There are two modes of strike off Company, it can be By ROC itself on suo moto under Section 248(1) of the Act or By way of filing application by the Company under Section 248(2).
Following companies cannot remove its name from the register of companies:
Application by company to ROC for removal of its name from Register of Companies is made in STK-2 form and normal fees for filing this form is Rs. 10,000.
In case, the Directors or Company fails to filed the reply for strike off notice and ROC has strike off the company then ROC can take below mentioned action:
Disqualification of Directors: The Directors will be disqualified for the period of five years.
De-activation of DIN: The DIN would be deactivated for all Directors due to disqualification and once it becomes deactivated then it will lead to non filing in other companies also in which same person is Director and the Director holds deactivated DIN cannot register a new company or be a director, in any other company.
|STK-1||Notice from RoC for strike off on it’s own motion||ROC|
|STK-2||Application for Voluntary removal of name of the Company||Company|
|STK-5||Publication of notice in case notice for strike off by ROC suo moto u/s 248(1)||ROC|
|STK-6||Publication of notice in case of Voluntary strike off.u/s 248(2)||ROC|
|STK-7||Notice of striking off and dissolution of Company||ROC|
if a company stands dissolved under section 248, it shall from the date provided in the notice of dissolution ceased to operate as a company and the Certificate of Incorporation issued deemed to have been cancelled from such date except for the purpose of realizing the amount due to the company and for the payment or discharge of the liabilities or obligations of the company. The liability, if any, of every director, manager or other officers of the Company shall continue and may be enforced as if the company had not been dissolved.
In addition, the company which has been struck off can get a chance to restore its name in the register within 20 years of being struck off with the permission of Tribunal.
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