Executive Overview: In India's dynamic corporate ecosystem, hundreds of thousands of private limited companies and one-person companies (OPCs) are incorporated every year. However, due to shifting market dynamics, unviable business models, founder exits, or completion of designated projects, a substantial number of these corporate vehicles eventually become inactive, dormant, or defunct. Allowing an inactive shell company to linger on the register of the Registrar of Companies (ROC) without filing annual financial statements (Form AOC-4) and annual returns (Form MGT-7) triggers punitive statutory consequences under the Companies Act, 2013—including recurring additional late filing fees of ₹100 per day per form, substantial director disqualifications under Section 164(2), deactivation of Director Identification Numbers (DIN), and financial penalties against officers-in-default under Section 454. To provide a dignified, legally sound, and cost-effective exit mechanism without undergoing protracted and expensive court-supervised winding up or liquidation proceedings under the Insolvency and Bankruptcy Code (IBC), Parliament enacted Section 248 of the Companies Act, 2013, governed by the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. Commonly known as the Fast Track Exit (FTE) or Strike-Off process, Section 248(2) empowers a defunct company to voluntarily apply to the ROC in e-Form STK-2 to remove its name from the official register. However, executing an immaculate strike-off requires rigorous due diligence: extinguishing all assets and liabilities to achieve a true "nil" balance sheet, closing operational bank accounts, securing Form STK-8 Statement of Accounts certified by an independent practicing Chartered Accountant, executing director indemnity bonds in Form STK-3, and surviving the multi-departmental scrutiny of the Income Tax and GST authorities. This comprehensive practitioner guide provides an exhaustive operational blueprint of Section 248 voluntary strike-off, dissecting statutory conditions, document drafting protocols, tax objections, and corporate secretarial workflows using assureOffice.
- Statutory Framework & Dual Mechanisms: Distinguishing between ROC Suo-Moto strike-off under Section 248(1) and voluntary application by the company under Section 248(2).
- Substantive Eligibility Conditions: Failure to commence business within 1 year of incorporation, or non-carrying on of business for 2 immediately preceding financial years without obtaining dormant status under Section 455.
- Statutory Prohibitions under Section 249: Ten strict legal bars precluding strike-off, including changing name or registered office, disposing of property for commercial gain, or undergoing investigations within the preceding 3 months.
- Documentation & Procedural Architecture: Step-by-step preparation of e-Form STK-2, Form STK-3 (Indemnity Bond), Form STK-4 (Affidavit), Form STK-8 (CA Statement of Accounts), and board/general meeting resolutions.
- Multi-Agency Clearance & Objections: ROC public notice (STK-5/STK-6), MCA intimation to Income Tax, GST, and RBI, handling departmental objections, and survival of director liabilities under Section 248(7).
- NCLT Restoration Mechanics: Section 252 appeal provisions allowing aggrieved creditors, members, or the company to seek revival within 3 or 20 years.
1. Statutory Architecture: Section 248(1) vs Section 248(2)
Chapter XVIII (Sections 248 to 252) of the Companies Act, 2013, read with the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, establishes a comprehensive statutory mechanism for striking off companies. The law creates two distinct routes for removal of names:
| Dimension | Section 248(1) - ROC Suo-Moto Strike-Off | Section 248(2) - Voluntary Strike-Off by Company |
|---|---|---|
| Initiator | The Registrar of Companies (ROC) / Ministry of Corporate Affairs (MCA). | The Company itself through its Board of Directors and Shareholders. |
| Statutory Trigger | ROC has reasonable cause to believe that company is not operating. | Company decides to formally close its corporate entity and extinguish liability. |
| Required Legal Form | Notice issued by ROC in Form STK-1 (Show Cause Notice). | Company files e-Form STK-2 on MCA portal along with prescribed ₹10,000 fee. |
| Shareholder Approval | Not applicable (administrative action by sovereign authority). | Special Resolution passed by members or written consent of 75% members in terms of paid-up share capital. |
| Pre-requisite Settlement | Assets and liabilities may remain unliquidated (creating legal exposure for directors). | Mandatory extinguishment of all liabilities prior to making application. Zero debt condition. |
| Director Penal Exposure | High risk: Often accompanied by director disqualification under Section 164(2) and DIN freezing. | Controlled compliance exit: Directors avoid continuing penalties and safeguard clean corporate records. |
The substantive text of Section 248(2) states:
"(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."
