Complete process of Company Closure

Complete process of Company Closure

It is very easy to start any company, as for registering a company the applicant only needs to submit the application form along with relevant documents and fees but to close a company certain requirements are there that are needed to be followed. Any company that wants to shut down itself cannot directly close it, there is a process for winding up which the company has to follow either the company is One Person Company or a Private Limited Company. No company can apply to strike off the company before completing its one year from the date of registration, one year should be completed by the company before its closure. And along with that, no business shall be commenced by the company for at least one year, then a company can be closed after one year of registration. The directors of the company need to file a form for winding up of the company along with the reason and approval from at least 75% of the shareholders of the company along with the required fees.
Whereas the second option is to get struck off by the registrar, if any company fails to file the annual compliance return to the ROC then the registrar will strike off the name of the company but this will cause penalty for the directors as the registrar will disqualify all the directors of the company for 5 years and during this period the directors cannot be appointed as a director in any company.


Process To Close A Company

Step 1 - Submit Documents

You need to provide all the documents and DSC of the director of your company

Step 2 - Drafting Of Documents

We will draft all the required documents and will send you the soft copy of all the documents for the physical signature. Once the documents are signed you need to send the scan copy of those documents

Step 3 - Documents Certification

After receiving the signed documents we will send them for the notarization and CA certification

Step 4 -Filing Of Forms

After notarization and CA certification, we will fill the form with relevant information and will sign it by the DSC of the director and the professional and will be filed to the registrar

Step 5 - ROC Approval

After receiving approval from the Registrar we will forward it to you.


Documents Required To Close Company

  1. Certification Of Incorporation Of The Company
  2. PAN Of The Company
  3. Latest Financial Statement Of The Company
  4. Bank Account Cancellation Certificate


Grounds Of Closing Of Company

  1. When a company is unable to pay off its debt and liability is higher than the assets.
  2. When the shareholders of the company passed the special resolution for winding up in the general meeting of the company.
  3. The Tribunal order for winding up of the company under Chapter XIX
  4. The company is doing its business against the interest of the public or security of the country, state, defense, etc.
  5. The company is registered for fraud or unlawful purpose or fraudulently conducting its business then the registrar can wind up the company
  6. The company has failed to file a financial statement or annual return to the registrar for a consecutive period of 5 financial years then the company will be compulsorily wind up the registrar
  7. The NCLT having the power to wind up the company anytime for any reason it thinks fit to close the company. 


Ways To Close A Company

Sell the Company:- Selling the company means taking out your stake from the company and get discharged from all the responsibilities and stocks. It is just a normal transfer under which all the rights and liabilities of the company from one person to another. Selling a company doesn’t mean to close the company under this the company will run but the owner will be changed.

Compulsory Winding Up:- The right to wind up the company lies with the Tribunal (NCLT) under this if any company is unlawfully doing its activity or fraudulent manner or even take part in any unlawful or fraudulent activities then the Tribunal shall wind up the company and will remove its name from the register of companies.

Voluntary Winding Up:- The voluntary winding up application is filed by the company with the approval of shareholders by passing a resolution in the general meeting.

 


For more information on this visit TAXAJ.

Posted By Twinkle
Team TaxaJ



    • Related Articles

    • Documents Required for LLP Registration

      Limited Liability Partnership (LLP) is a newer form of business which is a mixture of a company and a partnership firm. While it has benefits and characteristics of a private limited company, it can be operated flexibly just like a normal ...
    • How to Close Private Limited Company

      Often, we register a company for a business idea we wanted to implement and for some reasons it does not work, we do not even start the work. Also, there are times when we register a company for a future project and hence those companies are not ...
    • What are the documents required for Closing a LLP?

      Limited Liability Partnership (LLP) is a usual partnership form in which each partner has limited liabilities. An LLP is a firm under which certain legal terms and documents take place. There is a pre-defined process as to how one can register or ...
    • What is the Process to Close LLP in India?

      A business may be required to be closed due to various reasons, like non-operation, closure of business, recurring losses, the passing of the key managerial person, the dispute among promoters, un-ability to pay debts of the LLP, etc. Closing or ...
    • Documents Required For A Sole Proprietorship

      Documents Required For A Sole Proprietorship Sole Proprietorship is the easiest form of business done in India since it isn’t governed by any specific laws. Under sole proprietorships, compliance’s minimal and easy to fulfill. A sole Proprietorship ...