Winding Up & Liquidation

Closing a company properly — strike off under Section 248, voluntary liquidation under the IBC, dormant status and LLP closure.

Contact Us
Strike off · Voluntary liquidation · Dormant status · LLP closure Strike off · Voluntary liquidation · Dormant status · LLP closure Strike off · Voluntary liquidation · Dormant status · LLP closure Strike off · Voluntary liquidation · Dormant status · LLP closure

Winding Up & Liquidation

A company that has stopped trading does not stop being a company. Its filings remain due, its directors remain exposed to penalties and disqualification, and its name stays on the register until somebody takes it off. Companies are abandoned far more often than they are closed, and the cost of that surfaces years later — usually when a director tries to incorporate something new.

Akash & Co. closes companies properly. We identify which route the company qualifies for, complete it end to end, and hand back the documentation that shows the closure was done correctly.

What we do

Application in Form STK-2, with the affidavits, indemnities, statement of accounts and approvals it requires.

For solvent companies with a clean declaration of solvency — from appointment of the liquidator through public announcement, claim verification, realisation, distribution and dissolution.

For companies being preserved for future use rather than closed, with the reduced filing regime that follows.

Including Form 24 and the settlement of partner accounts.

Branch, liaison and project offices, and the RBI and AD Bank formalities for repatriation.

Regularising outstanding filings, satisfying charges, closing bank accounts, surrendering registrations and settling statutory dues.

Before the NCLT, where a name has been removed and needs to be brought back.

Before the Tribunal on the grounds that survive alongside the IBC framework.

Who this is for

Groups rationalising dormant or duplicate entities; founders closing a venture that did not work; foreign parents exiting India; and directors who have inherited a company that stopped filing years ago.

Strike off or voluntary liquidation?

These are not interchangeable, and choosing wrongly wastes months. Strike off under Section 248 is the lighter route — an application to the Registrar to remove the name from the register — but it is available only where the company meets the eligibility conditions, including having no outstanding liabilities and not having carried on business for the prescribed period.

Voluntary liquidation under Section 59 of the IBC is a full process run by an appointed liquidator. It takes longer and costs more, and it produces a far more robust closure — which matters where there are assets to distribute, creditors who might resurface, or a foreign parent that needs auditable evidence the entity was properly wound down.

One point worth knowing: strike off is not a way to escape liabilities. Removal from the register does not by itself extinguish the liability of directors and officers, and a struck-off company can be restored on application.

The FAQs

Through one of three routes, depending on the company's position: strike off under Section 248 where eligibility conditions are met; voluntary liquidation under Section 59 of the IBC where the company is solvent and there are assets or creditors to deal with properly; or, where the company is insolvent, the liquidation route under the IBC. Outstanding filings, charges and statutory dues have to be dealt with first.

Removal of the name does not automatically clear the directors. Liabilities of directors, managers and other officers continue and may be enforced as if the company had not been dissolved, and directors of companies struck off for continuous filing default can face disqualification. This is precisely why abandoning a company is worse than closing it.

Yes. An application can be made to the National Company Law Tribunal to restore a company's name to the register, within the period the law allows, by the company, a member, a creditor or a workman — and the Registrar can also seek restoration. Restoration is normally granted on the applicant undertaking to bring all outstanding filings up to date.

Send us the CIN and the last filed balance sheet and we will confirm which closure route the company qualifies for.

Book a consultation