2. Substantive Grounds for Voluntary Strike-Off
A company can apply under Section 248(2) on any of the four statutory grounds enumerated under Section 248(1):
- Failure to Commence Business within One Year: The company failed to commence its business operations within one year of its date of incorporation. (Note: For companies incorporated on or after November 2, 2018, filing Form INC-20A for declaration of commencement of business is an essential baseline).
- Two Consecutive Years of Inactivity: The 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.
- Failure to File INC-20A within 180 Days: The subscribers to the memorandum have not paid the subscription money which they had undertaken to pay at the time of incorporation, and a declaration to this effect has not been filed under Section 10A within 180 days of incorporation.
- Physical Verification Non-Existence: The company is not carrying on any business or operations, as revealed after the physical verification carried out under Section 12(9) by the ROC.
3. Statutory Prohibitions: When a Company CANNOT Apply (Section 249)
Section 249 of the Companies Act, 2013 places absolute statutory prohibitions on making an application under Section 248(2). If any of the following events occurred within the immediately preceding three months, filing Form STK-2 is prohibited by law:
| Prohibition Clause | Statutory Restriction under Section 249(1) | Practical Implication for Corporate Secretarial Teams |
|---|---|---|
| Clause (a) | Company has changed its name or shifted its registered office from one State to another. | Must maintain status quo of corporate identity and jurisdiction for at least 90 days before applying. |
| Clause (b) | Company has made a disposal for value of property or rights held by it, immediately before cesser of trade, for the purpose of disposing for gain in the normal course of trading or business. | Permitted to dispose of assets solely for the purpose of realizing cash to extinguish existing liabilities, but not for trading gains. |
| Clause (c) | Company has engaged in any other activity, except one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so, or concluding the affairs of the company. | Must cease all commercial contracts, invoicing, and service deliveries. Routine winding-down steps are permitted. |
| Clause (d) | Company has made an application to the Tribunal (NCLT) for the sanctioning of a compromise or arrangement (merger/demerger) and the matter has not been finally concluded. | Ongoing schemes of arrangement must be finalized or formally withdrawn. |
| Clause (e) | Company is being wound up under Chapter XX of Companies Act, 2013 or under the Insolvency and Bankruptcy Code, 2016. | Cannot bypass pending insolvency or liquidation proceedings through fast-track strike-off. |
Other Categories of Excluded Companies
Under Rule 3 of the Strike-Off Rules, the following entities are strictly excluded from applying under Section 248:
- Listed companies;
- Companies registered under Section 8 (Non-profit companies / Charitable companies);
- Companies having charges registered that are pending satisfaction on the MCA index (Form CHG-4 must be filed first to satisfy all charges);
- Companies against which an inspection or investigation is ordered, or inquiries are pending under Chapter XIV;
- Companies against which prosecution for an offence is pending in any court; and
- Housing finance companies, non-banking financial companies (NBFCs), asset reconstruction companies (ARCs), and collective investment schemes without prior NOC from RBI / SEBI / NHB.
4. Step-by-Step Procedural Roadmap for Form STK-2 Filing
Executing a successful voluntary strike-off requires methodical secretarial and financial coordination across eight sequential stages:
Stage 1: Financial & Statutory Due Diligence
Before initiating corporate resolutions, the company must conduct comprehensive due diligence using assureFinancials:
- Extinguishment of Liabilities: All unsecured loans, trade payables, statutory dues (TDS, GST, PF, ESI, Professional Tax), and director advances must be paid off. Every liability on the balance sheet must be settled to zero.
- Disposal of Assets: Tangible assets (furniture, laptops, vehicles) must be sold or transferred. Bank balances must be utilized to pay creditors or distributed to shareholders in proportion to their shareholding as return of capital.
- Closure of Bank Accounts: Once all dues are paid and zero balance is reached, the corporate bank account must be formally closed, and a Bank Account Closure Certificate must be obtained from the bank branch manager.
- Active Charge Index Check: Verify on the MCA master data portal that no open charges exist against the company. If any charge is open, file Form CHG-4 with ROC immediately.
