Company Striking Off Application (India)
APPLICATION FOR STRIKING OFF COMPANY NAME FROM REGISTER OF COMPANIES
Under Section 248(2) of the Companies Act 2013
To,
The Registrar of Companies,
[ROC Jurisdiction]
Date: [Application Date]
Subject: Application for striking off the name of [Company Name] (CIN: [CIN]) from the Register of Companies under Section 248 of the Companies Act 2013.
1. COMPANY DETAILS
1.1 Name of Company: [Company Name]
1.2 Corporate Identification Number (CIN): [CIN]
1.3 Date of Incorporation: [Date of Incorporation]
1.4 Registered Office Address: [Registered Office Address]
1.5 Registrar of Companies: [ROC Jurisdiction]
2. DIRECTORS
2.1 Director 1: [Director 1 Name], DIN: [Director 1 DIN], PAN: [Director 1 PAN]
2.2 Director 2 (if applicable): [Director 2 Name], DIN: [Director 2 DIN]
2.3 All directors named above have executed the requisite Affidavit (Form STK-3) and Indemnity Bond (Form STK-4) as required under the Companies (Removal of Names of Companies from the Register of Companies) Rules 2016. Such affidavits and indemnity bonds are enclosed with this application.
3. ELIGIBILITY DECLARATIONS
3.1 The Company has not been carrying on any business or operations since [Ceased Business Year] and satisfies the conditions under Section 248(1)(c) of the Companies Act 2013.
3.2 Outstanding liabilities status: [Outstanding Liabilities Status]. The Company confirms that all creditors (secured and unsecured), statutory dues, employee dues, and third-party obligations have been fully discharged prior to this application.
3.3 The Company has not accepted any public deposits that are outstanding or in default under the Companies Act 2013 or the Reserve Bank of India Act 1934.
3.4 There are no pending legal proceedings against the Company in any court, tribunal, or quasi-judicial forum, including proceedings before the National Company Law Tribunal (NCLT) or the National Company Law Appellate Tribunal (NCLAT).
3.5 GST Compliance: GST registration cancellation reference — [GST Cancellation Ref]. All GST returns filed and liabilities discharged under the Central Goods and Services Tax Act 2017.
3.6 Income Tax Compliance: Last income tax return filed for [Last IT Return FY]. All tax dues under the Income Tax Act 1961 have been paid. All TDS obligations under Chapter XVII-B of the Income Tax Act 1961 have been fulfilled.
3.7 ROC Compliance: All annual returns (Form MGT-7) and financial statements (Form AOC-4) have been filed with the Registrar up to the year of cessation of business.
4. AUTHORISATION BY MEMBERS
4.1 A Special Resolution / consent of members holding not less than 75% of the paid-up share capital of the Company was passed on [Special Resolution Date] authorising the Board of Directors to make this application for striking off the Company's name from the Register of Companies under Section 248(2) of the Companies Act 2013. A certified true copy of the resolution is enclosed.
5. UNDERTAKING AND INDEMNITY
5.1 The directors of [Company Name] hereby jointly and severally undertake to indemnify and keep indemnified the Central Government and the Registrar of Companies against all losses, costs, claims, and damages that may arise as a consequence of the striking off of the Company's name from the Register of Companies.
5.2 The directors acknowledge that notwithstanding the striking off, their liability and the liability of every member of the Company shall continue and may be enforced as if the Company had not been dissolved, pursuant to Section 250 of the Companies Act 2013.
5.3 The directors confirm that no assets of the Company have been distributed to members or directors in contravention of the Companies Act 2013 or any other applicable law.
5.4 This application is executed on appropriate non-judicial stamp paper as required under the Indian Stamp Act 1899 and the applicable state stamp act. All enclosed documents (affidavits, indemnity bonds) have been duly stamped and notarised as required.
6. LIST OF ENCLOSURES
The following documents are enclosed with this application: (a) Form STK-2 (filled online via MCA21 portal); (b) Directors' Affidavits — Form STK-3 (one for each director); (c) Indemnity Bond — Form STK-4 (signed by all directors); (d) Statement of Accounts — Form STK-5 (certified by a Chartered Accountant, dated within 30 days of this application); (e) Copy of Special Resolution / Members' Consent ([Special Resolution Date]); (f) Proof of cessation of business; (g) No Objection Certificates from regulatory authorities (if applicable); (h) Bank account closure certificate.
