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

Detailed Legal Analysis

To strike off your defunct private limited company in Saharanpur, you must follow the procedure outlined under the Companies Act, 2013, specifically Section 248. The process involves various steps and compliance with specific requirements to ensure the company's name is removed from the Registrar of Companies (RoC) records.

• Eligibility Criteria:
  • The company must not have any outstanding debts.
  • The company must not have any litigation pending against it.
  • The company should not be engaged in any commercial activities for the last two financial years.
• Board Resolution:
  • Hold a Board Meeting to pass a resolution for striking off the company.
  • Ensure the resolution is documented in the minutes of the meeting.
• File Form STK-2:
  • Prepare and file Form STK-2 with the Registrar of Companies.
  • Ensure to include the following documents along with Form STK-2:
    • Copy of the Board Resolution.
    • Indemnity Bond in Form STK-3 executed by all the directors.
    • Affidavit in Form STK-4 from every director declaring the company is not carrying on any business.
    • Proof of the company’s registered office.
    • Latest financial statements of the company.
• Publication of Notice:
  • The Registrar will publish a notice in the official gazette and on the website, inviting objections, if any.
• Certificate of Striking Off:
  • If there are no objections, the Registrar will issue a Certificate of Striking Off.
  • This certificate serves as conclusive evidence that the company has been dissolved.

It is advisable to consult with a company secretary or legal expert to ensure all procedural aspects are followed correctly and to facilitate a smooth process.

For further reference, you can consult the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, which provide detailed guidelines on the striking-off process.