a)       Has the company done any of the following in the last 3 months? (If the response is yes, then it is NOT eligible for strike off.)

·                      changed its name,

·                      traded or carried on business, or

·                      disposed of property or rights.

b)      Does any of the following apply to the company? (If the response is yes, then it is NOT eligible for strike off.)

·         there are any Court proceedings involving your company that haven't been finally concluded, or

·         the company is in administration, liquidation or receivership.

Before applying to strike off a limited company, it must first be down properly. To do so the client should attend to the following*, where applicable:

o   make sure your employees are treated according to the relevant requirements,

o   cancel or transfer all employee visas / sponsorships and cancel the company's establishment card and e-channels account (go to ACCESSADGM),

o   cancel the company's P.O. Box,

o   cancel any other registrations or permits (e.g. vehicle registration linked to the company), issued by other UAE government authorities,

o   terminate (or transfer) the lease for your company's registered office address (if not already expired),

o   surrender the company's lease registration with the Registration Authority (if not already expired),

o   take down the company's website and cancel utility accounts, and

o   deal with the company's assets and liabilities.

* This list is non-exhaustive.

a) Option 1 - Strike Off with Notice

Strike off with notice means informing (giving notice) to all relevant parties that a strike off application has been filed with the Registrar. Relevant parties are those who could be affected by the company closing and include the company's:

o   members (shareholders),

o   directors,

o   creditors,

o   employees, and

o   a manager or trustee of any employee pension fund.

The client must give notice (i.e. a copy of the strike off application) to the relevant parties within 7 days of filing the strike off application with the Registration Authority.

b)      Option 2 - Strike Off with a Prescribed Statement

Strike off with a prescribed statement is a streamlined strike off process, which does not require a notice to be given to relevant parties, but does involve further eligibility criteria.

Is the company eligible for strike off with a prescribed statement – does it satisfy the below conditions?

o   fall within the definition of small as per the small companies regime in the ADGM Companies Regulations 2020 (see section 369), and

o   not conduct financial services, regulated by the Financial Services Regulatory Authority (except Reg Lab participants).

o   Turnover not more than USD 13.5 million, and

o   Number of employees not more than 35.

3 months for strike off with notice, or

2 months for strike off with a prescribed statement.

If no person raises an objection with the Registration Authority during the notice period, the company will be struck off the register at the end of the notice period.

The Registrar will issue you a confirmation letter and also publish a second Public Notice confirming that the company has been dissolved (does not legally exist anymore).

1.       Option 1 - Strike Off with Notice

A strike off with notice application must include the following supporting documents:

o   a directors' resolution, signed by a majority of directors,

o   an undertaking regarding the company's eligibility, signed by one of the directors, and

o   Evidence of lease termination / expiry (note that this does not apply to SPVs, investment companies etc that don’t require a physical office)

2.       Option 2 - Strike Off with a Prescribed Statement

A strike off with a prescribed statement application must include the following supporting documents:

o   a prescribed statement, signed by a ALL directors,

o   a shareholders' resolution, signed by ALL members, and

o   Evidence of lease termination / expiry (note that this does not apply to SPVs, investment companies etc that don’t require a physical office)