Saanika ( Vasai (W) )
12-May-2026 07:03 AM
Strike off & S. 164
A company can be struck off if it hasn't carried on any business operations for 2 years or more What if company X hasn't carried out it's business for 3 years now and therefore didn't file any financial statements or annual statements either ... It wants to proceed with striking off? Can it? And if so then will the director face disqualification for it ? How will it work ?
Yes, the company may still apply for Strike Off under Section 248 of the Companies Act, 2013, but before doing so it generally has to complete pending compliances/documents required by ROC. However, since the company failed to file financial statements and annual returns for 3 continuous years, the directors may attract disqualification under Section 164(2). Such disqualification operates independently of the strike off process. Therefore, the company may get struck off, but the defaulting directors can still face consequences like ineligibility to be reappointed in other companies for the prescribed period.
Answer given by Shubhamm Sir at 12-May-2026 10:05 PM