Saturday, January 12, 2013

striking off companies procedure

Aarti Jain

One of my client want to company strike off without court. That company annual filing has been completed till financial year ended March 31, 2012



please mail me procedure and schemes for strike off company without court.


Earlier reply would be heartly apprecviated


Answer  C K Raja
Dear All,




Strike off of defunct company by the Registrar is explained in the Section 560. If he Registrar of Companies has reasonable cause to believe that a company is not carrying on business or in operation, as the procedure laid in the Act , Registrar can stricke off the name of company.




On outset the life of the company will come to end by winding up mode (voluntary, by Tribunal and Creditors winding Up) which is through the High Court procedure.

whereas without intervention of Court, you have the option under 560.



Even though the company has filed all the statutory filing till date and if the there is no activity in the company for past one year, you can go head stricking off the name as mentioned in 560 of the Act. Please refer "Fast Track Exist Mode" Available in MCA portal.









Regards





Raja CK












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