Stage 2: Board Meeting & Approval
Convene a meeting of the Board of Directors with proper notice under Section 173 to pass resolutions:
- To approve the closure and strike-off of the company under Section 248(2);
- To approve the draft Statement of Accounts (Form STK-8) showing nil assets and nil liabilities;
- To authorize two directors (one of whom must be Managing Director if any) to sign and execute Form STK-2, Indemnity Bonds (STK-3), and Affidavits (STK-4); and
- To fix the date, time, and venue of the Extra-Ordinary General Meeting (EGM) to pass a Special Resolution, or approve obtaining written consent from 75% members.
Stage 3: Shareholder Approval (Special Resolution or 75% Consent)
Under Section 248(2), the company must obtain shareholder authorization through one of two routes:
- Route A (EGM Special Resolution): Convene an EGM with 21 clear days' notice (or shorter notice with consent of 95% members) and pass a Special Resolution approving the strike-off.
- Route B (Written Consent): Obtain signed written consents from at least 75% members in terms of paid-up share capital approving the removal of the company's name.
Stage 4: Statement of Accounts in Form STK-8
The company must prepare a balance sheet and statement of profit and loss showing NIL assets and NIL liabilities. This statement must be drawn up to a date not more than thirty days before the date of filing Form STK-2. The statement must be audited and certified by an independent practicing Chartered Accountant in Form STK-8.
Stage 5: Execution of Director Indemnity Bonds & Affidavits
All directors of the company must execute individual legal undertakings:
- Form STK-3 (Indemnity Bond): Executed by all directors jointly or severally on non-judicial stamp paper of appropriate state value, duly notarized. The directors legally undertake to indemnify any person for any losses, claims, or liabilities that may arise against the company after its name is struck off.
- Form STK-4 (Affidavit): Executed by each director on non-judicial stamp paper, affirmed before a notary public, verifying under oath that the company has no debts, no pending litigation, and that all statements in the application are true.
Stage 6: Filing e-Form STK-2 on MCA Portal
Upload e-Form STK-2 on the MCA V3 portal along with the statutory filing fee of ₹10,000. The mandatory attachments to Form STK-2 are:
- Certified copy of Board Resolution;
- Certified true copy of Special Resolution or signed 75% Member Consent Letters;
- Statement of Accounts in Form STK-8 certified by a practicing Chartered Accountant (not older than 30 days);
- Indemnity Bond in Form STK-3 duly stamped and notarized;
- Affidavit in Form STK-4 by each director duly stamped and notarized;
- Bank Account Closure Certificate from the banker;
- Copy of the latest filed Form AOC-4 and MGT-7 acknowledgment (up to the active trading period); and
- No-Objection Certificate (NOC) from relevant sectoral regulatory authority (if applicable, e.g., RBI, SEBI).
Stage 7: Public Notice by ROC (Form STK-5 & STK-6)
Upon receiving Form STK-2, the ROC scrutinizes the documents. If satisfied, the ROC initiates public notice procedures:
- Publishes a public notice in Form STK-6 on the official MCA website;
- Publishes the notice in the Official Gazette of India;
- Publishes an announcement in two newspapers (one English national daily and one vernacular daily in the district where the registered office is located); and
- Simultaneously sends intimation letters to the Income Tax Department, GST authorities, and Enforcement Directorate (ED) inviting objections within thirty (30) days.
Stage 8: Final Strike-Off & Dissolution (Form STK-7)
If no objections are received from the public or regulatory departments within the 30-day notice period, the ROC strikes off the company's name from the register and issues a formal Notice of Dissolution in Form STK-7 published in the Official Gazette. Upon such publication, the company stands formally dissolved!
5. Crucial Interplay with Income Tax & GST Authorities
The most common hurdle in fast-track corporate strike-off is an objection lodged by the Income Tax Department or GST authorities.
Income Tax Scrutiny Mechanics
Under Section 248(5) read with Rule 7, the ROC is legally bound to inform the Principal Chief Commissioner / Chief Commissioner of Income Tax having jurisdiction over the company. The Income Tax Department examines its internal databases:
- Pending Assessments & Reassessments: Are any proceedings under Section 143(3), 144B, 147, or 148A pending?
- Outstanding Tax Demands: Does the company have any uncollected tax demands under Section 156 on the CPC / ITBA portal?
- High-Value Financial Transactions: Does the Insight portal show unexplained cash deposits, high-value asset sales, or undeclared turnover?
If any demand or proceeding exists, the Assessing Officer files a formal objection with the ROC in Form STK-6, halting the strike-off. The corporate tax audit module in assureTax allows secretarial practitioners to perform pre-closure portal audits to ensure zero pending income-tax demands.
