I want to strike off my defunct private limited company in Faridabad — what is the procedure?

Detailed Legal Analysis

To strike off a defunct private limited company in Faridabad, you must follow a specific procedure as outlined under the Companies Act, 2013, particularly Section 248.

The process for striking off a defunct private limited company involves the following steps:

• Eligibility Criteria: Ensure your company meets the following conditions:
  • The company has not commenced any business or has ceased operations for the last two financial years.
  • The company has no outstanding liabilities.
  • No application is pending against the company under any law.
• Board Resolution: Hold a Board Meeting to pass a resolution for the striking off of the company. The resolution should state:
  • The reasons for the proposed strike-off.
  • Approval of the financial statements and the declaration that the company is defunct.
• File Form STK-2: After passing the resolution, file the application in Form STK-2 with the Registrar of Companies (RoC) along with the following documents:
  • Board resolution for striking off.
  • Affidavit from the directors stating that the company has not conducted any business.
  • Indemnity bond from the directors.
  • Copy of the company's financial statements for the last financial year.
  • Details of the company's registered office and the names of the directors.
• Advertisement: The RoC will issue a notice in the Official Gazette, as per Section 248(1) of the Companies Act, 2013, informing the public of the application for striking off the company.
• Objections: If no objections are received within 30 days of the notice, the RoC will strike off the name of the company from the register and publish a notice in the Official Gazette.
• Certificate of Strike-Off: Upon completion of the process, a certificate of strike-off will be issued by the RoC, signifying that the company has been officially dissolved.

It is important to adhere to the compliance requirements, as failure to do so may lead to complications or rejection of the application. Additionally, it is advisable to consult with a legal professional or a company secretary to ensure that all procedural steps are correctly followed.