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

Detailed Legal Analysis

To strike off a defunct private limited company in Bokaro, you must follow a specific procedure as stipulated under the Companies Act, 2013, particularly Section 248.

The process involves several steps, which can be summarized as follows:

• Eligibility Criteria:
  • The company must be inactive and should not have conducted any business for the last two financial years.
  • No outstanding liabilities should exist against the company.
  • The company should not have any assets or liabilities at the time of application.
• Board Resolution:
  • Hold a board meeting and pass a resolution to approve the striking off of the company.
  • Ensure to maintain proper documentation of the minutes of the meeting.
• Filing with the Registrar:
  • File Form STK-2 with the Registrar of Companies (ROC) along with the prescribed fee.
  • Attach the following documents with the application:
    • A copy of the board resolution.
    • A declaration by the directors regarding the company's status.
    • Indemnity bond, if required.
    • A statement of accounts showing that the company has no assets and liabilities.
• Public Notice:
  • The ROC will publish a notice in the official gazette informing about the proposed striking off.
  • Any objections from creditors or stakeholders must be resolved before proceeding.
• Final Approval:
  • If there are no objections, the ROC will issue a certificate of striking off.
  • This certificate will serve as evidence that the company has been dissolved.

It is important to note that the entire process must comply with the relevant provisions of the Companies Act, 2013, specifically Sections 248 to 251, which govern the striking off of companies. Additionally, ensure that all statutory compliances are completed up to the date of application to avoid any legal repercussions.