Strike-Off Company/ LLP/ OPC
On incorporation of a company, a certificate of registration is issued from the government of India with the condition that the company has come into existence from the date of registration and the name of the company is entered in the Register of Companies. Once name is registered, it cannot be removed from the register unless the company dissolved by the process of law. But in case the company failed to commence business within one year of date of registration the company become Defunct and in such situation the registered is authorized under sec 560 to striking the name of the company or remove the name of the company from the Register of Companies.
Procedure for striking off by company on its own
Pass Board resolution:
When the company wants to strike off the name from the Registrar, he need to passé a resolution in the properly held Board meeting and mention in the resolution the company proposed to strike off the name of the company and send it to the ROC with an application for the purpose.
An affidavit signed by the Director and confirms that the company has no asset or liabilities and the company is not in operation.
Indemnity from the director, in case of any liability exist the director will pay that before striking the name of the company form the registrar.
Procedure for Striking off by the Registrar on its own motion
Letter of Enquiry:
when the registrar has reason to believed that the company is not in operation, he shall send a letter of inquiring whether the company is in operation.
Notice threatening striking off:
If the registrar not received any reply from the company within one month of previous letter, send to the company second letter and stating that if again no reply is being received within one month from the letter then a notice is being published to the official gazette to strike off the name of the company.
Final notice of removal:
If the registrar in response to the letter received reply that the company is not in operation or do not received any reply then he may proceed to strike off the name of the company.
It can strike in two ways:
- A notice is send to the official gazette that with the expiration of three month from the date of notice, the name of the company is strike off.
- The above mentioned notice is send to the company as well as to the Income Tax department.
- Similar procedure for publication of notice in the official gazette is taken.
After the expiry of three month from the notice if no reason has been shown by the company the name of the company strike off from the register and published the same in the official gazette.