filing of Form STK 2

[Pooja Agnihotri]

Dear Professionals

Company A is filing Form STK 2 for strike off of its name from ROC. Does the Company need to file its annual accounts, ITR etc. for the pending duration or it can directly go for strike off. 

Please confirm. 

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Regards!!!!

 

Pooja Agnihotri

[Rinki goyal]

can directly file.

Rinki

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[kapil dudeja]

I've filed 9 STK-2 for nine different companies (6 with Delhi ROC, 1 with Kolkata & 2 with Kanpur ROC), all without any pending annual return or ITR's in the month of JUNE

and I got following response from respective ROC's:-

1) From Delhi ROC, 4 company master data shows "Under strike off" i.e STK-2 approved & further process laid under section 248 to be followed & in pending 2 companies ROC asked to file pending annual return of 7-8 years.

2) Kolkata ROC company master data also shows "Under strike off"  i.e STK-2 approved & further process laid under section 248 to be followed.

3) Kanpur ROC asked to file pending annual return in both the companies.

Actually, it's ROC discretion to ask you to file pending annual returns of previous years.

[Rinki goyal]

IF WE FILE SUCH PENDING RETURNS WITH HUGE PENALTY THEN WHAT IS THE USE FOR FILING STK-2.

RINKI

[Praveen singh]

​​I am agree with Kapil ji that at the end it is the discretion of ROC to ask for filing of pending annual returns. Further, if you read Sections 248(2) and 248(6) which are extracted as below you will find that under section 248 (2) the word used is "MAY" which means it is on company to discharge its liability before filing an application for strike off,

However, at the later stage the ROC will only pass the order after being satisfied that all the liability has been discharge by the company. Without prejudice to what is stated above, it can be said that order of strike of can only be obtained after filing pending return and after paying all dues. You have to bear the cost of your sins.

"...(2) Without prejudice to the provisions of sub-section (1), a company may, after extinguishing all its liabilities, by a special resolution or consent of seventy-five per cent. members in terms of paid-up share capital, file an application in the prescribed manner to the Registrar for removing the name of the company from the register of companies on all or any of the grounds specified in sub-section (1) and the Registrar shall, on receipt of such application, cause a public notice to be issued in the prescribed manner:

Provided that in the case of a company regulated under a special Act, approval of the regulatory body constituted or established under that Act shall also be obtained and enclosed with the application.

(6) The Registrar, before passing an order under sub-section (5), shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time and, if necessary, obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company:

Provided that notwithstanding the undertakings referred to in this sub-section, the assets of the company shall be made available for the payment or discharge of all its liabilities and obligations even after the date of the order removing the name of the company from the register of companies."

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[kashif ali]

Dear

One private limited company was incorporated in February 2015 at Mumbai. It has a paid up capital of Rs. 10,00,000/ (Ten lakh) . The company has not yet filed any of its return with ROC. Can it go for strike off?

Does mumbai roc asked to file all Balance sheet and Annual returns ?

How to show nil laibilities ?/

Please advice.

Regards

Kashif Ali

Thanks & Regards:

KASHIF ALI & ASSOCIATES

Company Secretaries

268, Business India Complex,

Uday Park, New Delhi-110049

Call us : +91 9718483209

[GIRISH KUMAR]

Not required.. But it should nil business from last 2 years, nil assets & Liabilities 

[ankush sachdeva]

Hi,

Can any one share the approved Stk - 2 form. 

[kashif ali]

Dear,

It has paid up share capital of Rs 10 Lkah and its lying in bank acount. Can we distribute it among members ?

[anilparmar himmatlal]

But why no uniformity in procedure about striking off? ALSO IF THE COMPANY HAS NOT BEEN CARRYING ON ANY BUSINESS, FOR THE LAST MORE THAN TWO YEARS, BUT IT HAS PAID UP CAPITAL, AND SO THE BALANCE SHEET CANNOT BE NIL, THEN HOW TO FILE THE NIL BALANCE SHEET? PLEASE GUIDE. ON THE ONE HAND, THE MCA HAS BEEN STRIKING OFF THE NAMES OF NUMBERS OF THE COMPANIES WITHOUT ANY APPROACH BY THE COMPANIES, AND ON THE OTHER HAND, THE COMPANIES WHICH DO NOT WISH TO CONTINUE THEIR CORPORATE EXISTENCE, ARE DESIROUS OF GETTING THEIR NAMES STRUCK OFF THE REGISTER OF COMPANIES OF ROC. THEN WHY ARE THEY NOW ALLOWED TO DO SO, IF THERE IS ONLY PAID UP CAPITAL WITH THE COMPANY AND NOTHING ELSE?

[Rinki goyal]

for stk we need to close the bank account, so i think disburse money and close account, then obtain NIL certificate  from Chartered accountant.

Rinki

[anilparmar himmatlal]

Respected Rinki Ji

BUT IS RETURNING THE PAID UP CAPITAL IN SUCH A WAY LEGAL UNDER THE PROVISIONS OF THE COMPANIES ACT?

OF COURSE, THERE IS NO CREDITOR AND THERE IS ONLY CAPITAL ON THE LIABILITIES SIDE AND BANK BALANCE ON THE ASSETS SIDE. SO ACADEMICALLY, WE CAN GO FOR PROCEDURE WHICH YOU HAVE ADVISED, BUT IS THERE ANY SUCH CASE WHICH HAS COME TO YOUR KNOWLEDGE/NOTICE?

I SHALL BE HIGHLY OBLIGED IF YOU KINDLY GUIDE

ANIL PARMAR

9879561685

On Wednesday, October 4, 2017 at 2:59:36 PM UTC+5:30, Pooja1810 wrote: