For some reason, you may have opened up a private limited company but not all companies are successful. Instead of keeping your company inactive, it is better to voluntarily carry out the closure of the company and stay-free from the burden of compliances. This article can provide you with a holistic approach to closing down an unsuccessful private limited company
Exclusive benefits
Avoid compliances
If the company is no more functional it is better to opt for closure of the company to prevent any unnecessary MCA compliances and procedures which can absolve the directors of the company from being responsible later on.
Avoiding penalties and fines
If the company is dormant or defunct, the closure of the company will save unnecessary fines and penalties for noncompliance.
Convenient to close
Unlike before the private limited company has been convenient to close like never before. You can use two options to close- Fast Trick Exit Mode and by granting the “Dormant” status.
Checklist for closure
Here is a checklist of the procedures you need to carry out for closure of the company
- Fill up the FTE or Fast Trick Exit application form available on the MCA website
- After 30 days the Registrar will issue a certificate for the closure of the company.
How to close?
- At first, a board resolution must be passed by the BOD for approving the closure of the company.
- Cancel all the Bank accounts and statutory registrations with the government in the name of the company.
- The directors must sign an affidavit stating that the company has closed all its accounts,
- Has nil assets and liabilities and no business activity has been carried out for the past one year at least.
- Also, no statutory dues must be pending and the reasons for the closure have to be disclosed in the affidavit.
- An indemnity bond is required to be executed for indemnifying any person for any loss that may arise due to the closure of the company.
- It will also indemnify to settle any lawful claims that may arise according to the closure.
- Head over to the MCA website and fill up the FTE form and get it digitally signed by the authorized director.
- The application for closure will cost INR 5000.
- After receiving the application, the Registrar will display the name of the company on the website for 30 days.
- It will notify anyone who objects to the closure of the company.
- If there is no objection,
- The Registrar will proceed to issue a certificate of closure signifying that the name of the company from the list of companies in the register maintained by ROC has been struck off.
Documents required for closure
- Board of directors’ approval for closing down the company
- Affidavit of a declaration by the directors with details prescribed in form STK 4
- Indemnity bond indemnifying the loss of personnel due to closure in form STK 3
- FTE application
FAQs
When can an application for strike off of the company be filed?
It can be filed when the company absolves itself of all its liabilities by paying them and obtaining of No Objection Certificate or NOC.
How to know if the company is dissolved?
The Roc will publish a list of companies struck off in the Official Gazette.
What is the Fast Trick method?
It is a scheme introduced by the MCA which makes it easier for inactive companies to close down with fewer compliances and formalities.
Can the company struck off be restored?
If the company has been struck off due to its default, it will have to appeal to the Tribunal for changing the status of the company for valid reasons.
How long does it take for a strike-off?
It takes 90 days for MCA to strike off the name from the register of companies.
Is it necessary to intimate Registrar for closure?
It is mandatory to intimate the Registrar for the data to be updated to the latest on the MCA portal.
How to know if a company is defunct?
A company is defunct when it has not carried out business in the past year at least and has nil asset and liability
How to access the Fast Trick Exit form?
It is available on the MCA website.
What is the cost of application for closure?
The cost is INR 5000.
What is STK 4?
It is an affidavit of a declaration signed by the directors.