Which documents are required to make an application for strike off under FTE?

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Sakshi Shah

FTE
Start & Run Business
Winding Up
Last updated on May 5th, 2021

The MCA has introduced the Fast Track Exit scheme for easy strike off of a company with fewer compliances and lesser cost. You can make an application for FTE in Form STK-2 along with the other important documents.

When a company files Form STK-2 to make an application for strike off under the Fast Track Exit Mode (FTE), it should submit the following documents:

  1. Affidavit – An affidavit in Form STK-4 duly notarised and signed by all the directors of the company. In the affidavit, the director shall declare either of the following:
    • The company has not carried on any business since its incorporation
    • The company did some business up to a specified date, then discontinued its operations and has not carried on any business since the last year.
  2. Indemnity Bond – An indemnity bond in Form STK-3 duly notarised and signed by all the directors of the company. This mentions that every director shall be individually or collectively responsible to pay off the liabilities or losses that may arise even after the company is struck off.
  3. Statement of Accounts – A statement of accounts containing the assets and liabilities of the company up to a specified date. The specified date should not be more than 30 days before making the application for strike off under FTE. It is important to have the statement of accounts signed by the directors and by a certified Chartered Accountant.
  4. Board Resolution – Copy of Board Resolution authorizing the directors to file the application on behalf of the company
  5. Special Resolution – Either of the following:
    • Copy of Special Resolution certified by directors of the company
    • Copies of consent from seventy-five percent of the members based on the paid-up share capital
  6. If there are any pending litigations against the company, it has to submit a statement of pending litigations
  7. Physical Copy of Form STK-2 signed by Director/MD/Manager/ Secretary if no DSC is available
  8. NOC i.e. No Objection Certificate from appropriate authority if required

FAQs

How old can be the Statement of Accounts which is required to be attached to application?

Statement of Accounts certified by chartered accountant to be attached to e-form shall not be older than 30 days preceding the date of application in e-Form STK-2.

Can a company pending income tax/sales tax/central excise/other govt dues go for the Fast Track Exit mode?

No. A Company which has not paid income tax/ sales tax/ central excise/ other Govt. dues cannot make application under FTE. Format of affidavit mentioned in the form STK-4 and e form STK-2 requires confirmation from directors that there are no dues as mentioned above are pending.

How the foreign nationals will get their Indemnity Bond and Affidavit notarized?

Foreign nationals and NRIs may get their Indemnity Bond and Affidavit notarized as per their respective country’s law.