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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.

Got Questions? Ask Away!

  1. Hey @Sofiyah_Valiante ,

    Following companies can apply for strike off under FTE:

    1. A company that has not commenced any business for one year from its date of incorporation. OR
    2. A company that has not carried any business activity for a period of two immediately preceding financial years and has not made any application to attain the status of a dormant company under Sec 455 of the Companies Act 2013

    The following companies cannot apply for strike off under FTE:

    1. Listed companies
    2. Vanishing companies
    3. Companies registered under Section 25 or Section 8 of the Companies Act 2013
    4. De-listed companies due to non-compliance of listing agreement or any other statutory laws
    5. Companies where investigation or inspection has been ordered but prosecutions are pending in court
    6. Companies where prosecution for an offence is pending in court
    7. A Company having an outstanding loan secured or unsecured
    8. A Company having management dispute
    9. Companies accepted deposits which are outstanding or default in repayment
    10. Companies whose application for compounding is pending before the competent authority. It may be for compounding the offences committed by the company or any of its officers in default
    11. The Company for which filing of documents have been stayed by court or Company Law Board (CLB) or Central Government or any other competent authority;
    12. Company with pending dues of income tax or sales tax or central excise or banks and financial institutions or government departments or local authorities
    13. Companies, where notice u/s 234, 206 or 207 of the Companies Act, 1956 has been issued by ROC and reply is pending
    14. If at any time in the previous 3 months the company:
    • Has changed its name or shifted its registered office from one state to another
    • Has made a disposal for value of property or rights held by it immediately before carrying on business for earning a profit in the normal course of trading
    • It has made an application to the Tribunal for sanctioning of a compromise or arrangement and the matter has not been finally concluded
    • It has engaged in an activity other than the one which is necessary for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company or complying with any statutory requirement
    • Is being wound up under Chapter XX of this act or under the Insolvency and Bankruptcy Code, 2016

    Hope I have resolved your query!