Documents Required to Close a Private Ltd.

Documents for closing a Pvt Ltd are the Board Resolutions, Special Resolution, Creditors consent, etc. These are required to be maintained for closing a Private Limited Company via voluntary winding up of the company.

To close a Private Limited Company, Every director of the company should comply with the provisions of the Companies Act 2013, There are many ways by which company could be wound up. Following are the methods for winding up of a company

• Compulsory Winding up
• Voluntary Winding up
• Defund Company Winding up

Different forms and different documents required for each method of Winding up of a Company.

Compulsory Winding up

When Company did something which is unlawful or illegal then Government by force shut down the company. These type of Winding ups are known as Compulsory Winding up of the company. Common documents which are required for every case.

• Audited Financial Statements
• Documents related to the petition filed against the company

Rest Documents will depend on case to case of the company.

Voluntary Winding up

Voluntary Winding up is the discretion of the company. Voluntary winding up of the company give relief to the directors from duties of the compliance and other legal responsibilities. The whole procedure is done by the directors and filings will be done as per the procedure of MCA.

Following are the documents which are required in the case of Voluntary Winding up of the company
 

•  Board Resolution
  Board Resolution is to be passed in the Board of Directors Meeting in which all the directors will agree to dissolve the company.
   
• Special Resolution
  Special Resolution is to be passed at a General Meeting of the company in which at least 3/4^th Shareholder must agree for the dissolution of the company.
   
• Creditors Consent
  Creditors Consent is just an affidavit in which all the creditors gives their consent for closing down the company.
   
• Declaration of Solvency 
  It is a document that lists the assets and liabilities of a company seeking voluntary liquidation to show that the company is capable of repaying its debts within 12months.
   
• Liquidator's report
  It is a report which verifies the valuation of the company to the ROC. Liquidators report shall be made by the liquidator which is appointed by the company or by the ROC.
   

Defund Winding up

All the documents are same as Voluntary winding up of the company. The only difference is the form by which the company will wound up.

The form which is required to wind up a Defund company is Form STK-2.