Strike Off of Section 8 Companies

What is Strike Off?

Strike off is the process of legally removing a company’s name from the register of companies maintained by the Registrar of Companies (ROC).
For a Section 8 Company (registered for charitable or non-profit purposes), strike off can be done when the company has ceased its operations or no longer intends to continue its activities.

---

When Can a Section 8 Company Apply for Strike Off?

A Section 8 Company can file for strike off under Section 248 of the Companies Act, 2013 if:

• It has not commenced business within one year of incorporation.
• It has not carried on any activity for the last two financial years and has not applied for dormant status.
• It has completed all liabilities & obligations.
• It has no ongoing legal proceedings.

---

Pre-Conditions for Strike Off

Before applying for strike off, the company must:

• Obtain approval from the governing authority (Regional Director) for closure of Section 8 Company.
• Close all bank accounts and settle liabilities.
• Prepare final accounts and obtain an audit report.
• Pass a Special Resolution in a general meeting of members.

---

Documents Required for Strike Off of Section 8 Company

1. Board Resolution approving strike off
2. Special Resolution passed by members
3. Approval letter from the Regional Director for closure
4. Affidavit and Indemnity Bond from all directors (Form STK-4)
5. Statement of Accounts (not older than 30 days from the date of application)
6. Nil liability certificate from a Chartered Accountant
7. PAN Card and MoA & AoA of the company
8. Proof of identity & address of all directors

---

Procedure for Strike Off

1. Convene Board Meeting to approve proposal for closure.
2. Hold General Meeting and pass a Special Resolution.
3. Seek Approval from the Regional Director for closing a Section 8 Company.
4. File Form STK-2 with the ROC along with required documents.
5. ROC reviews application and publishes notice in the Official Gazette.
6. Once approved, the company’s name is struck off and it ceases to exist legally.

---

Why Choose Calculus for Strike Off Services?

• Expertise in Section 8 Company compliance & closure procedures.
• End-to-end assistance from approvals to ROC filing.
• Guidance on settling liabilities and preparing final accounts.
• Transparent process with timely execution.

---