Set up a sole Winding Up - Company

  • Take your first step towards winding up your Business. A Company not commenced its business within one year from the date of incorporation/inactive for two years/not a Dormant Company.

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Register Winding Up - Company Firm Online through Compliance Gurukul

You can easily complete Winding Up - Company firm registration online through Compliance Gurukul. For a sole Winding Up - Company registration, only the PAN & Aadhaar card of the business owner is required. We can help you obtain the following registrations in less than 15 days:

  • GST Registration
  • Zero-Balance Business Current Account with Compliance Gurukul Software

Once, you have registered for the Winding Up - Company firm registration online on Compliance Gurukul, please follow the steps below and upload the following documents by logging into Compliance Gurukul Software.

  • Step 1: Login to Compliance Gurukul Software using the email address for payment.
  • Step 2: Go to Services Tab & Select Winding Up - Company Engagement
  • Step 3: Upload your PAN & Aadhar Card Copy
  • Step 4: An Compliance Gurukul Registration Expert will file the registration application with GST Department and Bank for Current Account.
  • Step 5: Access to Compliance Gurukul Software is for GST invoicing, GST filing and other services.

Winding up of a Company

Company winding up, or liquidation refers to the formal process through which a company concludes its operations, ultimately leading to its dissolution. This process entails the systematic closure of the company's affairs, including the sale of assets, settlement of debts from the proceeds, and distribution of any remaining surplus to the shareholders according to their stake in the company. The initiation of winding up occurs either by a court order or through a voluntary resolution passed by the company. Once the winding-up proceedings are complete, the company is officially dissolved and ceases to exist, marking the end of its corporate existence through this legal procedure.

What is the Winding Up of a Company?

The term "winding up", as outlined in Section 2(94A) of the Companies Act, 2013, refers to the formal process of closing a company through the mechanisms provided by the Companies Act or by undergoing liquidation under the Insolvency and Bankruptcy Code, 2016. This process involves ceasing regular business activities, liquidating assets, and settling debts ultimately leading to the company's dissolution. Despite this, during the winding-up phase and until dissolution, the company maintains its legal entity status, allowing it to partake in legal actions within a Tribunal. The objective of winding up is to ensure an orderly closure and distribution of the company's assets.

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Document requirement for Voluntary Winding up of a Company

  • Special Resolution (Form-26): A document proving the company's decision to wind up.
  • Declaration of Solvency (Form 107): A statement showing the company can pay its debts.
  • Directors' Affidavit: A sworn statement verifying financial documents like the auditor’s report and accounts up to the most recent date before declaring solvency.
  • Liquidator's Consent: Agreement from the appointed liquidator to undertake the winding-up process.
  • Notice of Winding Up Resolution: A published notice in the Official Gazette about the company's decision to wind up.
  • Notice of Liquidator Appointment: A published notice in the Official Gazette about the liquidator's appointment.
  • Preliminary Liquidator's Report: An initial report from the liquidator outlining the winding-up plan.
  • Notice of Final Meeting: Announcement of the company's conclusive gathering.

Timelines

A sole Winding Up - Company firm registration can normally be done in India through Compliance Gurukul in max 2 weeks. However, the timelines for registration will vary from case to case, depending on the government and bank processing timelines.

Winding Up - Company FAQ's

Winding up of a company (or liquidation) is the process where a company’s assets are collected and sold to pay off its debts. Once all debts, expenses, and costs are settled, any remaining funds are distributed among the shareholders. The company will be dissolved and will cease to exist after winding up

Despite being in the process of winding up, the company remains a legal entity capable of legal actions until it is officially dissolved.

A company can be wound up either by a court order (compulsory winding up), voluntarily by its members or creditors, or subject to the court's supervision.

Compulsory winding up is initiated by a court order, often due to the company's inability to pay debts, legal breaches, or when deemed just and equitable.

Voluntary winding up occurs when the company's members or creditors decide to close the company without court intervention.

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