Director 1
________________
Signature
Director 2
________________
Signature
What Is a Company Striking Off Application (India)?
A Company Striking Off Application in India governs an aspect of the company's affairs, fixing the obligations of directors, shareholders or the company itself.
The application package consists of several documents: Form STK-2 (the application itself), directors' affidavits (Form STK-3) declaring that all eligibility conditions are met, an indemnity bond (Form STK-4) executed by all directors, a statement of accounts (Form STK-5) certified by a Chartered Accountant, and a copy of the special resolution or consent of 75% members authorising the striking off. The entire application is filed electronically through the MCA21 portal.
The India Company Striking Off Application (India) document serves as the basis for completing Form STK-2 and supporting declarations, confirming that all required information is captured and all director undertakings are properly recorded before the formal MCA21 filing. It is governed by the Companies Act 2013, the Companies (Removal of Names of Companies from the Register of Companies) Rules 2016, the Income Tax Act 1961, and the Central Goods and Services Tax Act 2017.
The legal framework governing the Company Striking Off Application (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a Company Striking Off Application (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Indian Contract Act, 1872 sets the foundational requirements.
When Do You Need a Company Striking Off Application (India)?
A Company Striking Off Application is needed when a private limited company or a public limited company has ceased all business operations, has no assets or liabilities, and its promoters wish to close it formally without incurring the time and expense of formal winding up under the Insolvency and Bankruptcy Code 2016.
You need this application when the company has been dormant for at least two consecutive financial years and the directors wish to formally close it rather than maintain it as a dormant company under Section 455 of the Companies Act 2013. A dormant company requires ongoing annual filings and maintenance costs; striking off avoids these ongoing obligations.
You need this application when a start-up or small company has failed to gain traction and the founders want to close it cleanly — discharging all liabilities, distributing any residual assets to shareholders, and obtaining a clean dissolution record. This is also essential for directors who want to avoid disqualification under Section 164(2) for failure to file annual returns.
You need this application when a subsidiary or group company that was incorporated for a specific project has completed its purpose and the parent company wants to reduce its group complexity and compliance burden. Maintaining dormant or inactive subsidiaries involves annual audit, filing, and compliance costs that the striking-off route eliminates.
You need this application when the promoters are planning a fresh start and want to be free of the obligations and potential liabilities associated with an old inactive company. Section 250 preserves liability post-dissolution, so obtaining a formal striking-off order provides clarity on the termination of corporate obligations.
Parties in India should prepare a Company Striking Off Application (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Company Striking Off Application (India)
A well-prepared Company Striking Off Application package for India should contain the following key elements.
Company Identification: The full legal name of the company, Corporate Identification Number (CIN), date of incorporation, registered office address, and the name and address of the Registrar of Companies with whom the company is registered.
Director Details: Full names, DIN (Director Identification Number), PAN, Aadhaar numbers, and addresses of all current directors. All directors must participate in the striking-off process — the application cannot be filed if any director refuses to sign the affidavit or indemnity bond.
Eligibility Declarations: Confirmations that the company has not carried on any business for the preceding two financial years; has no outstanding liabilities (secured or unsecured creditors, statutory dues, employee dues); has no pending legal proceedings; holds no public deposits; and has no regulatory licences requiring NOCs.
Tax Compliance: Confirmation that all income tax returns are filed (with tax year references), all TDS returns are filed and TDS deposited, GST registration has been cancelled (with cancellation order reference), and all ROC annual filings are up to date.
Statement of Accounts: A certified balance sheet as at the date not more than 30 days prior to the application date, showing nil or minimal assets and zero liabilities.
Special Resolution Details: Date and details of the special resolution or consent of members authorising the striking-off application.
Indemnity Undertaking: An undertaking by all directors to indemnify the Central Government and ROC against any future claims arising from the striking off, with appropriate stamp duty paid under the Indian Stamp Act 1899.
Additional compliance elements for a Company Striking Off Application (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Company Striking Off Application (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/business/corporate/company-striking-off-application-india
"Company Striking Off Application (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/business/corporate/company-striking-off-application-india.
