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

Detailed Legal Analysis

To strike off a defunct private limited company in Indore, you must follow the procedure outlined under the Companies Act, 2013, specifically Section 248, which allows for the removal of a company's name from the register of companies.

Here is a step-by-step guide to assist you through the process:

• Eligibility Criteria:
  • The company must not have commenced business or has ceased operations.
  • It should have no outstanding liabilities, such as loans or debts.
  • All members of the company must consent to the strike-off.
• Hold a Board Meeting:
  • Call a Board meeting to discuss and pass a resolution for striking off 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 requisite fees.
  • Ensure that the form is signed by a director and the company secretary (if applicable).
  • Attach necessary documents including:
    • Affidavit by the directors affirming that the company has no debts.
    • Indemnity bond from the directors.
    • Copy of the Board resolution.
• Public Notice:
  • After filing, the RoC will publish a notice in the official gazette and a local newspaper to inform stakeholders about the proposed strike-off.
• Wait for Objections:
  • Allow a period for objections to be raised by creditors or stakeholders.
• Final Approval:
  • If no objections are received, the RoC will strike off the name of the company and issue a notification in the gazette.
  • Keep a copy of the gazette notification for your records.

It is advisable to consult a legal expert or a company secretary throughout this process to ensure compliance with all legal requirements under the Companies Act, 2013, and avoid any potential issues.