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

Detailed Legal Analysis

To strike off a defunct private limited company in Coimbatore, you need to follow the procedure outlined under Section 248 of the Companies Act, 2013 and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Here are the steps and requirements to successfully strike off your company:

• Eligibility Criteria:
  • The company has not commenced any business for a period of two years.
  • The company has not been engaged in any activity since its incorporation.
  • The company is not in default in filing its financial statements or annual returns.
• Board Resolution:
  • Hold a board meeting and pass a resolution for the proposal to strike off the company.
  • The resolution must be recorded in the minutes of the meeting.
• Application for Strike Off:
  • File Form STK-2 with the Registrar of Companies (RoC) along with the requisite fee.
  • Attach the following documents with Form STK-2:
    • Affidavit in Form STK-3.
    • Statement of accounts indicating no assets and liabilities.
    • Indemnity bond in Form STK-4.
    • Copy of the board resolution.
• Publication of Notice:
  • Once the application is submitted, the RoC will publish a notice in the Official Gazette and on the company’s website.
  • This notice will inform the public about the proposed strike off, allowing any objections to be raised.
• Final Approval:
  • If no objections are received within a stipulated period, the RoC will strike off the name of the company from the register of companies.
  • A confirmation of the strike off will be sent, and a certificate of strike off will be issued.

It is advisable to ensure that all statutory dues, if any, are cleared and no pending litigations exist before initiating the strike-off process. Compliance with the Companies Act is crucial to avoid legal issues in the future.