{“@context”:”https://schema.org”,”@type”:”BlogPosting”,”headline”:”Winding Up of a Company in India: Voluntary, NCLT and Strike-Off Procedures”,”description”:”Complete guide to winding up a company in India — three modes (voluntary winding up, NCLT winding up, and Form STK-2 strike-off), Section 248 and Section 271 grounds, IBC 2016 liquidation process, and how to close a Pvt Ltd company in India step by step.”,”author”:{“@type”:”Person”,”name”:”Tradeviser Editorial”},”publisher”:{“@type”:”Organization”,”name”:”Tradeviser”},”datePublished”:”2026-09-27″,”inLanguage”:”en-IN”,”mainEntityOfPage”:{“@type”:”WebPage”,”@id”:”https://tradeviser.com/winding-up-of-a-company/”}}

{“@context”:”https://schema.org”,”@type”:”FAQPage”,”mainEntity”:[{“@type”:”Question”,”name”:”What are the modes of winding up a company in India?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Under the Companies Act 2013 and the Insolvency and Bankruptcy Code 2016, there are three main ways to wind up or close a company: (1) Voluntary Winding Up — initiated by the members or creditors under Section 304, now governed by the IBC 2016 for solvent companies; (2) Winding Up by NCLT (Tribunal) — compulsory winding up under Section 271 of the Companies Act 2013; and (3) Strike Off / Fast Track Exit — under Section 248 or Form STK-2 for defunct companies that have not commenced business or have no assets/liabilities.”}},{“@type”:”Question”,”name”:”What is Form STK-2 for closing a Pvt Ltd company?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Form STK-2 (also called the Application for Strike Off) is filed on the MCA portal under Section 248(2) for voluntary strike-off of a company. It is meant for companies that have never commenced business, or that have ceased business and have no assets or liabilities. The company must file all pending annual returns and financial statements, close bank accounts, obtain a ‘Nil’ liability confirmation, pass a board resolution and a special resolution (75% majority), and file STK-2 with the ROC. The ROC publishes a notice in the Official Gazette and, if no objections are received, strikes the company off the register.”}},{“@type”:”Question”,”name”:”What are the grounds for NCLT winding up under Section 271?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Section 271 of the Companies Act 2013 lists the grounds on which the NCLT can order winding up: (a) the company has by special resolution resolved that it be wound up; (b) the company has acted against the interests of the sovereignty, integrity or security of India; (c) on an application by the Registrar or any person authorised by the Central Government, if the company has been functioning in a fraudulent manner; (d) if the company has made a default in filing its financial statements or annual returns for immediately preceding five consecutive financial years; or (e) if the Tribunal is of the opinion that it is just and equitable that the company should be wound up.”}},{“@type”:”Question”,”name”:”What is the difference between winding up and strike off?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Strike off (Section 248) is a simpler administrative process for defunct companies with no assets, liabilities, or ongoing business. It does not involve a liquidator or court supervision. Winding up (voluntary under IBC, or compulsory under Section 271) is a formal process that involves appointing a liquidator, realising assets, paying creditors in a specified order of priority, and distributing residual assets to members before dissolution. Strike off is much faster (2–4 months) versus winding up (12 months to several years).”}},{“@type”:”Question”,”name”:”Can a company be struck off if it has pending GST or tax liabilities?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”No. A company cannot apply for strike off under Section 248 if it has pending litigation, pending income tax assessments, outstanding GST liabilities, undischarged liabilities, or pending criminal proceedings. The company must first settle all liabilities, cancel its GST registration (GSTIN), file all pending income tax returns, and close all bank accounts before filing Form STK-2. The directors sign an indemnity bond and a declaration of solvency as part of the STK-2 filing.”}}}]}

{“@context”:”https://schema.org”,”@type”:”HowTo”,”name”:”How to Close a Pvt Ltd Company via Strike Off (Form STK-2)”,”step”:[{“@type”:”HowToStep”,”position”:1,”name”:”File all pending ROC returns”,”text”:”Ensure all overdue annual returns (MGT-7) and financial statements (AOC-4) are filed with the MCA. Strike off cannot proceed if annual filings are in default.”},{“@type”:”HowToStep”,”position”:2,”name”:”Cancel GST registration and file final returns”,”text”:”Cancel the company’s GSTIN through the GST portal, file all pending GST returns including GSTR-10 (final return after cancellation). Obtain GST cancellation order.”},{“@type”:”HowToStep”,”position”:3,”name”:”Close all bank accounts”,”text”:”Close all the company’s bank accounts and obtain account closure letters from the banks. These are required as attachments to Form STK-2.”},{“@type”:”HowToStep”,”position”:4,”name”:”Pass board resolution and special resolution”,”text”:”Pass a board resolution authorising the application and a special resolution (at least 75% majority of members) approving the strike-off. File MGT-14 with the MCA within 30 days of the special resolution.”},{“@type”:”HowToStep”,”position”:5,”name”:”Prepare indemnity bond and declaration”,”text”:”Directors execute an indemnity bond (on stamp paper) indemnifying any future claims, and a declaration that the company has no pending liabilities or proceedings.”},{“@type”:”HowToStep”,”position”:6,”name”:”File Form STK-2″,”text”:”File STK-2 on the MCA portal with all documents — special resolution, indemnity bond, affidavit, bank account closure letter, and Chartered Accountant certification. Pay the prescribed fee.”},{“@type”:”HowToStep”,”position”:7,”name”:”ROC publishes gazette notice and strikes off”,”text”:”ROC publishes a 30-day public notice in the Official Gazette. If no objections are received, the ROC issues the final strike-off order and the company’s name is removed from the register.”}]}

CA Madhusmita Padal

CA Madhusmita Padal is a Practicing Chartered Accountant with firms based in Odisha and Chennai. She specializes in taxation, company law, and auditing. She is passionate about simplifying complex concepts and making knowledge accessible to all.