Frequently asked questions about dissolve a private limited company
Once a company has been incorporated, it is legally obligated to adhere to various applicable compliances. Non-compliance thereof may entail serious consequences, such as hefty penalties, initiation of legal proceedings, and directors getting disqualified from becoming directors in any other company. Accordingly, in an event where a company neither has any ongoing business/ operations nor is expected to operate in the foreseeable future, it is advisable to legally close such a company. Such legal closure of a company is also referred to as winding-up or strike off of a company. Certain relevant queries in connection with the same have been dealt with below.
- The company becomes exempted from undertaking various applicable and onerous compliance.
- The company and its directors may avoid hefty penalties arising due to various non-compliance.
- Completion of all pending compliance
- Disposing off all assets and settling all liabilities
- Nil transaction in company’s bank account(s)for at least three months
- Consent letter from all shareholders and directors
- Affidavit from all the directors
- Indemnity bond from all directors
- PAN card of Company
- PAN card of all the directors.
- Aadhar card of all the directors
- Special resolution passed by the company for the winding up
- Application to ROC for winding up
- Statement of asset and liabilities duly certified by the Chartered Accountant
- Latest Income tax return filed by the company
- Closure letter of all the Bank accounts operated by the Company.
- All the registration Certificates obtained
- Convene a Board meeting and pass a resolution for winding up a company
- Issue a notice for calling General Meeting to take the approval of shareholders of the company
- In General meeting pass a special resolution for winding up
- Take the NOC from the creditor of the company
- File the application along with the respective documents as mentioned above to the registrar of companies
- Appropriate Government fees is payable depending upon the authorized capital of the company.
The time period required for winding up of Company shall depend upon various factor, however, based on our past experience it takes around 3 to 6 months to obtain a closure certificate from the department.
Legal Terminus can help you with winding up in a hassle-free manner within a reasonable time span and competitive Professional fees. To know more please book a telephonic appointment with one of our consultants for free.
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