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Notice of Proposal to Strike Off
I need a Notice of Proposal to Strike Off for a private limited company that has ceased trading and has no outstanding liabilities. The document should include the company's name, registration number, and a statement confirming that the directors have agreed to the proposal, with a 90-day notice period for any objections.
What is a Notice of Proposal to Strike Off?
A Notice of Proposal to Strike Off is an official warning from Pakistan's Securities and Exchange Commission (SECP) that a company might be removed from the company register. The SECP issues this notice when a company hasn't filed annual returns, paid fees, or shown signs of business activity for an extended period.
Companies typically have 30 days to respond after receiving this notice. They must either prove they're still active by submitting required documents or face being struck off the register. Once struck off, a company loses its legal status and can't continue doing business - though directors remain liable for any outstanding obligations under Pakistani corporate law.
When should you use a Notice of Proposal to Strike Off?
Use a Notice of Proposal to Strike Off when your company needs to remove inactive subsidiaries or dormant entities from Pakistan's company register. This process helps streamline your corporate structure and reduces unnecessary compliance costs. The SECP allows this approach for companies that haven't conducted business or filed returns for at least two years.
Many Pakistani businesses initiate this process during corporate restructuring, mergers, or when closing non-operational units. It's particularly valuable for group companies managing multiple entities or organizations looking to clean up their corporate portfolio. Just ensure all tax obligations are settled and no legal proceedings are pending before starting the strike-off process.
What are the different types of Notice of Proposal to Strike Off?
- Voluntary Strike-Off Notice: Used when companies voluntarily request removal from the register, typically for dormant or non-trading entities
- Compulsory Strike-Off Notice: Issued by SECP when companies fail to file annual returns or maintain compliance
- Group Company Strike-Off: Specialized format for removing multiple related companies simultaneously
- Fast-Track Strike-Off: Expedited version for companies with no assets, liabilities, or ongoing business
- Conditional Strike-Off: Contains specific conditions that must be met before removal from the register
Who should typically use a Notice of Proposal to Strike Off?
- SECP Officials: Issue and enforce Notices of Proposal to Strike Off when companies fail to meet regulatory requirements
- Company Directors: Receive and must respond to these notices, bearing primary responsibility for maintaining compliance
- Corporate Secretaries: Handle documentation and communication with SECP regarding the strike-off process
- Legal Advisors: Guide companies through the strike-off procedure and advise on potential implications
- Creditors: Must be notified and can object to the strike-off if they have outstanding claims against the company
How do you write a Notice of Proposal to Strike Off?
- Company Details: Gather the company's registration number, registered office address, and incorporation date
- Compliance History: Compile records of annual returns, financial statements, and tax filing status
- Asset Verification: Document all company assets, liabilities, and pending transactions
- Stakeholder Information: List all directors, shareholders, and creditors who need notification
- Legal Status Check: Confirm no ongoing litigation, investigations, or regulatory proceedings exist
- Documentation Platform: Use our automated system to generate a legally compliant Notice that meets SECP requirements
What should be included in a Notice of Proposal to Strike Off?
- Company Identification: Full legal name, registration number, and registered office address
- Legal Grounds: Specific reasons for proposed strike-off under Companies Act sections
- Timeline Details: Clear statement of the 30-day response period and key deadlines
- Required Actions: Explicit instructions for avoiding strike-off and maintaining registration
- Official Declaration: SECP authority statement and legal consequences of strike-off
- Objection Process: Procedure for stakeholders to contest the strike-off proposal
- Authentication: Official SECP seal, authorized signature, and issuance date
What's the difference between a Notice of Proposal to Strike Off and a Notice of Termination?
A Notice of Proposal to Strike Off differs significantly from a Notice of Termination in several key aspects, though both involve ending formal relationships. Understanding these differences is crucial for proper legal compliance in Pakistan.
- Legal Authority: Strike-off notices come exclusively from SECP to remove companies from the register, while termination notices can be issued by any party ending a business relationship or employment
- Scope of Impact: Strike-off affects the company's entire legal existence and all stakeholders, whereas termination notices typically affect only specific contractual relationships
- Response Timeline: Strike-off notices mandate a 30-day response period under company law, while termination notices follow contract-specific notice periods
- Recovery Options: Companies can restore their status within two years after strike-off, but termination notices usually create permanent endings with limited reversal options
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