Closure/Strike off of Company

If any company is not operating and the promoter or Directors wishes to close the operation without the process of winding up, they can do it under section 248 “voluntary removal of name”. in this case, the company need not go for winding up or liquidation process. Directly the Company’s name will be removed from the register of companies.

  • The company did not commence its business within 1 year from incorporation.
  • Company is not carrying on any business for a period of 2 years or more.
  • The subscribers to memorandum have not paid the subscription money and fails to file Form INC 22 A.
  • After the physical verification by ROC, it is reveled that the Company operate any business.

Closure/strike off of LLP

Like Companies, LLP also comes under the authority of Registrar of Companies (ROC). If any LLP wishes to close (without following the winding up process) shall make an application to ROC for voluntary removal of name from the registrar of LLPs by following certain legal process pursuant to Rule 37 of the Limited Liability Partnership Rules 2017. The Registrar of Companies may strike off the LLP if the same is not carrying on business for a period of 2 years or no office functions at the registered office at the time of inspection.

  • Both LLP and Companies are eligible for voluntary closure only if the entity extinguishes all the assets and liabilities at the time of application.
  • The Company should  not be operational at the time of making the application by 2 years.
  • All the pending returns, financial filings to be complied up to date.
  • No pending litigation against the Company or LLP at the time of making the application.
  • The Company or LLP must not have received Notice from the ROC.
Winding up and closure are two different events. Closure of companies (Voluntary Striking off) prescribed under Section 248 of the companies Act and in case of LLP section 34 of LLP Act.
# Closure or strike off Winding up
1 Mandatory for 2 years inoperative in case of Company, 1 year in case of LLP. No such condition, even an operating company / LLP can apply for winding up.
2 No asset or liability shall exist at the time of closure. No such condition, company / LLP can have asset or liability.
3 After closure, the company / LLP may be revived. Upon windup, revival is not possible.
4 Less cost for closure or strike off. High cost due to more compliance and procedures.
5 Closure takes appx.3 to 4 months. Winding up takes appx. 4 to 6 months.
6 Lesser documentation for closure. Detailed documentation required for winding up.

Closure/Strike-Off of Company/LLP at Just 50,000/-

All Inclusive Pricing – No Hidden Fee


Revival of Company/LLP at Just 75,000/-

All Inclusive Pricing – No Hidden Fee


Process of voluntary closure of Company / LLP:

  1. 1. Approval of the Board of Directors in case of Company to closure of the Company under Section 248.
  2. 2. Approval of Members and Partners in case of LLP to be obtained and necessary documents to be prepared.
  3. 3. Prepare necessary documents viz., affidavit, declaration and financials and statement of accounts.
  4. 4. Application for closure of the Company to be made in form STK 2 and form – 24 in case of LLP.

5. ROC upon scrutiny, approves the application and issue public notice for any objection for closure of LLP or Company.

6. If no object received, the Company or LLP’s name will be removed from the registrar of Companies or LLP.

7. certificate for closure will be issued by the ROC upon completion of the process.


Why Truzly is needed for Closure or Strike-Off of Company / LLP

Truzly supports right from your incorporation till closure of the Company or LLP. We ensure the closure process is smooth, quick and properly documented to avoid any rejections or issues at the later stage. We have qualified company secretaries with more than 10+ years of experience in the field of corporate compliance. Go with professionals and go with Truzly, one stop solution for company or LLP closure or revival services.


Truzly professionals are ready to serve you for closure/Strike-Off and gamut of services

Closure/Strike-Off of company/LLP
  • Just 50,000 Only/-
  • Drafting of documents, statement of accounts and affidavits etc.,
  • Filing of Strike off forms with ROC
  • Includes Government fee
  • Closure of Bank account
  • Cancellation of GST registration
Note:

  1. The Company or LLP should not be operational for a period of 2 years.
  2. Directors / partners should not be disqualified.
  3. There should be no pending litigations, statutory payments or filings at the time of closure application.

Revival of Company or LLP

Revival is a process of bringing the Company or LLP back into legal form which was struck off by Registrar of Companies. Generally, even an operating company may be struck off due to non-filing of annual returns, financials for more than 3 years. There is a possibility that the company or LLP may be operating or even hold assets in its name.

If any company is struck off, the same can be revived by the shareholders, creditors or employees within a period of 20 years from the order. Such process is called revival and it should be filed in the form of Company Application before the National Company Law Tribunal within the jurisdiction. Revival brings the status of LLP or Company into active and operating company.

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Truzly’s revival service: We provide revival of your struck off Companies or LLPs and ensure the same is back in normal operation. Further we support to make good all the non-compliance, irregularities by following necessary process and procedures. Truzly’s expert are ready to serve you and we are part of your business. We work within the given timeline and deliver the desired result to the core.

Revival of Company or LLP
  • Just 75,000 Only/-
  • Drafting of petition, affidavits and other documents etc.,
  • NCLT fee included
  • Includes appearance before NCLT (unlimited)
  • All incidental expenses viz., Printing, courier and related charges for revival
  • Restoration of GST registration
Note:Revival is a legal process and discretion power of NCLT, we put all our effort to serve you but may not guarantee on favourable order just like any other court proceedings.

FAQ’s and Useful insights on Closure / Strike-Off:

No. upon strike off, the legal status of the company comes to an end. No Director/ Partner or employees can operate or continue to do business in the name of the Company or LLP. If they continue, it is an office which attract heavy penalty and liable for imprisonment as well.
Since strike off is the end of status, Directors or Partners also vacate their office and shall not continue to act on behalf of the Company. Upon revival, their status of Directorship.
No. As per the RBI guideline, once the company’s name is removed by ROC, the bank should freeze the bank account. Properties if any in the name of LLP or company cannot be sold and even if sold, it is void. Only upon revival of the Company or LLP, all transaction undertaken.
It is a court proceeding and approval of the National Company Law Tribunal will take around 3 to 5 months from the date of petition  till receipt of order. (subject to court vacation or any other unprecedented event).
No. generally, struck off company names are not available for new incorporation.
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