Continuing Personal Liability of Directors (Section 248(7))
Many promoters mistakenly believe that once a company is struck off, all past tax liabilities vanish. Section 248(7) completely dismantles this misconception:
"(7) The liability, if any, of every director, manager or other officer who was exercising any power of management, and of every member of the company dissolved under sub-section (5), shall continue and may be enforced as if the company had not been dissolved."
Furthermore, under Section 179 of the Income-tax Act, 1961, where any private company is wound up or struck off and any tax due cannot be recovered, every person who was a director of the private company during the relevant previous year shall be jointly and severally liable for the payment of such tax, unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance, or breach of duty on his part.
6. Striking Off vs Winding Up vs Corporate Insolvency (IBC)
Corporate advisors must evaluate the appropriate exit pathway based on the enterprise's financial profile:
| Parameter | Fast Track Strike-Off (Section 248) | Members' Voluntary Winding Up (IBC Sec 59) | Compulsory Insolvency (CIRP under IBC) |
|---|---|---|---|
| Applicability | Defunct / Inactive companies with NIL assets and NIL liabilities. | Solvent operational companies with assets and ability to pay debts in full. | Insolvent companies unable to pay debts exceeding ₹1 Crore. |
| Forum / Authority | Administrative action by Registrar of Companies (ROC). | Registered Insolvency Professional (Liquidator) + NCLT final approval. | Adjudicating Authority: National Company Law Tribunal (NCLT). |
| Time Frame | 3 to 6 months from filing Form STK-2. | 12 to 18 months. | 180 to 330 days (often prolonged). |
| Professional Costs | Low: Government fee ₹10,000 + secretarial/CA fees (~₹30,000 to ₹50,000). | High: Liquidator fees, legal advertising, NCLT counsel (~₹3L to ₹10L). | Very High: Committee of Creditors costs, resolution professional fees. |
| Court Appearance | None. 100% digital electronic filing via MCA portal. | Formal petition and hearings before NCLT Bench. | Multiple contentious hearings before NCLT and NCLAT. |
7. Restoration of Struck-Off Companies before NCLT (Section 252)
If a company has been struck off—either suo-moto by the ROC or even voluntarily through fraud/misrepresentation—the statute provides a revival mechanism under Section 252 of the Companies Act:
Appeal within 3 Years (Section 252(1))
Any person aggrieved by an order of the Registrar notifying a company as dissolved under Section 248 may file an appeal to the National Company Law Tribunal (NCLT) within three years from the date of the order. If the Tribunal is satisfied that the company was at the time of its name being struck off carrying on business or in operation or otherwise it is just that the name be restored, it may order restoration.
Application within 20 Years (Section 252(3))
If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off, the NCLT on an application made within twenty (20) years from the publication in the Official Gazette, can order restoration if it is satisfied that the company was carrying on business or it is just that the name be restored.
Common Grounds for Section 252 Revival:
- The company owned valuable immovable property, intellectual property, or bank fixed deposits that were trapped upon dissolution;
- Creditors seeking to recover unpaid debts or execute arbitration awards against the company; and
- Income Tax Department seeking to reopen assessments under Section 148 to recover concealed tax revenues.
8. Real-World Practical Case Studies
Case Study 1: IT Startup Voluntary Closure after Bootstrapped Operations
Context: CloudVenture Technologies Pvt Ltd was incorporated in Bengaluru in June 2023. The promoters developed software for 18 months but failed to achieve product-market fit. In December 2024, the founders decided to wind down. The company filed INC-20A within 180 days, closed all software contracts, and held ₹1,50,000 in its current bank account with no outstanding debts.
Execution Strategy:
- The founders paid pending ROC annual filing fees for FY 2023-24 (Form AOC-4 and MGT-7).
- The remaining ₹1,50,000 bank balance was disbursed to the two founder-shareholders as return of equity capital.
- The corporate bank account was closed on January 15, 2025, and a closure certificate was obtained.
- An independent Chartered Accountant audited the books as of January 20, 2025, certifying NIL assets and NIL liabilities in Form STK-8.
- Both directors executed Form STK-3 Indemnity Bonds and Form STK-4 Affidavits.
- Form STK-2 was filed on February 1, 2025, with ₹10,000 fee.
