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

Detailed Legal Analysis

To strike off a defunct private limited company in Visakhapatnam, you will need to follow the procedure laid down by the Companies Act, 2013 under Section 248.

Here is a step-by-step procedure for striking off your defunct private limited company:

• Eligibility Criteria:
  • The company must be a private limited company.
  • It should not have any outstanding liabilities.
  • It must not have conducted any business for the past two financial years.
  • The company should not have any pending litigation or any claims against it.
• Board Meeting:
  • Hold a board meeting to propose the strike-off and pass a resolution confirming the company is defunct.
  • Ensure that all directors agree to the strike-off.
• Filing of Form STK-2:
  • File Form STK-2 with the Registrar of Companies (RoC) along with the following documents:
  • Copy of the board resolution.
  • Affidavit confirming that the company is not carrying on any business.
  • Indemnity bond from the directors.
  • Statement of assets and liabilities.
• Publication of Notice:
  • The RoC will publish a notice in the official gazette and on its website regarding the proposed strike-off.
  • This notice will allow any objections to be raised within a stipulated time frame.
• Approval of Strike-off:
  • If no objections are received, the RoC will approve the strike-off and issue a certificate of dissolution.
  • This certificate is conclusive proof that the company has been dissolved.
• Final Steps:
  • Ensure all statutory records are maintained for at least 8 years post-dissolution.
  • Notify the Income Tax Department regarding the closure of the company.

It is advisable to consult a professional, such as a company secretary or legal advisor, to ensure compliance with all legal requirements and to facilitate the process smoothly.