Strike off Section 8 Companies
11 April 2023 2023-04-19 6:27Strike off Section 8 Companies
Strike off
Section 8 Companies
Strike off refers to a process in which ROC removes the company’s name from the register of companies. Unfortunately, Section 8 companies does not have a liberty to opt for voluntary striking of..
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Incorporation of Farmer Producer Company
According to the Companies Act, 1956; a producer company can be formed by 10 or more persons; 2 or more institutions; or by a combination of both, there is no upper limitation on the number of members. The one of the objectives for the formation of producer company should be procurement, production, harvesting, grading, pooling, handling, marketing, selling or export of the product or import of good and services for the benefit of members.
The producer company facilitates the formation of co-operatives as companies and support the co-operatives to convert into companies. The concept of farmer Producer Company seeks to foster the betterment of financially aggrieved farmers in India through synergy and collective efforts.Â
Such entities seek to operate in line with the underlying objects, which typically revolve around the mutual financial growth of the member. As such, Farmer Company has no intention to serve the public domain in any way.
Note: Farmer Company Can also serve a Role of a Lending Agency with RBI’s Consent.Â
Objectives of the Farmer Producer CompanyÂ
The producer company is essentially permitted to undertake any of the following tasks by itself or through other entities on behalf of the members:
- The procurement, production, harvesting, grading, pooling, handling, marketing, selling or export of the product or import of good and services for the benefit of members.
- Processing including preserving, distilling, brewing, canning, & packaging the produce of members.
- Manufacture, sale, or supply of machinery, equipment or consumables to its members
- Providing education to its members and others on basis of mutual assistance principles.
- Giving technical services, consultancy services, research and development, training, etc, for promoting interest of members.
- Generation, transmission and distribution of power. Restoration of land and water resources, its use conversation and communication relating to primary produce.
- Insurance of primary produce and their producers.
- Promotion of techniques of mutuality and mutual assistance.
- Welfare measures for benefit of members.
- Any other activity which is ancillary or incidental to above-mentioned objectives.
- Financing all activities or extending credit facilities or financial conditions of the members.
Benefits relating to strike off section 8 companies
The section below discusses the common benefits of striking off section companies in India:
Avoid Compliance
Once registered, Section 8 company is liable to follow the ever-evolving compliances under the Companies Act, 2013 for its entire lifecycle. This may be a problem for a company lacking sound management for addressing such compliances. This is one of the prominent reasons why companies opt to strike off their existence.
Avoid Fines
A company that fails to comply with compliances on time typically ends up paying hefty penalties and fines. Some penalties are so severe that they restrain directors from serving another company. Being non-operational is another reason that could create such conditions for the company. Ideally, striking-off is the only solution to such a problem.Â
Low Cost
The cost of running a business that does not have an income is much higher than striking off the company. Therefore, striking off a section 8 company that does not have any activities or is dormant is a viable option for it.Â
Mandatory Documents for Striking Off Procedure
- Special resolution and notice convening the meeting
- Memorandum of association (MoA);
- Articles of association (AoA);
- Board resolution
- Special resolution and notice of the general meetingÂ
- Certificate issued by practising CA/CS/CWAÂ
- Statement of the company’s asset and liabilities authenticated by the auditorÂ
- Company assets valuation report by a registered valuerÂ
- NOC by all the creditors, if anyÂ
- A declaration by the company’s directorsÂ
- Certificate of Incorporation
- PAN
- Memorandum of Association of company
- Article of Association of company
- Last year audited balance sheet & profit & loss A/c
- Audit report
- Copy of newspaper advertisement
- Digital Signature Certificate of existing director
Procedure to strike off section 8 companiesÂ
As mentioned earlier, Section 8 companies do not have a standard procedure to close their business affairs. Strike off section 8 companies only come to an effect after the following the given procedureÂ
1. Application with MCA for ConversionÂ
Company conversion is the first step in the strike off procedure. To serve this purpose, the applicant firm needs to submit a prescribed application with the Ministry of Corporate Affairs along with the documents mentioned above.Â
2. Application and Documentation scrutinyÂ
Upon receiving the application and documents, the said authority shall make some legal checks against the rules mentioned under the governing legislation.Â
3. Approval by MCA for conversion
If the authority does not find any errors or discrepancies during the verification, they will grant their approval for conversion to the applicant firm.Â
4. Application for Strike off the private limited company as convertedÂ
In this step, the applicant can address the formalities for striking off the company name. For this, they are required to file the prescribed application with the Ministry of Corporate Affairs along with standard documentation and standard fees.Â
5. Approval for Strike off
Approval for Strike off shall be granted by the authority after making in-depth verification of the submitted application and supported documents.Â
Outcome relating to strike off section 8 companies
- Strike off section 8 companies imply that the company shall no longer be able to continue their business journey on the legal front i.e. they will cease to exist after following this process
- The certificate of incorporation is deemed to be cancelled
- No further operations can be executed, and neither the annual return would be possible.
- The company’s name shall be discarded from the register of companies by ROC.
Let Corpbiz Support be your guiding aid for handling Strike off compliances
oneandonlysolution is a tech-savvy business agency. It aids in end-to-end compliance, incorporation, management consultancy and advisory services to clients domestic and abroad.Â
The process of Strike off of Section 8 Company is seamless and cost-effective at oneandonlysolution . We also facilitate strike off services to different entities, including OPC and LLP. Additionally, we render services relating to company annual filing and secretarial compliance at the best rate. You can connect with a oneandonlysolution compliance expert for a free consultation.Â
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