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

Detailed Legal Analysis

To strike off a defunct private limited company in Asansol, you need to follow a specific procedure as outlined in the Companies Act, 2013.

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

• Board Meeting: Convene a Board Meeting to pass a resolution to strike off the company. This requires a majority vote by the Board of Directors.
• Filing of Form STK-2: After passing the resolution, file Form STK-2 with the Registrar of Companies (ROC). This form must be submitted along with the necessary documents, including:
• Certified copy of the Board Resolution.
• A declaration by the directors stating that the company has never commenced business or has ceased to carry on business for a period of two years.
• Indemnity bond from every director of the company.
• Affidavit from the directors.
• Copy of the latest financial statements.
• Obtain Consent from Creditors: If the company has any creditors, you must obtain their consent for the strike-off. This can be documented through a letter of consent.
• Publishing a Notice: The ROC will publish a notice in the official gazette and on the Ministry of Corporate Affairs (MCA) website, inviting objections from stakeholders, if any, within 30 days.
• ROC Review: After the notice period, if there are no objections, the ROC will proceed with the strike-off and issue a confirmation. If objections are raised, a hearing may be scheduled.
• Final Order: Upon successful review, the ROC will issue a final order of striking off the name of the company from the register, and the company will be deemed dissolved under Section 248(5) of the Companies Act, 2013.

It's essential to ensure that all tax filings are up to date and no dues are outstanding to the government before initiating the strike-off process. The relevant provisions of the Companies Act, 2013, particularly Sections 248 to 252, govern the striking off of companies.

Additionally, ensure compliance with any other applicable laws or regulations, such as the Goods and Services Tax (GST) or Income Tax Act, to avoid legal complications.