How to close a Company?

You can close your company in two ways: One is application by company to ROC for removing its name from register of Companies under section 248(2) of the Companies Act, 2013 and another is winding up of company.

Removal of Company Name under Section 248:

Under section 248(2) of the Companies Act, 2013, 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 eForm STK-2 with the MCA for removing the name of the company from the register of companies on all or for failed to commence it's business with in one year of it's incorporation or a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455 and the Registrar shall, on receipt of such application, cause a public notice to be issued in the prescribed manner. The notice shall be published in prescribed manner and also in the Official Gazette for the information of the general public. At the expiry of the time mentioned in the notice, the Registrar may, unless cause to the contrary is shown by the company, strike off its name from the register of companies, and shall publish notice thereof in the Official Gazette, and on the publication in the Official Gazette of this notice, the company shall stand dissolved.

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Winding up of Company:

The company can be wound up in two mothods that is winding up of company by Tribunal and another is voluntary winding up.

Winding up by Tribunal:

The Tribunal may wound up your compnay if you file petition under section 272 of the Companies Act, 2013 on the following grounds:

If the company is unable to pay its debts.
If the company has, by special resolution, resolved that the company be wound up by the Tribunal.
If the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality.
If the Tribunal has ordered the winding up of the company under Chapter XIX.
If on an application made by the Registrar or any other person authorised by the Central Government by notification under this Act, the Tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the persons concerned in the formation or management of its affairs have been guilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the company be wound up.
If the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years.
If the Tribunal is of the opinion that it is just and equitable that the company should be wound up.

For detailed information and documentation you can Click Here

Voluntary Winding up:

You many wound up your company voluntarily in the following circumstances:

If the company in general meeting passes a resolution requiring the company to be wound up voluntarily as a result of the expiry of the period for its duration, if any, fixed by its articles or on the occurrence of any event in respect of which the articles provide that the company should be dissolved; or.
If the company passes a special resolution that the company be wound up voluntarily.

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CompaniesHouse is an MCA Authorized Company Registered Agent in India. The object of the CompaniesHouse is to minimize the cost in closing companies throughout India.

FAQ

What is closure of your company?

It's a process of winding up or removal of company name from the regisrer of company names by the Registrar of Companis.

When can we prepare company closure?

As your wish if your are not interested to continue the business, you can close it.

Who will prepare the closure of a company?

The company has to prepare the documentation. You can take any professional help in this regard.

What are mentioned in company closure application?

The grounds on which the company is closing its business along with other documents etc.,

In how many ways I can close my company?

You can close in two ways one is application for removal of company name under section 248 of the Companies Act, 2013 and another is Winding up..

Can I get the data from MCA even after closure of my company?

Yes. It is open online you can access MCA and get it.

What is the government fee for closing my company?

It is Rs. 10,000/- under section 248 of the Companies Act, 2013.

DOCUMENTS REQUIRED

Grounds on which the company is closed
Directors PAN, Aadhaar
Affidavits of all directors

Indemnity Bonds of all driectors
Consent letter of all directors
Statement of Account duly signed by an Auditor

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^Rs19,999/InclTax

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Notes:

The incidental incidental expenses have to be born by the client.
The director has to provide unique Mobile Number and Emial id for effective communication.
In case of more than one company, each company is treated as separate assignment.
Auditor fee is at actuals.