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

Detailed Legal Analysis

To strike off a defunct private limited company in Kanpur, you must follow a systematic procedure as outlined in the Companies Act, 2013. The primary provision for striking off a company is provided under Section 248 of the Companies Act, 2013.

Here are the steps you need to follow:

• Eligibility Criteria: Ensure that your company meets the following criteria:
  • Has not been carrying on any business for the last two financial years.
  • Has not made any application within the last two years for obtaining a dormant status under Section 455 of the Companies Act, 2013.
• Board Meeting: Hold a Board Meeting to discuss the proposal of striking off the company. Pass a resolution to authorize a director to make the application for striking off.
• Prepare Documents: Prepare and compile the following documents:
  • Certified copy of the Board Resolution.
  • Form STK-2: Application for striking off the name of the company.
  • Form STK-3: Notice of striking off the name of the company.
  • Affidavit in Form STK-4, affirming that the company has ceased operations.
  • Indemnity Bond in Form STK-5, executed by all directors.
• Filing with the Registrar: File the above documents with the Registrar of Companies (RoC) along with the prescribed fees. The application can be filed online through the Ministry of Corporate Affairs (MCA) portal.
• Public Notice: After receiving the application, the RoC will publish a notice in the official gazette and on the MCA website, seeking objections (if any) from stakeholders.
• Compliance with Objections: If there are no objections within 30 days of the notice, the RoC will strike off the name of the company from the register.
• Certificate of Strike Off: Upon successful completion of the process, the RoC will issue a certificate of striking off, which serves as conclusive evidence that the company is dissolved.

It is essential to ensure that all liabilities are cleared and the company is compliant with tax obligations before initiating the strike-off process to avoid any legal complications.