When the members or the creditors without the intervention of Tribunal wind up a company, it is called a voluntary winding up. The entire process is done without court supervision. A voluntary winding up may be done by the members or the creditors.
For Directors: PAN Card.
Any Id: Any of Aadhar Card/Voter Card/Passport/Driving License.
Address Proof: Any of Aadhar/Bank Statement/Electricity Bill/Water Bill/Gas Bill/Telephone Bill.
The MCA is December 2016 brought to force Section 248 to 252 of the Companies Act, 2013 to lay the foundation for removal of company name from Register of Companies. As per Section 248 to 252, the Registrar of Companies has the following powers to remove name of company from the register of companies, if the Registrar has reasonable cause to believe that:
(i) The company has failed to commence its business within one year of its incorporation;
(ii) The company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application for obtaining the status of a dormant company.
If such is the case, the Registrar can remove the name of the company from the register of companies by sending a notice to the company and all the directors of the company. The notice from ROC would present the ROC intention to remove the name of the company from the register of companies and request the company to send representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice.
Process to follow for strike off on application of the company
Holding a Board Meeting: to hold a Board meeting to pass Board Resolution for strike off the company subject to the approval of the shareholders and authorizing the filing of this application with the ROC;
Filing of Form STK-2:
Application in Form STK- 2 to be filed by the Company along with following documents:
(i) Indemnity Bond duly notarized by every director in Form STK 3;
(ii) An affidavit in Form STK 4 by every director of the company;
(iii) a statement of accounts containing assets and liabilities of the company made up to a day, not more than thirty days before the date of application and certified by a Chartered Accountant;
(iv) a copy of the special resolution duly certified by each of the directors of the company or consent of seventy-five percent of the members of the company in terms of paid-up share capital as on the date of application;
(v) a statement regarding pending litigation, if any, involving the company.
Public notice by ROC: After filing the application for strike off by the company, the ROC shall publish a public notice in Form STK-6 inviting objections to the proposed Strike off, if any. The objections are to be sent to the respective ROC within thirty days from the date of publication. The notice shall be placed on the website of Ministry of Corporate Affairs, published in the Official Gazette and published in a leading English newspaper and at least in one vernacular newspaper where the registered office of the company is situated.
Intimation to regulatory authorities: The ROC shall simultaneously intimate the concerned regulatory authorities regulating the company, viz, the Income-tax authorities, central excise authorities, and service-tax authorities having jurisdiction over the company, about the proposed action of removal or striking off the names of such companies and seek objections, if any.
Publication of notice of dissolution: ROC, after having followed and dealt with the above steps, shall strike off the name and dissolve the Company and a Notice of striking off and its dissolution to be published in the Official Gazette in Form STK 7. On the publication in the Official Gazette of this notice, the company shall stand dissolved with effect from the date mentioned therein. The same shall also be placed on the official website of the MCA.