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

Detailed Legal Analysis

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

The procedure for striking off a private limited company involves several steps as follows:

• Board Resolution: Pass a resolution in the Board Meeting stating the intention to strike off the company.
• Clearance of Liabilities: Ensure that all debts and liabilities of the company are settled. If the company has any outstanding dues to creditors, it cannot be struck off.
• Filing of Form STK-2: File the application for striking off with the Registrar of Companies (RoC) using Form STK-2, along with the following documents:
• Affidavit by the directors confirming the status of the company as defunct.
• Indemnity bond in the prescribed format.
• Copy of the Board resolution.
• Statement of accounts up to the date of the application.
• Public Notice: After the application is received, the RoC will issue a notice in the official gazette to inform about the proposed strike-off. This allows any objections from creditors or stakeholders.
• Compliance Check: The RoC will review the application and documents submitted. If everything is in order and there are no objections, the RoC will proceed with the striking off.
• Certificate of Strike Off: Upon successful processing, the RoC will issue a certificate of strike off, which serves as official confirmation that the company is no longer in existence.

It is important to note that the company must not have commenced any business operations for the last two financial years, and it should have no assets or liabilities at the time of application as per the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Additionally, ensure compliance with any other relevant regulations or guidelines provided by the Ministry of Corporate Affairs (MCA) and consider consulting a legal professional for assistance in the process.

For reference, the key provisions are found in:

• Companies Act, 2013 - Section 248
• Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016