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It is a challenging process to shut down a private limited company. There are several ways depending upon the requirement of the business owner to shut down a private company. The ways in which a private company can be shut down:
Section 248 of the Companies Act, 2013[1] deals with the strike off provisions of a defunct private limited company. Any Defunct Company who want to strike off its name from the register of Registrar of Companies can apply via Form FTE for strike off its name from the register maintained by ROC. Annual filing private limited company may be declared defunct and shut down by petitioning the Registrar of Companies.
If the ROC is satisfied with the given application for strike off the company then it will strike off the name of the company and will declare that company as defunct, and a notice regarding the same shall be published by the ROC in the official gazette. The approval of form FTE takes around one month from the date of filing of the application.
(a) Voluntary winding up; or
(b) By the Tribunal (also known as compulsory winding up)
Also, Read: Winding Up of Producer Company.
In the case of voluntary winding up, the process is undertaken without court supervision.
The tribunal has the power either to dismiss or to make an interim order after hearing the petition for winding up, or it has also the power to appoint the provisional liquidator of the company till the passing of winding up the order.
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