I want to strike off my defunct private limited company in Ahmedabad — what is the procedure?
MA Asked by Manoj Tiwari from India
Quick Answer
To strike off a defunct private limited company in Ahmedabad, you must follow the procedure outlined in the Companies Act, 2013, specifically under Section 248. The process involves several key steps, which are as follows:Eligibility Criteria: Ensure that your company meets the following conditions: It has not commenced any business or has ceased to operate for the last two financial years. There
Detailed Legal Analysis
To strike off a defunct private limited company in Ahmedabad, you must follow the procedure outlined in the Companies Act, 2013, specifically under Section 248.
The process involves several key steps, which are as follows:
- Eligibility Criteria: Ensure that your company meets the following conditions:
- It has not commenced any business or has ceased to operate for the last two financial years.
- There are no outstanding liabilities.
- The company is not being investigated by any regulatory authority.
- Board Resolution: Convene a Board Meeting to pass a resolution to strike off the company. Minutes of the meeting must be recorded.
- Approval from Shareholders: Hold a General Meeting to seek approval from the shareholders for the proposed closure. A special resolution must be passed if required.
- Filing with the Registrar: File the following documents with the Registrar of Companies (ROC):
- Form STK-2: Application for striking off the name of the company.
- Form STK-3: Notice of the Board resolution.
- Form STK-4: Affidavit verifying the application.
- Other documents: A statement of assets and liabilities, and a copy of the special resolution (if applicable).
- Publication in Official Gazette: The ROC will publish a notice in the Official Gazette regarding the striking off of the company. Any objections can be raised within 30 days of publication.
- Certificate of Strike Off: If no objections are received, the ROC will issue a certificate of strike off, officially dissolving the company.
It is essential to ensure that all statutory dues and liabilities are settled before initiating this process, as the ROC may refuse the application if there are outstanding dues. The relevant provisions can be found in Section 248 and Section 249 of the Companies Act, 2013.
Additionally, keep in mind that once the company is struck off, it cannot be revived, and all assets will vest with the government.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.