Possible to file STK-2 before two years

Yes, it is possible to file Form STK-2 for a voluntary strike-off before two years, provided the company meets specific eligibility criteria.

The requirement of being "inactive for two years" is only one of the grounds for voluntary strike-off under Section 248(2) of the Companies Act, 2013. You may apply for the removal of the company's name if it falls under any of the following categories:

Grounds for Filing STK-2

1. Failure to Commence Business: A company can apply for strike-off if it has failed to commence business within one year of its incorporation.

2. Inactivity: A company has not been carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within that period for obtaining the status of a "dormant company" under Section 455.

3. Unpaid Subscripttion: The subscribers to the memorandum have not paid the subscripttion they undertook to pay at the time of incorporation, and a declaration to this effect has not been filed within 180 days of incorporation under Section 10A.

Mandatory Prerequisites

Regardless of which ground you choose, the company must fulfill the following conditions before filing:

• Settlement of Liabilities: The company must have no assets and no liabilities. All debts and dues (statutory or otherwise) must be cleared.

• Pending Filings: All overdue financial statements (AOC-4) and annual returns (MGT-7) must be filed up to the end of the financial year in which the company ceased its operations.

• No Ongoing Litigation: The company must not be under any inspection, inquiry, or investigation.

• Bank Accounts: All bank accounts in the company’s name should be closed, and proof of closure is typically required.

• Shareholder Approval: A special resolution must be passed by the shareholders (or consent of 75% of members in terms of paid-up share capital) approving the strike-off.

Summary

You do not have to wait two years if the company falls into the "failure to commence business" category (i.e., it has been less than one year since incorporation). If you are relying on the "inactivity" ground, the two-year period is a statutory requirement for that specific clause. Always ensure all your compliance filings are up to date before attempting to file for strike-off to avoid rejection by the Registrar of Companies (ROC).

Summary: You can file for strike-off (STK-2) in less than two years if the company failed to commence business within one year of incorporation or failed to file the declaration of subscripttion payment within 180 days. If the ground for closure is general inactivity, the two-year period is mandatory. Regardless of the ground, all pending statutory returns (AOC-4/MGT-7) must be filed and all liabilities cleared before application.