Answer

Startup ecosystem · Wind-down

Fast-track winding up: DPIIT startups in 90 days under IBC

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  1. Facts

    DPIIT-recognised startups can wind up under Fast Track Corporate Insolvency Resolution Process (FTCIRP) in 90 days, vs standard 180+ days. A mediator is appointed under IBC. Company's assets are liquidated, creditors paid, directors discharged.

  2. Provisions and law

    • Insolvency and Bankruptcy Code 2016, Sec 55-58 | DPIIT Notification
  3. Analysis

    When to use: No viable path to revenue. Runway exhausted. Founders want a clean exit without being personally liable for company debts. Key protection: Pvt Ltd shields founders from personal liability for company debts, unless fraud or personal guarantee was given. Founders can walk away from a failed startup.

  4. Conclusion

    1. File all pending GST returns (returns can't be filed after company struck off)
    2. Close all bank accounts and clear balances
    3. File final ITR for the last year of operation
    4. Discharge all employee dues, TDS, PF obligations
    5. Board resolution to wind up + shareholder approval
    6. Inform investors and get NOC if SHA requires it

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