Outcome: No objections were lodged by the Income Tax Department. The ROC Bengaluru issued Form STK-7 in June 2025, smoothly dissolving the startup within five months.
Case Study 2: The Three-Month Statutory Bar Trap under Section 249
Context: Precision Auto Parts Pvt Ltd sold its manufacturing shed and machinery on October 15, 2025, realizing a profit. On November 5, 2025, the board passed a resolution to shift its registered office from Maharashtra to Gujarat. On December 1, 2025, the company filed e-Form STK-2 for strike-off.
Defect & Rejection: Under Section 249(1)(a), a company cannot apply under Section 248 if it has shifted its registered office within the previous three months. Furthermore, disposing of assets for trading gains within 90 days breached Section 249(1)(b). The ROC issued an outright rejection notice, directing the company to wait until the statutory 90-day cooldown period elapsed.
Case Study 3: Income Tax Objection Stalling Strike-Off
Context: Zenith Commodities Pvt Ltd applied for strike-off in Form STK-2 on April 10, 2025. During the 30-day public notice window under Form STK-6, the Income Tax Assessing Officer observed on the ITBA portal that a reassessment notice under Section 148 for AY 2020-21 was pending regarding an unexplained cash deposit of ₹25,00,000.
Consequence: The Assessing Officer filed a formal objection with the ROC. The ROC immediately marked the company's status as "Strike-Off Under Objection" and refused to issue Form STK-7. The directors were forced to contest the tax assessment before the appellate authority before the company could be dissolved.
9. Step-by-Step Audit & Secretarial Verification Checklist
Practitioners can use this verification checklist when managing corporate strike-offs in assurePractice:
| Step | Audit Checkpoint | Statutory Reference | Verification Document / Action |
|---|---|---|---|
| 1 | Verify INC-20A Commencement of Business | Section 10A Companies Act | Verify SRN of approved Form INC-20A on MCA portal. |
| 2 | Ensure Annual Filings are Updated | Rule 4(1) Strike-Off Rules | File Form AOC-4 and MGT-7 up to the financial year the company ceased business operations. |
| 3 | Verify Three-Month Inactivity Cooldown | Section 249(1) | Ensure no name change, office shifting, or commercial property disposals in past 90 days. |
| 4 | Verify Zero Charge Status | Rule 3(1)(vi) | Check MCA Index of Charges. File Form CHG-4 for any satisfied loans. |
| 5 | Execute Asset & Debt Liquidation | Section 248(2) | Pay all creditors, close bank account, obtain Bank Closure Letter. |
| 6 | Audit Form STK-8 Statement of Accounts | Rule 4(3)(a) | Obtain CA-certified Balance Sheet showing NIL assets and NIL liabilities (within 30 days of filing). |
| 7 | Pass Board & Shareholder Resolutions | Section 248(2) | Convene EGM for Special Resolution or collect 75% written member consents. |
| 8 | Draft & Notarize STK-3 and STK-4 | Rule 4(3) | Execute Indemnity Bonds (STK-3) and Affidavits (STK-4) on non-judicial stamp paper. |
| 9 | Pre-Filing Tax Portal Audit | Rule 7 | Check Income Tax e-filing portal and GST portal for zero pending demands in assureTax. |
| 10 | File e-Form STK-2 | Rule 4(1) | Upload on MCA V3 with ₹10,000 fee and monitor STK-6 public notice. |
10. Operational Integration with assureOffice Suite
The assureOffice software ecosystem provides specialized corporate secretarial tools:
- assureFinancials: Generates the final NIL Balance Sheet and Statement of Profit and Loss, verifying that all ledger heads have been reduced to zero before generating Form STK-8 working papers.
- assurePractice: Tracks statutory strike-off workflows, automatically populating Board Resolutions, EGM Special Resolutions, Form STK-3 Indemnity Bonds, and Form STK-4 Affidavits with director particulars.
- assureTax: Conducts comprehensive direct and indirect tax portal audits, checking for pending assessments, outstanding demands, and open GST return filings to prevent regulatory objections.
- assureNotice: Repository of legal formats and response drafts for answering ROC queries or filing revival petitions under Section 252 before the National Company Law Tribunal.
11. Practitioner FAQs: Navigating Corporate Strike-Off
Q1. Is it mandatory to file overdue annual returns (AOC-4 & MGT-7) for all years before filing STK-2?
