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When can a company file Form STK-2?

By Akshay Biwal Updated

A company can file Form STK-2 when it has extinguished its liabilities and its members have approved an application to strike the name off the register. The approval is a special resolution, or the consent of members holding at least 75 percent of the paid-up share capital. The form is not available in every month, and this page does not quote its fee.

When can it be filed?

Section 248(2) is the company’s own application. The Registrar publishes a notice and, if no cause is shown, strikes the name off. How that wider route works is on the strike-off page. Financial statements and annual returns that have already fallen due are still filed, up to the financial year in which the company ceased to carry on business.

When is it blocked?

The company does not file STK-2 if, in the previous three months, it has changed its name or shifted its registered office from one state to another, or it has disposed of property for value outside the ordinary course of closing down. It also does not file while a compromise application before the Tribunal is open, or while the company is being wound up. An activity that is only for making this application, or for concluding affairs, does not by itself block the form.

What is not STK-2?

An LLP uses Form 24. That route is on the LLP strike-off page. Dormant status is not strike-off. A company that still owes a debt does not qualify under section 248(2).

Frequently asked questions

Four questions cover debts, an LLP, overdue forms, and the fee.

Can a company with debts file it?

No. Section 248(2) requires the company to extinguish its liabilities before it applies.

Does an LLP use STK-2?

No. An LLP is struck off in Form 24 under the LLP Rules. STK-2 is a company form.

Must overdue annual forms still be filed?

Yes. Financial statements and annual returns that are already due are filed up to the year in which the company ceased business. Strike-off does not wipe those filings.

Does this page quote the fee?

No. The application carries the government fee. The figure is not restated here.

Sources

A company’s application to strike off its name is section 248(2) of the Companies Act, 2013, filed in Form STK-2. The blocks on a recent name change, a move of the registered office, and a disposal of property are in the removal-of-names rules.

  1. How is a company struck off?
  2. How is an LLP struck off?