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How to close a company

24 January 2019

Hi,

I have registered a Private limited company in 2016 under Company act. 2013 but have not filled ROC since then. Have not carried any business type transaction yet however i have paid office rent & deposited some amount few times in company current account. And i have also filled last year NIL income tax. but due to circumstantial problems i can not carry on with this company.

So can someone tell me that how i can close this company? Or what will happen if i leave as it is and do not carry any business?

Please help.

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10 Replies

fipik com (11 Points)
Replied 24 January 2019

can anyone help?

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fipik com (11 Points)
Replied 25 January 2019

Anyone?

Deepen (Company Secretary) (144 Points)
Replied 27 January 2019

since two years have elapsed and you have not filed annual return with ROC, you shall file application to obtain status as Dormant Company.

1 Like

Diksha Dubey (22 Points)
Replied 27 January 2019

hii

since you haven't done any significant transaction anytime in the past and have not filed with RoC, you can opt for the status of a Dormant Company by filing MSC 1 with RoC and availing such benefits as are available to a dormant company. If you feel like activating your company anytime again in future, you may again apply to RoC for obtaining the status of a dormant company.

but if you simply want to close your company, you may yourself apply to RoC for striking off your company's name from the register.

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fipik com (11 Points)
Replied 27 January 2019

Originally posted by : Diksha Dubey
	hiisince you haven't done any significant transaction anytime in the past and have not filed with RoC, you can opt for the status of a Dormant Company by filing MSC 1 with RoC and availing such benefits as are available to a dormant company. If you feel like activating your company anytime again in future, you may again apply to RoC for obtaining the status of a dormant company. but if you simply want to close your company, you may yourself apply to RoC for striking off your company's name from the register.

How can i apply for Striking off my company name to ROC?

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Diksha Dubey (22 Points)
Replied 28 January 2019

you may after extinguishing all the liabilities,by consent of at least 75% members in terms of paid up share capital,file an application to the registrar for removing the name of the name of the company from register of companies

fipik com (11 Points)
Replied 28 January 2019

Originally posted by : Diksha Dubey
	you may after extinguishing all the liabilities,by consent of at least 75% members in terms of paid up share capital,file an application to the registrar for removing the name of the name of the company from register of companies

Do you mean that i have to first clear all ROC dues before Striking off request?

Diksha Dubey (22 Points)
Replied 28 January 2019

yes...no dues should be outstanding in the name of your company before striking off

Vatsla Alagh (1545 Points)
Replied 30 January 2019

Yes u can apply for voluntary strike off the name of ur cmpny. However, ROC may ask u to cmplte ur annual filings first then only u can apply for closure. U should not leave ur cmpny as it is bcz ROC might issue notice to ur cmpny and also disqualify the concerned directors. You can DM me for more details. I am currently dealing with strike off cases.

fipik com (11 Points)
Replied 31 January 2019

Originally posted by : Vatsla Alagh
	Yes u can apply for voluntary strike off the name of ur cmpny. However, ROC may ask u to cmplte ur annual filings first then only u can apply for closure. U should not leave ur cmpny as it is bcz ROC might issue notice to ur cmpny and also disqualify the concerned directors. You can DM me for more details. I am currently dealing with strike off cases.

DM sent. Please check and respond. thanks