Voluntary winding up

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This query is : Resolved

Sugyata Choudhary (Querist)

22 November 2020 How much time does the process of voluntary winding up for small companies through the Regional Directors office take ? Can anyone help ne with the process ?

CS Rashi Jain

CS Rashi Jain (Expert)

23 November 2020 While applying for striking off of company, two forms are required:-
a) E-form MGT-14
b) E-form STK-2
Procedure: i) Authorize officer or any director of the company to convene a Board Meeting.
ii) Sending of Board Meeting Notice atleast seven (7) days prior to board meeting along with detailed agenda.
iii) Convene Board Meeting and passing of Board resolution.
iv) Sending Notice of Annual General Meeting / Extra-Ordinary General Meeting as the case may be
v) Convene General meeting and passing of Special Resolution.
vi) Filing of MGT-14 along with required attachments. i.e CERTIFIED COPY OF SPECIAL RESOLUTION.
vii) Filing of STK-2 along with required documents i.e. Indemnity Bond duly notarized by all directors (in Form STK 3).
A statement of liabilities comprising of all assets and liabilities of the companies (certified by a Chartered Accountant).
Certified true copy of Special Resolution (duly signed by every director of the company).
Copy of Board resolution authorizing the filing of this application.
An affidavit in Form STK-4
A statement concerning any pending litigations with respect to the company.
Copy of relevant order of delisting, if any, from the concerned stock exchange.
No objection certificate from relevant regulatory department in case company is governed by such department.
viii) Registrar of companies after finding that all the attachments are fine and all the conditions are fulfilled and it is just and equitable to strike off the company, will strike off the company.
The whole process will take approx 2-3 months and fees is Rs. 10,000. This process might take extra time or even reject the application.

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