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

Detailed Legal Analysis

To strike off a defunct private limited company in Lucknow, you must follow the procedure outlined under Section 248 of the Companies Act, 2013, along with the applicable rules therein.

Here is a step-by-step guide to the procedure:

• Eligibility Criteria:
  • The company must not have any outstanding liabilities.
  • It should not have been involved in any business activity for the past one year.
  • The company must have filed all necessary financial statements and annual returns up to the date of application.
• Board Resolution:
  • Hold a Board Meeting to pass a resolution for the striking off of the company.
  • Document the reasons for striking off and ensure compliance with the Companies Act, 2013.
• Application for Strike Off:
  • File an application in Form STK-2 with the Registrar of Companies (RoC) along with the prescribed fees.
  • Attach necessary documents, including:
    • Affidavit from directors confirming the company is not carrying on business.
    • Board resolution for strike off.
    • Indemnity bond.
    • Statement of assets and liabilities.
• Public Notice:
  • The RoC will publish a notice in the Official Gazette and give a period of 30 days for any objections.
• Confirmation of Strike Off:
  • If no objections are raised, the RoC will strike off the company and issue a confirmation in Form STK-6.
  • The company will be deemed to be dissolved as per Section 248(5) of the Companies Act, 2013.

Additional Considerations:

• Ensure compliance with any tax obligations prior to applying for the strike-off.
• Consult a qualified company secretary or legal advisor familiar with corporate law to avoid any pitfalls.

References: Companies Act, 2013, Section 248; Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.