Under the amended Strike-Off Rules, the company must file Form AOC-4 and MGT-7 up to the financial year in which the company ceased to carry on business. If a company incorporated in 2019 carried on business until FY 2021-22 and was inactive thereafter, it must complete annual filings up to FY 2021-22. Filing returns for subsequent inactive years is not mandatory if the company applies for strike-off.
Q2. Can a company with an active corporate bank account file Form STK-2?
No. An open bank account indicates financial life. The bank account must be formally closed, and a Bank Account Closure Certificate from the banker must be attached to Form STK-2. The balance sheet in Form STK-8 must reflect zero cash and bank balances.
Q3. Can an ongoing tax demand be settled after filing Form STK-2?
No. Any existing tax demand must be settled or formally rectified prior to filing Form STK-2. If the Income Tax Department detects an open demand during the 30-day notice period under Form STK-6, it will file an objection, resulting in the rejection or freezing of the application.
Q4. What is the difference between Form STK-3 and Form STK-4?
Form STK-3 is an Indemnity Bond wherein directors undertake personal liability to indemnify any future claimant or statutory authority for undisclosed liabilities. Form STK-4 is an Affidavit wherein directors affirm under oath that all facts stated in the application are true, that no debts exist, and that no litigation is pending.
Q5. Can a company with open charges on the MCA portal apply for strike-off?
No. Under Rule 3(1)(vi), a company having registered charges that are pending satisfaction cannot apply. The company must first satisfy the charge by obtaining a satisfaction letter from the bank and filing Form CHG-4 with the ROC.
Q6. Does striking off a company absolve the directors from past liabilities?
No. Under Section 248(7), the liability of every director, manager, and member of the dissolved company continues and may be enforced personally as if the company had not been dissolved.
Q7. What happens if a director refuses to sign Form STK-3 or STK-4?
Form STK-2 requires affidavits and indemnity bonds from all directors. If a rogue director refuses to sign, the company cannot execute voluntary strike-off under Section 248(2). The remaining shareholders must remove the director under Section 169 or approach the NCLT.
Q8. What is the statutory filing fee for e-Form STK-2?
The prescribed filing fee for e-Form STK-2 on the MCA portal is ₹10,000. There are no additional late filing fees on Form STK-2 itself.
Q9. Can a Section 8 (Non-Profit / Charitable) company apply for strike-off under Section 248?
No. Section 8 companies are specifically prohibited from applying under Section 248 by virtue of Rule 3(1)(ii) of the Strike-Off Rules. A Section 8 company must undergo formal winding up or convert into a normal company before closure.
Q10. Can a company be revived after its name is struck off?
Yes. Under Section 252 of the Companies Act, 2013, an application for restoration can be made to the NCLT within 3 years by any aggrieved person, or within 20 years by the company, a member, or a creditor.
Q11. What is the validity period of the Statement of Accounts in Form STK-8?
The Statement of Accounts in Form STK-8 must be made up to a date not more than thirty (30) days prior to the date of filing e-Form STK-2.
Q12. Is physical presence or court hearing required for strike-off?
No. Fast-track strike-off under Section 248 is a completely digital, non-adjudicatory administrative process managed through the MCA V3 portal without any court appearance.
Q13. How long does the ROC take to approve Form STK-2?
Typically, the entire process takes between three to six months, accounting for document verification, publication of Form STK-6 public notice, the 30-day regulatory objection window, and publication of Form STK-7 in the Gazette.
Q14. Can a company whose directors are disqualified under Section 164(2) file STK-2?
If all directors are disqualified, their digital signatures (DSC) cannot be used to sign MCA forms. The shareholders must first appoint new eligible directors under Section 167(3) through the ROC backend before filing Form STK-2.
Q15. Can an overseas foreign director sign Form STK-3 and STK-4 abroad?
Yes. If a non-resident foreign director signs the indemnity bond and affidavit outside India, the documents must be notarized and apostilled in accordance with the Hague Apostille Convention, or consularized by the Indian Embassy in that jurisdiction.
Q16. What should a company do with its GST registration before applying for strike-off?
The company must apply for cancellation of its GST registration in Form GST REG-16 on the GST portal, settle any input tax credit reversals on closing stock, file the Final Return in Form GSTR-10, and obtain the formal cancellation order in Form GST REG-19.