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

Detailed Legal Analysis

To strike off a defunct private limited company in Itanagar, the procedure involves filing an application with the Registrar of Companies (ROC) and adhering to specific regulatory requirements as per the Companies Act, 2013.

Here are the steps and key points to follow:

• Eligibility Criteria:
  • The company must be a private limited company.
  • It should not have any outstanding liabilities.
  • It must not be engaged in any business activities for the last two financial years.
  • It should not have any pending litigation or legal proceedings.
• Board Meeting:
  • Hold a board meeting to discuss the proposal for striking off the company.
  • Pass a board resolution to approve the decision.
• File an Application:
  • File Form STK-2 with the ROC along with the required documents.
  • The application must be accompanied by a statement of accounts, evidencing that the company is defunct.
• Obtain No Objection:
  • Make sure to obtain a No Objection Certificate (NOC) from the tax authorities (Income Tax and Goods and Services Tax) regarding the payment of dues.
• Publication:
  • The ROC will publish a notice in the official gazette and may also require publication in a local newspaper to inform stakeholders.
• Final Order:
  • If no objections are received, the ROC will pass an order for the company’s strike-off.
  • The company will be deemed dissolved from the date mentioned in the order.

It is also important to ensure compliance with Section 248 of the Companies Act, 2013, which provides the legal framework for the strike-off process, and to maintain proper records throughout the process. Consulting with a professional or legal expert in corporate law may also be advisable to ensure all procedural and legal requirements are met appropriately.