Critical consequences of Striking Off of a Company


Contetrauniversal

Uploaded on Mar 3, 2023

Striking off of a company means that the company has been removed from the official register of businesses by the relevant regulatory authority, generally for failing to meet specific legal and financial obligations.

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Critical consequences of Striking Off of a Company

Critical Consequences of Striking Off of a Company Introduction • Striking off of a company means that the company has been removed from the official register of businesses by the relevant regulatory authority, generally for failing to meet specific legal and financial obligations. • A striking off of a company can have a substantial impact because it can no longer do business or participate in legal agreements. Furthermore, the government may confiscate or sell the corporation’s assets or property to pay off creditors. • The Companies Act, 2013 (Act) specifies numerous methods for dissolving a business, such as striking off, winding up, merger, and so on. Impact on Shareholders • Striking off of a company by the RoC indicates that it has been disregarded and is no longer listed on the official register of corporations. The company’s shareholders may suffer as a result of this. • The shares’ value will drop sharply, if not completely, in value. The corporation will no longer be owned by its shareholders, and they won’t be able to sell their shares or get dividend payments. For shareholders, especially those who own a big number of shares or have made sizable financial investments in the company, this could mean a significant financial loss. Impact on Creditors A creditor is a person or organization to whom the company owes money. Striking off means that the creditor can no longer In addition, if a company is struck off claim the money it owed from the while it still owes money to creditors, the company because it no longer exists. This creditors may not be able to recoup their can be especially devastating for small losses through liquidation or receivership. businesses or individuals who are relying on the payment to keep their own operations running. Options for creditors to • One option is to pursue legal action against the company’s recover their directors for wrongful trading or misfeasance. This can be a complex and time-consuming process, and there is no losses in case guarantee that the creditors will be able to recover their losses in this way. of striking off • Another option is to make a claim through the of a company government’s insolvency service. This is a process where creditors can claim money they are owed from a government fund that is set up to compensate them in the event of a company’s insolvency. However, the fund may not have enough money to cover all of the creditors’ losses, and the process can take a long time. Striking off of a company can have a significant and lasting impact on stakeholders of the company such as – Impact on Other Creditors are one group of stakeholders who can be greatly affected by the striking off of the company. They are individuals or organizations that are owed money by the company.  Stakeholders Shareholders are another group of stakeholders who can be impacted by the striking off. They may lose the value of their investment in the company, as well as any dividends or other returns they were expecting. Shareholders may also be unable to sell their shares or claim any money back from the company. Customers and suppliers can also be impacted by a striking off of the company. Customers may not be able to claim refunds or compensation for goods or services they have purchased from the company. Options for other stakeholders to recover their losses in case of striking off of a company –  • Creditors can make a claim through the government’s insolvency service, or pursue legal action against the company’s directors for wrongful trading or misfeasance. Employees may be able to make claims through the government’s Employment Insurance scheme.  • Shareholders may be able to claim compensation through the government’s shareholder protection scheme. However, these options may not be able to fully compensate the stakeholders for their losses, and the process can take a long time. • It is essential for stakeholders to be aware of the risks of engaging with a company, and to take steps to protect themselves in the event that the company is struck off.  Impact on Employees • Upon striking off a company, its employees may lose access to benefits like retirement plans, health insurance, and other perks that were provided by the company. This can cause additional financial stress and uncertainty for employees, especially if they have dependents who rely on these benefits. • Employees may also experience emotional distress and uncertainty as a result of losing their jobs. This can include feelings of insecurity, anxiety, and depression. • They may also struggle to find new employment, especially if the company has a poor reputation or if there is a downturn in the job market. Options for • Employees may be able to make claims through the government’s Employment Insurance scheme. They employees may also be able to pursue legal action against the company’s directors for wrongful dismissal or other to recover employment-related issues. However, these options may not be able to fully compensate employees for their losses their losses, and the process can take a long time. • Striking off a company can bring emotional turmoil in case of and uncertainty for employees. It is crucial for employees to be aware of the risks of working for a striking off of company, and to take steps to protect themselves in the event that the company is struck off.  a company Conclusion  In comparison to other methods of The RoC can screen out non-operating business dissolution, the process for firms that were formed to siphon off removing a company’s name from the funds thanks to the strike off provisions. In Register kept by the RoC on an application the recent last few years, it has by the firm itself involves far less time and accomplished this. By submitting an money. The liabilities of the members, application to the RoC, these regulations directors and managers outlined above do also give management the ability to close not end with the dissolution of the entities that are no longer necessary. company under this section. Even after their collapse, they still owe debts. Contetra Can Help  Strike that is A service that helps you get the details of “STRUCK OFF” companies, for hassle-free compliance with the new mandatory disclosure requirement of schedule III.  Contetra provides solution for below two steps only by using below tool- Step 1- Step 2- Upload your list MCA Struck Off Vendors /suppliers Receive the output in record with their GST numbers (which time (powered by our AI- is easily available with every enabled tool that scrapes through finance team). For those vendors MCA website for you – leaving no where GST number is not available, room for manual errors) our tool can also do a PAN or CIN based search. Website : https://contetra.com/strike-t hat/ Email Id : [email protected] Phone No : 98338 18857