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Strike off of the Company

About of Service

Services related to the strike off or dissolution of a company typically involve a series of legal and administrative steps to officially close down the company. Here are the key services commonly associated with the strike off process:

  1. Initial Consultation and Advice:

    • Providing initial consultation to assess the company's eligibility and readiness for strike off.
    • Advising on the legal requirements, implications, and procedures involved in striking off a company.
  2. Preparation of Resolutions and Documentation:

    • Drafting board resolutions and shareholder resolutions approving the decision to strike off the company.
    • Preparing and reviewing necessary documentation required for strike off application.
  3. Clearance of Liabilities and Assets:

    • Ensuring all outstanding debts, taxes, and liabilities of the company are settled or adequately provided for.
    • Transferring or disposing of any remaining assets of the company in accordance with legal requirements.
  4. Cessation of Business Activities:

    • Ceasing all business operations and activities of the company in an orderly manner.
    • Closing bank accounts, terminating contracts, and notifying stakeholders about the impending strike off.
  5. Filing Strike Off Application:

    • Preparing and filing the strike off application with the relevant government authorities or registrar of companies.
    • Ensuring all required forms and documents are accurately completed and submitted within the stipulated timeframe.
  6. Publication and Notification:

    • Publishing strike off notices in the official gazette or newspapers as required by law.
    • Notifying creditors, employees, shareholders, and other stakeholders about the company's strike off.
  7. Handling Objections and Appeals:

    • Addressing any objections or inquiries from authorities, creditors, or stakeholders regarding the strike off application.
    • Representing the company in appeals or hearings related to the strike off process, if necessary.
  8. Final Compliance and Deregistration:

    • Obtaining confirmation of strike off and issuance of a certificate of dissolution or deregistration.
    • Ensuring all final compliance requirements, including tax filings and regulatory obligations, are fulfilled.
  9. Post-Strike Off Services:

    • Providing advice on post-strike off matters such as disposal of records, closure of offices, and handling any residual matters.
    • Advising on legal implications or liabilities that may arise after the company has been struck off.
  10. Legal and Regulatory Compliance:

    • Ensuring all actions taken during the strike off process comply with company law, tax regulations, and other relevant statutes.
    • Providing ongoing legal support to mitigate risks associated with the strike off and dissolution process.

Uses and Benefits

  • Review Requirements: Understand the specific requirements for strike off in your jurisdiction. This includes eligibility criteria, necessary documents, and procedural steps.
  • Prepare Documents: Gather and prepare the required documents such as application form, board resolution, financial statements, tax clearance certificate, declaration of solvency, and any other jurisdiction-specific documents.
  • Board Approval: Obtain a board resolution approving the application for strike off. Ensure it reflects the decision to dissolve the company.
  • Financial Compliance: Ensure all financial obligations are settled and up-to-date. This includes tax liabilities, creditor settlements (if applicable), and filing of financial statements.
  • Submit Application: Complete the application form accurately and submit it along with all required documents to the relevant government authority.
  • Publication and Notices: Some jurisdictions require publication of the strike off notice or notifications to creditors. Comply with these requirements as applicable.

Additional Disclosure

  1. Resolution for Strike Off:

    • A resolution passed by the board of directors or shareholders authorizing the strike off of the company. This resolution should be duly signed and dated.
  2. Statement of Accounts:

    • A statement of accounts up to the date of closure or cessation of business operations, showing assets and liabilities of the company.
  3. Confirmation of Nil Assets and Liabilities:

    • A confirmation that the company has no assets and liabilities as at the date of application for strike off.
  4. Clearance from Regulatory Authorities:

    • Clearance or no-objection certificates (NOCs) from regulatory authorities or government departments, if applicable.
  5. Notice to Creditors and Other Stakeholders:

    • Publication of a notice in newspapers or official gazettes inviting objections or claims from creditors and other stakeholders against the strike off of the company.
  6. Undertaking of Dissolution:

    • An undertaking by directors or promoters that they will indemnify any liabilities arising after the strike off.
  7. Tax Clearance Certificates:

    • Tax clearance certificates from tax authorities to ensure all taxes and filings are up to date.
  8. Closure of Bank Accounts:

    • Closure certificates or confirmation from banks regarding closure of all bank accounts of the company.

Documents & Detail Required

The documents required for striking off a company (deregistration) can vary depending on the jurisdiction, but generally include the following:

  1. Application Form: Typically, there is a specific application form provided by the relevant government authority for striking off the company. This form needs to be filled out accurately and completely.

  2. Board Resolution: A resolution by the directors of the company approving the application for strike off. This demonstrates that the decision to strike off the company is authorized by the board.

  3. Shareholder Approval (if required): In some jurisdictions, approval from shareholders may be necessary, especially if there are specific provisions in the company's constitution or articles of association requiring shareholder consent.

  4. Financial Statements: Financial statements up to the date of application may need to be submitted to ensure there are no outstanding liabilities or assets that need to be addressed before striking off.

  5. Tax Clearance Certificate: A certificate from the tax authorities confirming that all tax liabilities of the company have been settled up to the date of application.

  6. Declaration of Solvency: A declaration signed by the directors (and sometimes by shareholders) confirming that the company is solvent, meaning it can pay off its debts (if any) within a specified period after dissolution.

  7. Consent of Creditors (if applicable): If the company owes money to creditors, their consent may be required before striking off the company.

  8. Confirmation of Compliance: Evidence that the company has complied with all statutory requirements, such as filing annual returns, maintaining statutory records, etc.

  9. Filing Fee: Payment of any required filing fees associated with the application for strike off.

  10. Other Jurisdiction-Specific Documents: Depending on local laws and regulations, additional documents may be required

FAQ'S

What does "strike off" mean for a company?

Strike off refers to the process of removing a company's name from the official register of companies maintained by the government, effectively dissolving the company as a legal entity.

When can a company apply for strike off?

Companies can typically apply for strike off if they are no longer carrying on business, have no assets or liabilities, and all legal requirements (like tax filings) are up to date. Specific criteria vary by jurisdiction.

Who can apply for strike off?

Usually, the application for strike off must be initiated by the company's directors or shareholders, depending on the company's constitution and local laws.

What documents are required for strike off?

The required documents generally include an application form, board resolution approving the strike off, financial statements up to the date of application, tax clearance certificate, declaration of solvency, and any other documents specified by local regulations.

How long does the strike off process take?

The duration varies by jurisdiction. It can range from a few months to over a year, depending on factors such as the efficiency of government processing and whether all requirements are met promptly.

What happens after a company is struck off?

Once struck off, the company ceases to exist as a legal entity. Its assets (if any) may vest in the government, and any remaining debts or liabilities could potentially become the personal responsibility of directors or shareholders, depending on local laws.

Can a struck off company be restored?

Yes, in many jurisdictions, it is possible to apply for restoration of a struck off company within a certain period after the strike off. Restoration procedures typically involve paying outstanding fees, penalties, and filing a request with the relevant authorities.