winding up of a company
This query is : Resolved
08 June 2017
Hi experts, can any one tell what are the procedure to be followed while winding up of a private limited company.The said company is not operating in any activities from the beginning..
please help me with this..
Thank you
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08 June 2017
Procedure ,forms to be filed etc are available in Notification GSR 1174(E) dated 26.12.2016 . Please see the said notification in http://www.mca.gov.in/Ministry/pdf/Rules_28122016.pdf
09 June 2017
Thanks sir, Should we require to submit books of account from 2008-09 to till date ..to wind up the company..
03 August 2025
For winding up a private limited company that has been non-operational since the beginning, here’s a simple guide based on the latest MCA notification GSR 1174(E) dated 26.12.2016 you referred to:
1. Eligibility:
Company has not commenced any business or has been inactive since incorporation.
No outstanding liabilities or pending legal cases.
All statutory compliances (like filing of annual returns, financial statements) up to date or regularized.
2. Procedure to Apply for Strike-Off (Fast Track Exit):
Board Meeting: Approve resolution for initiating winding up by strike-off.
Form STK-2: File application for strike-off of the company with MCA.
Affidavit and Declaration: Directors must submit an affidavit and a declaration confirming eligibility criteria (no business, no liabilities, etc.).
Payment of Fees: Pay the prescribed filing fee.
3. Regarding Books of Accounts (2008-09 to date):
Generally, for companies that have not carried out business, maintaining books of accounts is minimal or nil.
However, if books are maintained, you need to produce them if required during the winding up or any legal or tax scrutiny.
MCA or ROC may ask for records to ensure no dues/liabilities exist.
It is advisable to have at least the basic financial statements and statutory records updated to support your application.
4. MCA’s Role:
MCA will verify the application and documents.
If satisfied, MCA will issue a Public Notice for objections (if any).
After 30 days of the notice, if no objections are received, MCA will strike off the company’s name from the register.
5. Summary of Documents/Forms Required:
Board Resolution approving winding up by strike off.
Form STK-2 for strike off application.
Affidavit and declaration by directors.
Statement of no liabilities.
Payment of fees.
Useful Link for Notification & Forms:
MCA Notification GSR 1174(E) dated 26.12.2016
1. Eligibility:
Company has not commenced any business or has been inactive since incorporation.
No outstanding liabilities or pending legal cases.
All statutory compliances (like filing of annual returns, financial statements) up to date or regularized.
2. Procedure to Apply for Strike-Off (Fast Track Exit):
Board Meeting: Approve resolution for initiating winding up by strike-off.
Form STK-2: File application for strike-off of the company with MCA.
Affidavit and Declaration: Directors must submit an affidavit and a declaration confirming eligibility criteria (no business, no liabilities, etc.).
Payment of Fees: Pay the prescribed filing fee.
3. Regarding Books of Accounts (2008-09 to date):
Generally, for companies that have not carried out business, maintaining books of accounts is minimal or nil.
However, if books are maintained, you need to produce them if required during the winding up or any legal or tax scrutiny.
MCA or ROC may ask for records to ensure no dues/liabilities exist.
It is advisable to have at least the basic financial statements and statutory records updated to support your application.
4. MCA’s Role:
MCA will verify the application and documents.
If satisfied, MCA will issue a Public Notice for objections (if any).
After 30 days of the notice, if no objections are received, MCA will strike off the company’s name from the register.
5. Summary of Documents/Forms Required:
Board Resolution approving winding up by strike off.
Form STK-2 for strike off application.
Affidavit and declaration by directors.
Statement of no liabilities.
Payment of fees.
Useful Link for Notification & Forms:
MCA Notification GSR 1174(E) dated 26.12.2016
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