The detailed procedure for filing Form STK-2 under the Companies Act, 2013 (application by a company to strike off its name from the Register of Companies) involves the following steps:
- Eligibility Check
Only a defunct company or a company that has not commenced business within one year of incorporation can file STK-2.
The company must ensure there are no ongoing legal proceedings or liabilities. - Preliminary Requirements
The company must clear all liabilities.
Obtain the consent of directors and shareholders via board resolution and special resolution in a general meeting (if applicable).
Prepare a statement of accounts not older than 30 days before filing the application. - Documents to be Filed Along with STK-2
Indemnity Bond (in Form STK-3): Executed by all directors.
Affidavit (in Form STK-4): Executed by all directors.
Copy of the special resolution or consent from shareholders.
A certified true copy of the board resolution authorizing the application.
Statement of accounts certified by a Chartered Accountant.
Copy of PAN Card and other identity proofs of directors. - Filing Form STK-2
Visit the MCA (Ministry of Corporate Affairs) portal.
Log in with authorized credentials and fill out Form STK-2 with accurate details.
Attach the required documents in PDF format.
Pay the prescribed fee of ₹10,000. - Submission and Acknowledgment
Submit the form online and note the Service Request Number (SRN) for tracking purposes. - Post-Filing Procedure
The Registrar of Companies (RoC) will verify the application.
The RoC will issue a public notice (Form STK-6) to inform stakeholders, giving them a chance to object within 30 days.
After addressing any objections, the RoC will publish the notice of striking off in the Official Gazette. - Effect of Striking Off
The company’s name will be removed from the Register of Companies.
The company ceases to exist as a legal entity but remains liable for unsettled liabilities and litigation.
Let me know if you need assistance with any specific section of the process.
