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

Detailed Legal Analysis

To strike off a defunct private limited company in Udaipur, you must follow the procedure outlined under the Companies Act, 2013, specifically Section 248, and the associated rules under the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

The procedure for striking off your company involves several key steps as detailed below:

• Board Meeting: Call a Board Meeting to discuss and approve the proposal for striking off the company.
• Special Resolution: Pass a special resolution for the voluntary winding up of the company. Ensure that at least three-fourths of the shareholders agree to this decision.
• Fiiling with the Registrar:
  • File Form MGT-14 with the Registrar of Companies (RoC) within 30 days of passing the special resolution, along with the resolution and explanatory statement.
• Application for Striking Off:
  • Prepare and file Form STK-2 with the RoC, which includes details such as the company name, registered office address, and reasons for striking off.
  • Attach the following documents with Form STK-2:
    • Affidavit from directors confirming that the company has not carried out any business for the last one year.
    • Indemnity bond from the directors.
    • Statement of accounts showing that the company has no liabilities.
• Publication of Notice: The RoC will publish a notice in the official gazette and may also place it on the company's website. This notice will call for objections, if any, from stakeholders.
• Approval from RoC: If there are no objections within 30 days from the date of publication, the RoC will strike off the name of the company from the register of companies.
• Certificate of Strike Off: Upon successful processing, the RoC will issue a certificate of strike off, which serves as conclusive evidence that the company has been dissolved.

Be aware that all statutory filings must be up to date, and any pending dues or liabilities must be settled before initiating the strike-off process. Non-compliance with these regulations can lead to penalties under various sections of the Companies Act, 2013.