Overview on Closure of Company

Closure refers to the necessary actions taken when a business or organization can no longer sustain its operations. This can happen due to various reasons, such as bankruptcy, the death of the business proprietor, acquisition by another entity, or the organization becoming obsolete after a corporate merger. Additionally, a closure may occur when the original purpose for establishing the organization is no longer relevant.

While closures are typically associated with businesses and non-profit organizations, any human-created entity, ranging from a single church to an entire country, can also face closure if it ceases to exist for any reason


Reasons for Closure of Company

Economic Conditions

Business closures often occur due to economic conditions. When there is low national economic growth, typically caused by a recession or depression, it directly impacts the operations of companies. Certain industries, such as durable goods and luxury sectors, are particularly vulnerable to severe downturns during periods of poor economic conditions. Durable goods encompass items that last more than three years and usually entail substantial capital investments from both businesses and individuals. Common examples of durable goods include equipment, facilities, vehicles, and houses. Luxury items, on the other hand, are high-priced products that are not essential for maintaining a standard quality of life.

Low Profits

Insufficient business profits serve as a prevalent cause for company closures. Business owners invest in inventory, production overhead, and general expenses while operating the company. However, excessive spending in the pursuit of higher revenues can lead to low profits. Consequently, business owners find themselves unable to attain a satisfactory personal income. Additionally, these low profits may hinder efforts to enhance the company’s operations or repay external financing used for business startup. Faced with the challenge of enduring meager or even negative profits, business owners may contemplate the option of closing their company.

Unavailable Resources

To produce consumer goods and services, companies rely on essential economic resources, namely land, labor, and capital. Land signifies the natural resources present in an economy, while labor represents the human resources responsible for converting raw materials into consumer products. On the other hand, capital encompasses money, facilities, and other physical assets necessary for smooth business operations. If business owners face challenges in obtaining a sufficient quantity of these economic resources, they may consider closing their company. Furthermore, the use of low-quality economic resources might also compel business owners to shut down if they cannot produce valuable consumer products to sustain their operations.

Tough Competition

Competition in the economic market refers to the presence of various companies vying for consumers’ attention. Small businesses often encounter challenging competition while trying to maintain a significant market share. When competitors consistently produce more products at lower consumer prices, business owners may contemplate closing their businesses. Inability to compete with larger rivals can lead to a decline in market share for these small businesses. Moreover, large competitors may introduce new products that smaller businesses are unable to compete with, further complicating their position in the market.


Documents required for strike-off of company

Incorporation Documents:

  • Memorandum of Association (MoA) and Articles of Association (AoA)
  • Certificate of Incorporation
  • PAN card and other registration certificates

Accounting Information:

  • Financial statements of the Company for the most recent year, prepared within 30 days of filing the application

Details of Activity:

  • Information on whether the company has been operational for any period and, if so, the date of discontinuation of operations.

Legal Liabilities:

  • A statement disclosing any pending litigations involving the company, if applicable.

NOC from Creditors:

  • The company must provide a No Objection Certificate (NOC) for closure from creditors, if there are any outstanding debts.
    (A draft of the NOC to be provided by legal and financial experts.)

NOC from Regulatory Bodies:

  • Obtain NOC for closure from relevant regulatory bodies such as Income Tax Department, SEBI, RBI, etc., if applicable.