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

Detailed Legal Analysis

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

Here’s a step-by-step guide to the process:

• Eligibility Criteria:
  • The company must not have been carrying on any business or operation for the preceding two financial years.
  • The company must not have any outstanding liabilities.
  • All members must consent to the strike-off.
• Board Resolution:
  • Hold a board meeting to pass a resolution for the strike-off.
  • Ensure that all directors agree on the decision.
• Application for Strike Off:
  • File Form STK-2 with the Registrar of Companies (RoC) along with the necessary documents.
  • Documents required include:
    • A copy of the Board Resolution.
    • An affidavit from the directors stating that the company is not carrying on any business.
    • Indemnity bond from the directors.
    • A statement of assets and liabilities.
• Payment of Fees:
  • Pay the requisite filing fee as prescribed by the Companies (Registration Offices and Fees) Rules, 2014.
• Publication of Notice:
  • The RoC will publish a notice in the Official Gazette to inform stakeholders about the proposed strike-off.
• Response Period:
  • Allow a period for any objections to be raised by creditors or other stakeholders.
• Final Strike Off:
  • If there are no objections, the RoC will strike off the name of the company from the register and issue a certificate of strike-off.

It is advisable to consult a legal professional to ensure compliance with all procedural requirements and to address any specific circumstances related to your company.