM to ROC

6. To prepare Affidavit in STK-3 & Indeminity Bond in STk-4 from all directors

7. Finally file eform STK-2 along with all above enclosures.

Note: As per MCA Notification dated 08.05.2019 "No application in Form No. STK-2 shall be filed by a company unless it has filed overdue returns in Form No. AOC-4 (Financial Statement) or AOC-4 XBRL, as the case may be, and Form No. MGT-7 (Annual Return), up to the end of the financial year in which the company ceased to carry its business operations

Kindly go with the link provided for the Latest Notification w.r.t. Removal of Names (Amendment Rules 2019)

https://www.mca.gov.in/Ministry/pdf/AmendmentRules_08052019.pdf

Hope it is useful for striking off the company.

Regards,

Arunachalam M

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valliammai (nil) (36 Points)
Replied 14 May 2019

thank u ...

kishan (Student CS) (25 Points)
Replied 15 February 2020

Company has Share Capital of ₹100000 , Auditor of company is not ready to show 100000 P&L Debit Balance as the company has not incurred loss. how to prepare stk-8. ?