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

Detailed Legal Analysis

To strike off a defunct private limited company in Bikaner, you need to follow the procedure outlined under the Companies Act, 2013, specifically adhering to Section 248 and related rules. Below are the detailed steps to assist you in the process:

• Eligibility Criteria: Ensure that your company meets the following criteria for striking off:
  • The company has not carried on any business or operations for the last two financial years.
  • The company has no outstanding liabilities.
  • There are no disputes pending with the creditors.
  • The company has not been listed on any stock exchange.
• Board Resolution: Hold a board meeting to pass a resolution for striking off the company. Document the decision in the minutes of the meeting.
• Filing Form STK-2: Prepare and file Form STK-2 with the Registrar of Companies (RoC) along with:
  • Copy of the board resolution.
  • Indemnity bond from the directors.
  • A declaration by the directors confirming the compliance with the eligibility criteria.
  • Affidavit from the directors.
  • List of shareholders and creditors.
• Publication of Notice: The RoC will publish a notice in the Official Gazette and on its website regarding the proposed strike-off. This is to inform stakeholders and allow for any objections.
• Response to Objections: If there are any objections raised, you must address them within 30 days of the notice. If no objections are received, the RoC will proceed with the strike-off.
• Certificate of Strike Off: Upon successful completion of the process, the RoC will issue a 'Certificate of Strike Off' under Section 248(5) of the Companies Act, 2013, confirming the removal of the company from the register.
• Post-Strike Off Compliance: Ensure that you comply with any remaining obligations, such as filing outstanding returns or taxes, if applicable, to avoid future liabilities.

It is advisable to consult a legal professional or a company secretary during this process to ensure compliance with all statutory requirements and to handle any complexities that may arise.