I want to strike off my defunct private limited company in Darbhanga — what is the procedure?
PA Asked by Parul Banerjee from India
Quick Answer
To strike off a defunct private limited company in Darbhanga, you must follow the procedure outlined under the Companies Act, 2013, specifically Section 248. The process for striking off a private limited company involves several key steps:Eligibility Check: Ensure that your company meets the eligibility criteria for striking off, which includes: The company has not commenced any business or has c
Detailed Legal Analysis
To strike off a defunct private limited company in Darbhanga, you must follow the procedure outlined under the Companies Act, 2013, specifically Section 248.
The process for striking off a private limited company involves several key steps:
- Eligibility Check: Ensure that your company meets the eligibility criteria for striking off, which includes:
- The company has not commenced any business or has ceased to carry on its business for a period of two years.
- There are no outstanding liabilities.
- The company has no deposits or outstanding debts.
- Hold Board Meeting: Conduct a Board Meeting to pass a resolution for the striking off of the company. Document the decision in the minutes of the meeting.
- File Form STK-2: Prepare and file Form STK-2 with the Registrar of Companies (RoC) along with the required documents, including:
- Affidavit by the directors confirming that the company has no liabilities.
- Indemnity bond in the prescribed format.
- Copy of the Board resolution.
- Statement of accounts indicating the company's financial position.
- Payment of Fees: Pay the requisite fees as prescribed in the Companies (Registration Offices and Fees) Rules, 2014, along with Form STK-2.
- Public Notice: Upon receipt of Form STK-2, the RoC will issue a public notice in the official gazette and a local newspaper calling for objections, if any.
- Final Approval: If there are no objections received within 30 days of the notice, the RoC will issue a certificate of striking off, effectively dissolving the company.
It is essential to comply with the guidelines set forth in the Companies Act, 2013, and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. Failing to adhere to these requirements may result in the rejection of your application.
For further assistance, consider consulting a legal expert or a company secretary who can guide you through the process effectively.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.