What is time limit to file Closure documents with ROC. What is time limit to file Closure documents with ROC. When a company decides to close its operations, it must follow a proper legal process under the Companies Act, 2013.
Filing closure documents with the Registrar of Companies (ROC) is one of the final steps in this process.
Doing it on time ensures that the company is legally dissolved and the directors are no longer responsible for future filings or penalties.
Let’s understand the specific time limit, the required forms, and the importance of timely submission to the ROC.
📅 Time Limit to File Closure Documents
The ROC allows companies to file their closure documents within 30 days from the date the board or shareholders pass a resolution for closure.
The time frame depends on whether the company is active or inactive.
Here’s a quick summary 👇
| Closure Type | Required Form | Filing Time Limit | Applicable Section |
|---|---|---|---|
| Voluntary Closure (Active Company) | MGT-14 + STK-2 | Within 30 days of resolution | Section 248(2) |
| Closure of Inactive Company | STK-2 | Within 30 days of board approval | Section 248(1) |
| Strike-off by ROC (Compulsory) | STK-7 | Initiated by ROC | Section 248(5) |
🕓 Missing this 30-day limit can delay the entire strike-off process.
🧾 Essential Forms for Company Closure
To complete the closure, the company must file specific forms on the MCA portal:
✅ Form MGT-14 – To record the special resolution for closure.
✅ Form STK-2 – To request removal of the company’s name from the ROC register.
✅ Form STK-3, STK-4, and STK-8 – To attach declarations, indemnity bonds, and financial statements.
Each form must be digitally signed by a director and certified by a CA, CS, or CMA.
⚖️ What If the Deadline Is Missed?
Missing the 30-day filing deadline can lead to serious compliance issues.
If a company fails to file on time:
-
The ROC may reject the application.
-
Late fees and penalties may apply.
-
The company remains active in ROC records, forcing directors to continue annual compliance like AOC-4 and MGT-7A.
To correct this, the company might need to pass a fresh resolution and refile all closure forms.
🔁 How to Ensure Timely Filing
To avoid last-minute issues, companies should follow these best practices:
-
Prepare financial statements up to the latest date.
-
Get professional certification in advance.
-
Schedule the board and shareholders’ meetings early.
-
Regularly check MCA portal updates until ROC confirms the closure.
✅ Proactive planning ensures a smooth, quick, and penalty-free closure process.
🎯 Conclusion
In summary, a company must file all closure documents with the ROC within 30 days of passing the closure resolution.
Timely filing ensures a clean exit, protects directors from future liabilities, and closes the company’s legal existence properly.
For seamless filing, it’s wise to work with a professional consultant who can handle all documentation and ensure compliance with the Companies Act, 2013.