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author = {{Forms Legal}},
title = {Company Striking Off Application (India) (India)},
year = {2026},
howpublished = {\url{https://forms-legal.com/india/business/corporate/company-striking-off-application-india}},
note = {Free legal document template. Based on Indian Contract Act, 1872}
}Frequently Asked Questions
Section 248 of the Companies Act 2013 empowers the Registrar of Companies (ROC) to strike off the name of a company from the Register of Companies, either suo motu by the Registrar under Section 248(1) or on an application by the company under Section 248(2). The voluntary striking off route under Section 248(2) — commonly referred to as the Fast Track Exit (FTE) mechanism — is governed by the Companies (Removal of Names of Companies from the Register of Companies) Rules 2016. Eligibility: A company may apply for striking off only if it satisfies the conditions in Section 248(1)(c) or (d), i.e., the company has not been 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. Additionally, the company must have no outstanding liabilities, no pending litigation, no public deposits outstanding, no outstanding tax dues, and must have obtained NOCs from relevant regulatory authorities (RBI, SEBI, etc.) if applicable. Procedure: The eligible company must hold a special resolution (or obtain consent of 75% of members in terms of paid-up capital) authorising the application. The application is filed with the concerned ROC in Form STK-2 (for voluntary striking off), along with the prescribed fee, affidavit by all directors (Form STK-3), indemnity bond (Form STK-4), statement of accounts (prepared by a CA and not older than 30 days), and copy of the special resolution.
Directors of a company applying for voluntary striking off under Section 248 of the Companies Act 2013 and the Companies (Removal of Names of Companies from the Register of Companies) Rules 2016 are required to make several statutory declarations and provide undertakings as part of the application package. First, each director must swear an affidavit (Form STK-3 prescribed under the 2016 Rules) declaring that the company has not been carrying on any business or operation for the two preceding financial years; that the company has no outstanding liabilities or assets; that the company has not accepted any public deposits that are outstanding or in default; that the company has no pending legal proceedings in any court or tribunal; and that the company has complied with all applicable tax laws (Income Tax Act 1961, GST Acts) and filed all pending returns. Second, all directors must jointly execute an indemnity bond (Form STK-4) indemnifying the Central Government and the ROC against any losses, costs, or damages that may arise as a consequence of striking off, including any claims by creditors or third parties whose interests were not disclosed at the time of application. The indemnity bond must be executed on appropriate non-judicial stamp paper as required by the Indian Stamp Act 1899 and the applicable state stamp act, and may require notarisation or apostille depending on the director's location.
Before a company can be validly struck off under Section 248 of the Companies Act 2013, it must ensure that all outstanding tax obligations have been discharged and all pending returns filed. Tax clearance is not issued as a formal certificate in India (unlike some other jurisdictions), but the directors' affidavit (Form STK-3) requires a declaration of compliance with all tax laws, and the ROC may call for evidence of tax compliance. Income Tax: The company must file all pending Income Tax returns under the Income Tax Act 1961 for all financial years up to and including the year of application. If the company has taxable income, it must discharge all tax dues, interest under Section 234A/B/C, and any penalties. The company's PAN must remain active until striking off is complete. If the company has received notices or is under scrutiny assessment, those proceedings must be resolved before the striking-off application is filed. TDS Obligations: If the company was required to deduct Tax Deducted at Source (TDS) under Chapter XVII-B of the Income Tax Act 1961 (e.g., on salaries, contractor payments, rent), all TDS returns (Form 24Q, 26Q) must be filed and TDS deposited.
A Company Striking Off Application (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Indian Contract Act, 1872 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of India has jurisdiction over disputes arising from this type of document, and Registrar of Companies (ROC) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Company Striking Off Application (India) does not legally require a lawyer in India, though legal advice is recommended. Under Indian law, the Indian Contract Act 1872 governs agreements. The Companies Act 2013 and Registrar of Companies (ROC) regulate corporate documents. The Information Technology Act 2000 governs electronic contracts and data protection. The Consumer Protection Act 2019 provides consumer rights. The Income Tax Act 1961 requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Indian advocate for significant transactions. Under India law, Indian Contract Act, 1872, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). Forms-legal.com provides this template as a starting point for India-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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