pvtltd.co

Company · Wind-down

We're shutting the company down — what's the cleanest exit?

The short answer

For a company that has stopped (or never started) business, the clean exit is voluntary strike-off: extinguish liabilities, close bank accounts, get all filings current, then file STK-2 with the C-PACE registry. Two years of inactivity (or never commencing within a year of incorporation) qualifies you. The alternative for a company you may want later is dormant status (MSC-1) — cheaper to maintain than to resurrect. Neither route erases director liability for the past.

The paperwork nobody tells you about

Statutory formats that never touch the MCA portal — but an ROC inspection or due diligence will ask for every one of them.

Indemnity bond & affidavit (STK-3/STK-4)

Directors' indemnity and affidavits accompanying STK-2

Rule 4, Companies (Removal of Names) Rules, 2016

Statement of accounts

CA-certified statement not older than 30 days before STK-2

Rule 4, Companies (Removal of Names) Rules, 2016

The sequence

  1. 1Stop operations; extinguish liabilities; close bank accounts
  2. 2Bring pending AOC-4/MGT-7 filings current (ROCs reject strike-off over gaps)
  3. 3Special resolution or 75% member consent
  4. 4File STK-2 with indemnity bond, affidavits, and CA-certified statement of accounts
  5. 5Respond to the C-PACE notice cycle until dissolution is published

Questions founders actually ask

Can we strike off with pending filings?

Practically no — the ROC expects the filing record to be current up to the point the company stopped business. Budget for clearing the backlog as part of the exit cost.

Strike-off vs dormant — how do we choose?

Strike-off is death; dormancy is a coma you can wake from with MSC-4. If the brand, licences, or the company's history might matter later, dormancy (MSC-1, with minimal annual MSC-3 filings) is often worth the small annual cost.

Does strike-off end director liability?

No. Liabilities and prosecutions survive against every officer as if the company continued — and the company itself can be restored to the register (section 252) for up to twenty years for that purpose.

Last verified 2026-08-24 against MCA V3 records and ICSI reference material. Form-level deadlines and penalties live on the linked form pages and update there.